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Prosecutions possible for owners of 10 earthquake-prone Lower Hutt buildings

Tuesday, 5 March 2019

Court action is possible for the owners of 10 earthquake-buildings in Lower Hutt who have demonstrated a distinct lack of action to make their properties safe.

Owners could face a $200,000 fine, while the Hutt City Council could also issue an order to prevent people from living in or using the buildings.

Council staff this week told city councillors there were 21 earthquake-prone buildings in Lower hutt that have missed various strengthening deadlines.

The Naenae Hotel is one of 10 earthquake-prone buildings that are causing the city council concern in Lower Hutt.
The Naenae Hotel is one of 10 earthquake-prone buildings that are causing the city council concern in Lower Hutt.

Officers are concentrating on 10 buildings where there has been a notable lack of progress. That list contains two bars, as well as two buildings owned by WelTec and one by Wellington property developer Ian Cassels.

**READ MORE:

The Naenae Hotel is on a list of Hutt City Council buildings that have missed a deadline for earthquake strengthening.
The Naenae Hotel is on a list of Hutt City Council buildings that have missed a deadline for earthquake strengthening.

* Hutt company fined $37,000 for failing to quake-strengthen

* Building owner stung for not quake-strengthening

George McLennan enjoys a beer in the Naenae Hotel in October 2015 to mark the hotel
George McLennan enjoys a beer in the Naenae Hotel in October 2015 to mark the hotel's 61st birthday. (File photo)

* Government urges action on owners who ignore repair deadline

* Unreinforced masonry building owners may get extension for fix

The former Petone Courthouse, owned by WelTec. It is on a list of buildings that should have been earthquake strengthened by December 2018.
The former Petone Courthouse, owned by WelTec. It is on a list of buildings that should have been earthquake strengthened by December 2018.

* Enforcement possible for Wellington building owners on 'red list'**

Also on the list is the well-known Naenae Hotel, which has about 30 people living in it.

The old BNZ building on High St has missed the council
The old BNZ building on High St has missed the council's deadline for earthquake strengthening.

In July, the council prosecuted the owners of an apartment block on Jackson St in Petone for failing to strengthen it. The prosecution was the first of its kind in this country.

At the time, Hutt City Council's divisional manager for environmental consents Helen Oram said the sentence set an important legal precedent and should serve as a warning to other owners.

This former bookshop in Petone is another building that missed the Hutt City Council
This former bookshop in Petone is another building that missed the Hutt City Council's deadline for earthquake strengthening.

'The fundamental issue for us is we were concerned for the risk to the tenants, their visitors and pedestrians. We wanted to make it clear that we wouldn't tolerate any delaying tactics [by building owners].'

Kim Kelly, the council's general manager of city transformation, said the earthquake-prone buildings on its list would be assessed for evidence the owner was serious about strengthening or demolition.

The owner of 22 Hillary Court in Naenae has had an engineer assessing his earthquake-prone building for two years.
The owner of 22 Hillary Court in Naenae has had an engineer assessing his earthquake-prone building for two years.

When it came to the Naenae Hotel, Kelly said one of the factors in deciding what action council would take was whether the building was occupied and its level of public use.

The council could issue a notice stopping it from being used, but had a long process to follow before it could do that, he said.

Naenae Hotel building owner Suresh Dayal said he was confident it would be strengthened by the end of the year.

'It is all under control, our architects are doing the engineering assessment as we speak.'

Finding engineers with the necessary expertise had been difficult after the November 2016 earthquake, he said.

Alan Osborne, who leases the building from Dayal, confirmed engineers had been on site.

WelTec chief executive Chris Gosling said that both its buildings, including the former Petone Courthouse, had been unoccupied for sometime.

'Both are surplus to our requirements and we have been actively exploring options for disposal. We have kept the city council informed throughout this process.'

In 2011, Stuff reported the council was running out of patience with WelTec over the courthouse, which had an original deadline of 1993.

Eddie Young, who owns the building at 22 Hillary Court in Naenae, said he asked an engineer to look at it in 2016. Those engineers had done 'half the work' required but getting him to finish it had been difficult.

He was reluctant to get a new engineer in as it would only cause further delays. Once he knows what is required he intends to get the strengthening done as quickly as possible.

The former BNZ building in High St, which is owned by Wellington developer Ian Cassels of the Wellington Company, is also in the council's sights.

Spokesperson Earl Hope-Pearson, from Egmont Dixon, said he was surprised to see it on the list.

A resource consent application for KiwiBuild apartments had already been lodged and work was underway to strengthen it.

Lulich said he was pleased to see council officers taking a proactive approach.

'Officers need to be commended for being the first council to prosecute the owner of an earthquake[-prone] building, but it is important that we act decisively and urgently particularly with buildings that people are living in.'

EARTHQUAKE-PRONE BUILDINGS