Bella Vista homeowners to sue Tauranga Council

Affected homeowners during this morning's meeting. Photo: Sam Gardner. Video by Matt Shand/Stuff.co.nz

Homeowners affected by the Bella Vista debacle are going to take a class action suit against Tauranga City Council.

The announcement comes after two families have already said they were going to sue the council.

Now, the other 19 families will join them.

The homeowners met outside the affected properties in The Lakes near Tauriko this morning.

They were joined by members of the public and media outlets as they made the announcement.

Tauranga City Council mayor Greg Brownless and other elected council members were also invited to the meeting, but homeowners say they declined the invititation.

During the meeting, homeowners said they "are exhausted and hoped it wouldn't come to this".

"It's a decision that hasn't been made lightly."

Nathan Smith has been appointed as the lawyer as homeowners proceed with the legal action.

The news comes amid council's plans to prosecute the developer involved in the Bella Vista debacle.

More soon.

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10 comments

Bring it on

Posted on 01-08-2018 13:08 | By rastus

Having read up on the background to this story I would guess that the developer cannot wait to get the liars involved in this debacle into court - the sooner the better and good wishes to all those cheated for a successful outcome.


Well done

Posted on 01-08-2018 13:15 | By Told you

It’s about time these clowns were taken down, their bluff won’t stand up in court and it will be nice to see them squirm in the courtroom and their lies exposed, All the best..


Excellent

Posted on 01-08-2018 13:17 | By overit

These people have been left out in the cold. I still believe those houses are habitable.


Yahudikiwi

Posted on 01-08-2018 13:37 | By Yahudikiwi

Well done guys. This debacle has cost you dearly in money and stress. All the best with your class action. Councils must realise that they are responsible if they deem properties compliant only to find subsequently that they are not. The council can sue the developer but responsibility for the mess lies with their inept building inspection process.


What next..

Posted on 01-08-2018 15:50 | By Marshal

Words fail me.. Democratically elected Tyrants. The TCC should hang their heads in shame.. No wonder so many people I meet say they can't wait for the next financial melt down .. Capitalism is seriously unwell..


Pride comes before the fall

Posted on 01-08-2018 17:34 | By backofthequeue

Council need to accept the multiple failings that have underwritten this eventuality and offer a better and more reasonable settlement to the affected homeowners. Their legal advisors are doing them no favours; where is there any benefit in taking legal proceedings against a company already in liquidation? Councils' pride in this matter is only diminishing the goodwill of all people.


Meanwhile the dodgy developer is..

Posted on 01-08-2018 18:20 | By tgacentral

They seem to have forgotten that the reason they do not have houses is because the dodgy developer they went into business with cheated them and many contractors and failed to build the houses they were promised. Regardless of the involvement of council, they still would have unfinished and poorly constructed houses.


They should rather sue the Developer

Posted on 01-08-2018 19:28 | By Grumps

A waste of money for rate-payers and these home-owners - sue the developer. Surely responsibility lies with: 1st with Dodgy Developer, 2nd with Homeowners who signed with DD and only 3rd with incompetent TCC. Have the home-owners been scared off by the DD? TCC offer seemed fair - class action looks like homeowners are being greedy and trying to get ratepayers to compensate them for market movement, they are not willing to be even a little bit out of pocket.


Well Done!

Posted on 01-08-2018 19:36 | By Jaybee

I'm so pleased you have all remained united as B.V. victims. Class action will see you through this mess. I certainly hope your legal representation is doing this on a 'pro-bono' ie; you win, Council pays them, you lose (which is not likely), no charge! Good luck with TCC going for the developer; he will file bankruptcy like Mark Bryers did from Blue Chip, then left the country, re-invented himself and is of on the same roller coaster. Stand up for what you believe in!! (and the rest of us support you too) stay strong... you can do this!


So it continues

Posted on 01-08-2018 21:20 | By Kancho

I made a prediction when this situation came to light that this bebarcle will cost 20 million. It will be interesting to see the real cost of the reports, the consultants, the legal costs, the compensation, insurance excess and onging insurance adjustments when will all is finally toted up. I am not as gleeful as many attacking the council as it is we the ratepayers who will be picking up a stonking bill. The council whether we like it or not are ultimately our representatives and an extension of us.Those elected do not go on to council to have this happen but have been badly let down by the officers and systems of council. It behoves the elected members to make sure that systems, protocols and employees of concil never get to this state of affairs again. So I look forward to a rigorous review and shake up


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