Source: Radio New Zealand
Damage from the Auckland Anniversary Weekend floods, from top left: Derek Judge’s Swanson home was flooded by the rapidly rising Waimoko Stream; houses in Swanson sit abandoned and vandalised in November; Andrew Marshall’s red-stricken house in Swanson is still being hit by vandals a year on from the floods; Julie Armstrong’s Northcote home was badly damaged by the flood waters. RNZ and supplied
Three years since Auckland was hit by double storms that took lives and displaced hundreds, some homeowners facing ongoing flood risk are heading to court.
They either want a buyout or stormwater problems fixed.
Auckland Council has deemed 1038 homes too risky to live in and bought them, with another 50 agreements expected to be settled.
West Auckland is Flooding spokesperson Lyall Carter said the $1.2 billion scheme offered jointly by the council and government worked for the majority, but not everyone.
“There’s still a number of people that are in challenging circumstances and I think that is to be expected to an extent.”
West Auckland is Flooding spokesperson Lyall Carter. RNZ / Kate Newton
The buyout scheme is wrapping up and some people whose homes are considered safe to live in have watched as neighbours houses are removed.
“They’re the forgotten people in this story, the ones that didn’t get bought out that have to live with the dread of flooding happening again and being re-traumatised all over again, having to live with their kids on that street while people pull down houses,” Carter said.
Among them are Brendon and Stephanie Deacon whose house in Huapai is one of the last standing in their cul-de-sac – nine were bought out.
Lawyer Grant Shand is representing them in a legal claim filed against Auckland Council – asking to be bought out.
“The Deacon judicial review proceeding, where they’re the category one house on the street and everyone else essentially is category three, hopefully that gets a hearing and gets resolved this year,” Shand said.
“Hopefully that also brings out other people who can see that they’re in the same position and may well have a claim also.”
Stephanie and Brendon Deacon’s house in Huapai is one of the last standing in their cul-de-sac. RNZ / Luka Forman
He said there were also homeowners in Hawke’s Bay who may bring claims related to their regional buyout scheme to court.
Shand expected there were others who could have cases against developers or councils.
“There probably are people who had damage, loss in the floods who may well have claims against people for the floodings themselves, such as bad drainage, bad management of the water in the area. They may well come out of the woodwork.”
Such as Kumeū homeowner Theresa Smith, whom he was representing in legal action filed against Auckland Council, Auckland Transport and a developer.
She said her property had become an overland flow path for stormwater due to changes in the road and footpath from a nearby development.
“I’m just getting no resolution from the council and the fact that they are devaluing our property by putting an overland flow path on it, when they have allowed infra to go in that is a channel for the water to be diverted onto our property.”
Smith was worried it could get worse.
“These overland flowpaths do devalue people’s properties and also it’s almost like a licence to keep diverting water as you progressively develop the area.”
Lawyer Grant Shand is representing some families asking to be bought out. Nick Monro
Meanwhile, the council had four major flood resilience projects underway, including two in Māngere due to be completed this year.
It had also confirmed the first stage of a somewhat controversial project to reduce flooding in Wairau, restore wetlands at AF Thomas Park while still allowing for golf.
Group recovery manager Mace Ward said this year marked a transition for the recovery programme.
“We’re now at the tail end of a huge recovery programme, with thousands of individual repair and recovery initiatives delivered across the region by Auckland Council group,” he said.
“Some of the hardest work hasn’t been the physically visible stuff, it’s been supporting Aucklanders to make incredibly difficult decisions about their future.”
The recovery office would deliver an overview of lessons learned mid-year, covering its advice for recovery planning.
As for the vacant plots left from houses bought and removed in Auckland, Ward said it would take years to decide the long-term use for that land due to the complexity of safety issues.
Lyall Carter said after all they had been through, communities needed a say.
“What happens with that land, the voice of the people has been missing from decisions especially in west Auckland for a long time when it comes to these areas that have been impacted by flooding. Their voices need to be paramount in what happens to that land that is left.”
He was concerned the city’s leaders had not learned to future-proof for flooding and natural hazards.
“We’ve had areas that have been fast-tracked to be built in areas we know flood, why? We have that on one hand and on the other hand there’ll be no more bail outs. Who’s responsible?”
Meanwhile, a lengthy inquest looking into the 19 storm-related fatalities in 2023 nationwide continues in February.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
