Convictions, acquittals and questions of viability have been delivered by the presiding judge in Tauranga's failed Bella Vista Homes development.

Judge Paul Mabey this week released his findings from a five-week-trial into Bella Vista Homes Limited, which, along with its director Danny Cancian was convicted on three charges under the Building Act.

Two convictions, which carry a maximum penalty of a $200,000 fine, relate to two properties in the failed development which had improper wall heights, a lack of vertical reinforcing and the wall footing which was inadequate to hold soil loads.

The third, relates to another home where timber cladding was not installed or constructed in accordance with approved plans.

Both were acquitted on four charges.

The Bella Vista Homes debacle began after Bella Vista Homes went into liquidation in November 2017.

From there council inspectors found building defects and unsafe construction despite some being signed-off by council inspectors.

This resulted in a $14.2 million buyout of the homes by Tauranga City Council, as well as a raft of charges being laid against companies who carried out work on the development.

The Engineer Limited, along with its director Bruce Cameron, were each convicted on six charges relating to four properties.

Blocklayer Darrell Joseph was convicted on three charges relating to three properties.

In evidence, Joseph gave admissions his work fell below the standard of a Licenced Building Practitioner, and he exhibited a lack of attention to the plans, inappropriate applications of this trade and a lax attitude to compliance .

Given the public interest in the case, Mabey made some additional comments based on the evidence received and in his view the development was 'destined for failure from the outset”.

He questioned the logic of entering into house and land agreements which would require the homeowners to construct a large retaining, which separated the upper and lower houses on the site as 'remarkable”.

'The wisdom of purchasers entering into a contract which provides for the retaining walls as an extra is seriously open to question as is the advice, or lack of advice, they may have received before entering into such contracts,” he said.

Mabey said the development had significant liquidity and cash flow problems exacerbated by when Cancian purchased $1.3 million worth of shares in a director buyout even though the value of them was $400,000.

'It does not take much to appreciate the unorthodox approach to the subdivision… placed the Bella Vista subdivision on a path for inevitable failure.”

Mabey also made comments on Cancian's suggestion the council had interfered in his business, and he was personally targeted to put him out of business.

He said the council had acted 'fair and reasonable” and had 'succumbed to pressure to placate Cancian's demands”.

A sentencing date will be decided at a nominal hearing on January 22.

-Stuff/Matt Shand.