TCDC acting to protect public safety by seeking court order against Wilderland Trust

Fire Service advice is that some buildings are dangerous

Thames-Coromandel District Council has lodged court proceedings against the Wilderland Trust following advice from the New Zealand Fire Service that some buildings at 155 Comers Road, Whitianga, are dangerous due to fire hazards and/or the occupancy of the buildings.

It is also seeking a direction from the Court in respect of the dangerous and insanitary building notices served on the Trust in May this year.

This follows a long period where the Council has tried to work with the Trust to resolve a number of issues.

Chief Executive Steve Ruru says it was unfortunate that discussions with the Trust to date have not resulted in progress being made to a point that Council can be confident that users of the buildings are not at risk.

"In these circumstances, Council has been left with little choice, given the statutory responsibilities that it has, but to seek guidance from the Courts on what action, if any, should be taken to address the risks that exist," he said. "Council also has a requirement to report to the Courts given that a Warrant requiring that the buildings not be occupied was issued in December 2009."

It should be noted that while the Council is seeking to have the affected buildings demolished it has also indicated it would accept a Court order requiring only that they not be occupied until they are upgraded to meet the required health and safety standards.

"Decisions made by Council have not been taken lightly or without consideration for the Wilderland Trust, its efforts and its purpose. We also recognise the level of support for the Wilderland Trust and hope that the matter can be resolved in an amicable manner."