David Thornton

Member, Glenfield Community Board

media release 17th February 2009

Statement from David Thornton

Residents claim council is legally liable for costs of landslips on North Shore.

Residents of Mulberry Place, Glenfield, today told the North Shore City Council that legal advice the council received in 1982 proved that it was liable for costs of home-owners who are threatened by landslips arising from heavy rail in late July 2008.

The affected residents found this legal advice in searching their property files.

The residents were stating their case in front of the ncouncil’s Strategy & Finance Committee and asken the committee to purchase their properties which were now under constant threat from further landlslips – particularly in the event of heavy rainfall.

I supported the residents in their submissions and referred to council’s ‘inescapable legal liability’ to resolve a land stability problem which had existed for almost 40 years.

Searches of council records by the residents and myself clearly show that successive councils have been aware of the danger for at least 34 years and, despite numerous geotechnical reports and attempted repairs, those councils have failed to solve the problem.

Affected residents are now unable to get insurance on their homes because of the threat of future landslips.

The residents have asked council to purchase their homes so they can ‘move on’ and point out that with their houses removed the council will be able to effect permanent repairs to the unstable land which will protect the council-owned roads, Mulberry Placd and Marlborough Avenue.

The council committee was due to move into ‘confidenttial’ mode later in the day to consider the latest geotechnical report and legal advice.

The committee chairman promised prompt action in response to the submissions made today.

ends

© Scoop Media