As project manager for multiple Tauranga housebuilds, Danny John Cancian was liable to ensure work complied with building consents. He was fined $36,000 for breaches of the Building Act.
Cancian and his company Bella Vista Homes Ltd gained notoriety when Tauranga Council closed down as dangerous, building sites in a subdivision known as The Lakes. Poor construction forced demolition of some homes; remediation for others. Cancian was charged with breaches of the Building Act in respect of eight properties. After a trial and several appeals, convictions and fines stood in respect of two properties.
Justice Lang confirmed conviction and a $20,000 fine in relation to an Aneta Way build. Poorly finished cladding breached the Act. Cancian could not lay the blame on an apprentice working on site. As the licenced building practitioner responsible, it was Cancian’s job to supervise his apprentice, Justice Lang said.
Building Act charges in relation to one Lakes Boulevard build centred on foundation footings for a rear wall. Footings poured were inadequate for a consented wall one metre high and were in fact used to support a wall that was nearly three metres high. Cancian was held liable as project manager, even though another licenced building practitioner personally supervised pouring of the inadequate footings. A $20,000 fine was reduced by $4000 after Cancian’s further Lakes Boulevard conviction for filing with Tauranga Council an incorrect record of the completed work was overturned on appeal; filing a record of work is not ‘building work’ as defined by the Act, Justice Lang ruled.
Cancian was ordered to pay Tauranga City ninety per cent by value of the fines imposed.
Cancian v. Tauranga City Council – High Court (28.3.22 & 29.04.22)
22.081