30 November 2022
Media: Local Democracy Reporter
Topic: Museum stories
Enquiry
Reporter sought story ideas and a visit to/tour of Council’s off-site museum storage facility for a summer series that puts the spotlight on the museum.
Response
Reporter was provided with the following story ideas:
1. Frank Peat collection – this was the founding collection for the Museum
2. Edward Payton photography https://collection.rotoruamuseum.co.nz/persons/264
3. Souvenir collection, with a request to the community for donations
During the course of the tour of the off-site collection the reporter was provided with information about various museum collections with tribute paid to former local historian Don Stafford and former museum director John Perry.
______________________________________________________________________________________________________
Media: Stuff
Topic: Council Notice to Fix for Rotorua property
Enquiry
I have been speaking to the Peats, who are attempting to build a house at 58A Elizabeth St in Victoria, Rotorua.
I understand that the Council has issued a couple of Notices to Fix to the builder, with the first following an incident where an aluminium-framed window fell out of the first storey onto a neighbour's fence.
My understanding is the first Notice to Fix was made by the Council on April 6 2022, with instructions including installing temporary bracing on the first floor frames, and checking the particle board flooring to confirm exposure to the weather had not compromised it, or remove and replace the flooring.
The Eco ply barrier on the outside of the house would also require the manufacturer to look at it to ensure it hadn’t been ruined by the weather.
There was also a requirement to have a qualified professional confirm window joinery was up to cost, and to test timber for the floor joist and framing that had been exposed to the weather.
My understanding is the builder was given until April 22 to secure the remainder of the wall frames, and install site fencing to restrict access.
The builder was given until May 20 to complete all other items.
A second Notice to Fix was issued on June 15, listing similar issues.
I would like to ask the Council:
- Beyond these two notices to fix, was any further action taken? (Including fines)
- Why was no infringement notice given, given that the deadline dates for both Notices to Fix expired a while ago?
- Is any of the information I have presented above inaccurate?
- Was it only one aluminum window that fell out, or were there multiple or other issues raised by neighbours?
I also understand the build contract was signed in late April 2019, but resource consent was not granted until August 10 2021.
- Can you please tell me, what was the cause of the delay?
Finally, can you please tell me when planning consent was given for Tawharau Housing Limited's two large developments around Frank Street, and when does Council record work having started on the first of the two?
Subsequent additional questions:
I would also like to know if any remedial work was taken by the builder in between the notices, which delayed any kind of infringement notice or other punishment.
The builder has also stated that delays since the Notices to Fix were issues are in part due to requirements for the build to dry out prior to action being taken or a plan being developed. Is this true?
I also understand there is now a plan in place to progress the build and fix issues. Can you please provide details of this?
The builder said the Council also issued stop works notice over the months of April-May 2022. Is this true, and can you tell me why these were issued?
Response
Reporter was provided with the following information:
I understand that the Council has issued a couple of Notices to Fix to the builder, with the first following an incident where an aluminium-framed window fell out of the first storey onto a neighbour's fence.
Two Notices to Fix were issued to the owner and building contractors. Photo evidence showed that a wall frame fell from the building, impacting on the neighbour’s fence and causing minor damage.
My understanding is the first Notice to Fix was made by the Council on April 6 2022, with instructions including installing temporary bracing on the first floor frames, and checking the particle board flooring to confirm exposure to the weather had not compromised it, or remove and replace the flooring.
The Eco ply barrier on the outside of the house would also require the manufacturer to look at it to ensure it hadn’t been ruined by the weather.
There was also a requirement to have a qualified professional confirm window joinery was up to cost, and to test timber for the floor joist and framing that had been exposed to the weather.
A Notice to Fix was issued 8 April 2022 that required additional work to make the site safe and to test various building elements that had been exposed to the weather to demonstrate that these would meet the durability requirements of the building code.
My understanding is the builder was given until April 22 to secure the remainder of the wall frames, and install site fencing to restrict access.
Correct
The builder was given until May 20 to complete all other items.
Correct
A second Notice to Fix was issued on June 15, listing similar issues.
Correct – this was issued in lieu of the original Notice To Fix that had been partially complied with and meant the original notice was no longer current/accurate.
Beyond these two notices to fix, was any further action taken? (Including fines)
Council staff have been in constant contact with the building owner and building contractor including two meetings with the building contractor as we endeavour to achieve a successful outcome for the owner.
Council has also contacted the product manufacturers to enquire about the durability of their products when exposed to the weather.
Why was no infringement notice given, given that the deadline dates for both Notices to Fix expired a while ago?
An infringement is used as a last resort. In this instance the building contractor is still engaging and has indicated they are working on a schedule to complete this work. Council still reserves the right and has the ability to issue an infringement for the non-compliance with the Notice To Fix.
Is any of the information I have presented above inaccurate?
The date of the first Notice To Fix has been corrected above – ie the first notice was issued 8 April 2022.
Was it only one aluminum window that fell out, or were there multiple or other issues raised by neighbours?
Our information shows 3 sections of wall frame with windows installed were dislodged and fell.
I also understand the build contract was signed in late April 2019, but resource consent was not granted until August 10 2021.
Council issued a building (not resource) consent on 10 August 2021. This was granted 19 July 2021 after an application was received on 22 September 2020.
For the majority of the time between receiving and granting the application it was on hold awaiting a response to a request [from Council] for further information from the designers, who are also the builders in this instance.
Can you please tell me, what was the cause of the delay?
Can you please clarify what “delay” you are meaning?
Finally, can you please tell me when planning consent was given for Tawharau Housing Limited's two large developments around Frank Street, and when does Council record work having started on the first of the two?
Building and planning consents for the developments around Frank Street were issued to the developers, Roto Whare Ltd, not to Tawherau Housing Ltd although Council understands they are involved in construction of the dwellings.
Additional questions
I would also like to know if any remedial work was taken by the builder in between the notices, which delayed any kind of infringement notice or other punishment.
Council is aware that scaffold was erected in preparation for further building work on site.
The builder has also stated that delays since the Notices to Fix were issues are in part due to requirements for the build to dry out prior to action being taken or a plan being developed. Is this true?
Council understands that in order to test some of the material for durability the product needed to dry out. This was not the only consideration and there was no reason other work could not have been planned.
I also understand there is now a plan in place to progress the build and fix issues. Can you please provide details of this?
Council has yet to receive the latest commitment from the contractor.
The builder said the Council also issued stop works notice over the months of April-May 2022. Is this true, and can you tell me why these were issued?
Work on some parts of the build were halted until the ongoing durability of certain elements exposed to the weather for an extended period such as the chipboard floor could be verified.