Media Release                                                                                                                             

27 November 2024

              

Nonsensical Decision from Local Council Creating Misery and Stress For Couple

Stephanie and Brendon Deacon live in Huapai, if you could call it “living”.

They first experienced extreme flooding in August 2021, then again in January 2023. The family has lived in limbo after flooding saw them abandon their home in the early hours of the morning in August 2021, grabbing their young children from their beds and taking them to safety on kayaks.

The Auckland Council has assessed the Deacons’ neighbours as Category 3, but the Deacons have been evaluated as being Category 1.  Category 3 means that it is no longer safe for people to live there due to an intolerable risk to life from future flooding or landslides.  Nine properties around them are in the process of being demolished – the closest is just ten metres away – and people are moving away.

At a meeting on November 6, the council said they’d be engaging a surveyor and structural engineer to carry out further assessments and the report should be available in about three weeks; the Deacons have not seen nor heard from a structural engineer since.

“We have presented extensive assessments and reports from appropriately qualified experts, to the council, and they are continuing to put their heads in the sand, or rather the mud. We have 2m deep water around us when it rains heavily, a four-wheel drive vehicle was dumped near our property by the floods in 2023 and still the council refuses to accept our reports,” says Brendon. “During flooding we have no power, no running water and no sewage.”

A house that has ‘protected’ the family home from floodwater debris is amongst those being demolished which the couple say will leave them even more exposed to the dangers of the heavy rain and flooding.

The Deacons have two young children, aged 5 and 7. The youngest was 1 year old when this all began.

“Our seven-year-old cries when the rain starts and becomes really panicky,” Brendon says. “When we met with the council team at our house in early November, we talked about how upset and panicky the children become when it rains heavily. One of the team said we should manage it the same way you would manage them around a bag of lollies, meaning, just stop just be firm and stop them from doing it. My wife and I were gobsmacked.”

The Deacons have engaged lawyer, Grant Shand who says the decision by Auckland Council is illogical.

“There is no sensible reason to differentiate this young family and their home, from the neighbouring houses. There is a risk to life here,” says Mr Shand. “Just outside the door of the house, the water is upwards of 2 metres deep in flood, and house is unstable. The Deacons categorisation is illogical,” he says.

Flooding in the area has increased since the Council approved the adjacent New World subdivision and Mr Shand says the Council must take responsibility for this.

“I’ve seen what long, stretched out timeframes post a disaster do to people, to families,” he says, having worked with hundreds of people after the Canterbury earthquakes. “No-one wants to head down the path of litigation but sadly the council is leaving the Deacons with little choice.”

Brendon Deacon says three years after the deluge, its mind boggling that they can’t move on.

“All we want is our lives back,” he says. “Good decision making supported by expert reports that clearly show we should be categorised the same as our neighbours, is surely not much to ask.”

Otherwise they are left in a worthless house at risk of death in future flooding.

-ENDS-  For more information please contact Ali Jones on 027 247 3112

 

From 1 news

Twenty-five severe weather-hit Far North residential properties are in the spotlight for potential buyout and relocation.

The shortlisted properties have been identified as the most damaged by the severe weather that hit the North Island during January and February 2023 storms that included cyclones Gabrielle and Hale.

Detailed council-funded analysis to confirm their North Island weather events impact and Future of Severely Affected Land (FOSAL) programme participation is now underway.

Minister for Emergency Management and Recovery Mark Mitchell said agreement to relocate was a condition of any financial buyout support.

The worst-hit properties have been earmarked as potentially severely affected and now unsafe for living in because of ongoing intolerable risk to human life, due to the danger of future flooding or land slips. Homes and marae in these areas cannot remain or be rebuilt on their current sites. Affected land will be covenanted so no future residential building will be allowed.

FNDC is developing a Future of Severely Affected Land Voluntary Buy-out and Relocation Policy to underpin the work. This must be approved by the Government’s cyclone recovery unit.

Cyclone Gabrielle flooding in Kawakawa's Johnson Park on February 13, 2023.

The policy is required by the Government as part of its potential shared cyclone recovery unit work buyout and relocation funding. It is based on Auckland Council, Gisborne District Council and Masterton District Council policies and is expected to be formally adopted this week.

Public consultation on the policy ended on October 10.

FNDC manager climate and action resilience Esther Powell said council staff had started working with affected property owners.

The property buyouts and relocations will likely mean big extra unbudgeted cost for Far North District Council ratepayers — even though this cost is to be shared with the Government which will fund up to half the required money under the FOSAL programme.

“The implementation of the policy has the potential to impact ratepayers through unbudgeted financial expenditure…,” Powell said.

The Far North District Council must pay for the costs of demolition or otherwise remediating properties it buys under the scheme, as well as the cost of any dispute resolution process.

Mitchell wrote to the council in August reiterating earlier calls he had made in March and May, urging the Far North District Council to speed up its recovery project timelines to provide certainty for those affected.

Floodwaters blocking traffic in the Mid North's Taumarere during Cyclone Gabrielle.

“It is vital that this is carried out quickly and effectively, with a clear understanding of the scope and the limitations of the pathway to avoid raising unrealistic community expectations,” Mitchell said.

“I have asked CRU [cyclone recovery unit] officials to visit you in the Far North as a matter of priority, to discuss next steps.”

Government funding towards the buyouts and relocations is only available until June 30. The Far North District Council would have to pay out full costs after this deadline.

Mitchell said due to the time that had passed since the North Island severe weather events, the Government would need to be assured any damage to the earmarked properties was specifically caused at that time and not in previous or subsequent weather events.

The Far North programme has a separate thread for marae and land held in Māori freehold title, where landowners work directly the government instead of the council policy to sort buyouts and relocations.

The draft Far North District Council policy says this separate pathway recognised how any settlement gave effect to Te Tiriti o Waitangi and previous Treaty settlements. Māori landowners could choose to go through the government pathway or the council’s policy.

Sandbagging on Paihia waterfront against angry seas whipped up by Cyclone Gabrielle.

Te Kahu o Taonui (Northland Iwi Chairs Forum) has been appointed to work with the Government’s cyclone recovery unit on this aspect.

Mitchell said the programme supported marae and Māori land’s affected owners and residents to “relocate out of harm’s way”.

Their land ownership would be retained, but agreeing to relocate was a condition of government financial support, Mitchell said.

Land ownership will retained for the wider affected properties too. All FOSAL programme land will be covenanted to prevent residential activity once owners are relocated and the residential dwellings cleared.

The Far North District Council will have the right to demolish or remove dwellings and reinstate sites to make them safe.

The wrath of Cyclone Gabrielle has its say on Paihia waterfront.

The Far North properties’ buyout payments will be based on the market value of their residential dwelling and improvements at February 12, 2023.

Uninsured properties will be paid 80% of their market value on that date.