Tauranga City Council has today announced that former High Court Judge, the Honourable Paul Heath QC, will undertake a thorough investigation into Council’s role in the Bella Vista buildings on Lakes Boulevard and Aneta Way.
Mr Heath QC was appointed as a Judge of the High Court of New Zealand in April 2002, and has recently retired from the bench.
Council Chief Executive Garry Poole says Mr Heath QC has confirmed that he can deliver a report by 1 June. This will allow Elected Members to consider its findings ahead of making a decision on Council’s preferred option for homeowners on 6 June.
Mr Poole says the appointment of Mr Heath QC will ensure an independent, fair and impartial investigation.
“As a former High Court Judge, Paul Heath QC is experienced and highly regarded.
“He has been involved in a number of high-profile and complex cases including the Earthquake Commission against the Insurance Council following the Christchurch Earthquakes, and the Judge alone trial of the directors and Chief Executive Officer of South Canterbury Finance”.
“Council will provide him with full access to our records and staff if required. I believe owners and our ratepayers can have absolute confidence in this investigation,” says Mr Poole.
Mr Heath QC is independent and has no personal connections to Council.
He has experience with the Building Act, having ruled in a case commonly known as ‘Sunset Terraces’ between the North Shore City Council and Body Corporate 188529. He found against the Council, and ruled that local bodies owed a duty of care to homeowners when inspecting residential buildings pursuant to the Building Act 1991. That decision was upheld by the Supreme Court.
As part of the investigation Mr Heath QC will hold a public meeting with owners from the Bella Vista Homes development on 8 May. Other parties directly associated with the development will also be able to attend, such as sub-contractors and builders, to provide their feedback.
The outcome of the investigation will be shared with homeowners.