An external review by Mike Bush of the Management of the Wairoa River Bay by the Hawkes Bay Regional Council has identified many failings of the Council in relation to its role. Here is a link to the report. The review was triggered by catastrophic flooding of Wairoa on 26 June 2024.
Government moves to ensure flood protection for Wairoa
Local Government Minister Simeon Brown has announced his intention to appoint a Crown Manager to both Hawke’s Bay Regional and Wairoa District Councils to speed up the delivery of flood protection work in Wairoa.
“Recent severe weather events in Wairoa this year, combined with damage from Cyclone Gabrielle in 2023 have highlighted the township’s high risk of flooding. Both councils have written to me with concerns around the delivery of Crown funded flood protection works following June’s weather event and the implications for the Wairoa community going forward,” Mr Brown says.
“I expect the Crown Manager will focus on progressing the delivery of a flood management catchment plan and flood protection works, providing leadership to ensure the two councils work urgently and effectively together, with the right systems in place.”
The Crown Manager would be specifically focussed on flood protection works which include the use of the $70 million of Crown funding and the management of the Wairoa River bar.
Failing to ensure an efficient and timely delivery of this flood protection work puts Wairoa at risk of future weather events which could leave a significant portion of the town uninhabitable, says Emergency Management and Recovery Minister Mark Mitchell.
“The recent flooding event in Wairoa has been incredibly tough for the people of Wairoa, particularly following the impacts of other severe weather events in the last couple of years.
“The Government recognises how critical flood protection is and has committed to supporting councils to undertake this work,” Mr Mitchell says.
The Local Government Minister has notified the councils of his intention to appoint a Crown Manager, exercising his powers under Part 10 of the Local Government Act 2002. The councils have 10 working days to provide feedback to the Minister on his intended intervention.
Following feedback from the councils, the Minister will consider potential candidates and make a final decision to undertake this intervention prior to formally appointing a Crown Manager to both councils.
In the aftermath of Cyclone Gabrielle, the Hawke’s Bay Independent Flood Review – Pae Matawai Parawhenua was commissioned by Hawke’s Bay Regional Council (HBRC) to investigate the circumstances and contributing factors that led to the flooding in the Hawke’s Bay region during Cyclone Gabrielle. in a 260 page report released 24 July 2024 the Panel found major failings in the performance of the HBRC. There was a lack of effective stopbanks, spillways and overflows. There was a lack of planning and preparedness. There were issues with gravel and vegetation mangement. The list goes on. HBRC can likely expect claims against it for compensation.
The Court of Appeal in Simons & ors v ANZ & ASB [2024] NZCA 330 has allowed the class action against ANZ and ASB to proceed on an opt out basis for the banks’ failure(s) to comply with the Credit Contracts and Consumers Finance Act 2003. It confirmed the exclusion from the class of those borrowers whose claims were statute barred. The Court also made a common fund order now that enables the litigation funders to get certainty of a return at the start of opt out class action proceedings. This is a first for NZ. A CFO imposes the payment terms agreed between the litigation funder and representative plaintiffs on all class members, obliging the representative party and all members of the class to bear a specified proportionate share of the money that will be paid to the litigation funder from the proceeds recovered in the proceedings. The litigation funders entitlement is a first priority on any monies received. Where CFOs are made, the court retains a supervisory role to
ensure the interests of justice are upheld between the litigation funder and those who benefit from the litigation.
On 16 July 2024 Grant Shand commenced proceedings in the Napier High Court against the Hawke’s Bay Regional Council for damage caused in the flooding on 26 June 2024 that damaged about 500 properties. Here is the website with information about the claim. The intent is for this to be an opt out class action. People who are insured for the loss and damage will need to check their policy wording to establish whether the insurer may have rights to bring proceedings and give notices in any class action.
