OPERATION JIGSAW ASSESSMENT SUMMARY

Tauranga failed subdivision

10 July 2018
Completed by Suzanne Edmonds

Introduction

Operation Jigsaw (OJ) was formed by a group of individuals, ratepayers and interested citizens, who
became aware of inconsistencies in reports on the failed subdivision at, The Lakes, Tauranga.
Information obtained at the Paul Heath Public Meeting in May 2018, regarding the subdivision was the
catalysts to the group being formed and has since grown as others joined due to the interest and
concerns increasing.

The group, some of who are professionals in the building field, have investigated the large amount of
documentation that was provided by Bella Vista Homes Ltd (BVHs) Director, Danny Cancian. This
information consists of the BVHs filing system, including correspondence between Council, Council
inspection documents, building photos etc.

Mr Cancian told a public meeting, in May, that he would assist Mr Heaths investigation in any way
possible. He offered full transparency. When approached by the group to provide the information, he
willingly agreed. It would be fair to state that at least 90% of the information assessed, is documentation
that will be on Councils records. Some interviews have also been conducted as people came forward,
or were approached by the group’s personnel. Mr Heath’s terms of reference did not cover 'WHY' the
calamity happened.

I approached the Councilors to meet with them and give them a chance to provide information they
either were not privy to or may not have considered. The offer was declined, on behalf of all elected
members, by Deputy Mayor Kelvin Clout. In the first instance, I approached, in good faith, Tauranga
Mayor Brownless, to inform him of the groups plan. On Friday 11 May 2018, it appeared, the Mayor was
upset at the formation of the group and stated;

“The Heath Report would probably find the 'WHY'.”

However it was never tasked with that purpose. Council is now sorting out terms of references for
independent investigators.

Artist impresion of the finished development.

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OPERATION JIGSAW ASSESSMENT SUMMARY
Tauranga failed subdivision
10 July 2018
Completed by Suzanne Edmonds

Section A

In June 2016, after a complaint was made to Garry Poole (CEO) by Bella Vista Homes, (BVHs) over a
compliance issue, Garry Poole intervened and a meeting was held at a home at Kennedy Road, Pyes
Pa. Tauranga. Danny Cancian (Director) and Craig Carter (General Manager) met with Mike Trigger
(Development Engineer, contractor to Tauranga City Council, Infrastructure Services) and Laurie
Hubbard (Senior Building Officer) to resolve an urgent issue. From that meeting time, it’s reasonable to
conclude by the documents available, that a change of attitude from within Council began towards
BVHs.

In my opinion it is clear from documents/files available, (DFA) that a negative attitude against BVHs and
Danny Cancian, were becoming a culture, from some, within Council. The documents show a culture
was becoming adverse and personal. BVHs personnel noticed a change of stance towards the
company.

August 2016, a disagreement on a work in progress happened between Mike Trigger, and BVHs,
Danny Cancian. This happened on site at Aneta Way and others present on site were Nigel Mogford
(Team Manager Inspections), Laurie Hubbard, Ian Minnell, (BVH Project manager) Dylan Van Basten
Batenburg (Designer), David Allen (Builder) and Nick Ruby (Laborer).

On 15 September 2016 a “Technical Team Meeting Inspections” was held at 4pm in Meeting Room 1,
Level 6, Tauranga City Council. The Council minutes of this meeting show Team Management alleged
that Mike Trigger had been assaulted, that resulted in chest contusions being caused to Laurie
Hubbard, who also attended the site meeting. It is important to note that the minutes are very detailed
and it’s reasonable to suggest that the victims did not acknowledge, confirm or deny this accusation. It
appears from the detailed minutes both individuals remained silent. It appears from the information OJ
has, that the alleged assault was not reported to Police or through a proper procedures process within
Council. (Council could prove this to be incorrect by accessing internal files) (Even if records report an
assault, this is just the view of one party and still is not evidence of intent or what happened). Patrick
Scholfield (Manager Building Services) was the person in the minutes that alleged the assault occurred
at the team meeting on the 15 September 2016. In the documents avalible, it appears, the day after the
Aneta Way site meeting, in August, Mike Trigger did not mention this in his email to his senior
managers when writing regarding the meeting (witnesses deny an assault occurred and Danny Cancian
denies he assaulted anyone) in the same minutes, serious allegations were made against Danny
Cancian. The detailed minutes state he had a “colorful background”… “A recent criminal record”… “Had
recently been released from prison for murder”… and “was a known violent criminal”.

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OPERATION JIGSAW ASSESSMENT SUMMARY
Tauranga failed subdivision
10 July 2018
Completed by Suzanne Edmonds

Section A Cont;
OJs investigations conclude that Mr Cancian does not have a “recent criminal record” and had not been
“released from prison for murder” and was not a “known violent criminal” and have found this to be false.
(OJ has not done a Police check on Mr Cancian). The allegations against Mr Cancian have since
circulated throughout Council and the community, following this meeting in 2016 and continue to this
date, to be discussed around dinner tables. A copy of those minutes is attached and marked “A”. A
second version which has been significantly altered from the original of the Technical Team Meeting
minutes is attached and marked “B”.

Between August 2016 and December 2016 there are numerous communications between BVHs and
Council regarding the ongoing delays from Council. It is evident that there were an unusual number of
further Requests for Information, particularly on sites that had already had building consents issued by
Council. The usual process is to get Requests for Information between lodging an Application for
Building Consent and the issue of a Building Consent. It is unusual to get anywhere between 20 and
80 further Requests for Information by Council once the Building Consent has been issued. OJs
assessment concludes this to have been deliberately obstructive. (DFA)

The CEO and BVHs management had meetings in late December 2016. Former Senior Building Con-
trol Officer/Supervisor, William Brouwers stated in his affidavit “G” also states that this was used as a
mechanism to increase council revenues. The Council was aware of the serious complaints BVHs were
bringing to the table and notified their insurers. Documents show BVHs and Council had communica-
tions regarding an issue to settle BVHs claims. As in a standard legal position in such instances, Coun-
cil rejected this opportunity and denied responsibility. However a continued commitment of working
smarter and better with BVHs, by agreeing to appoint one inspector to BVHs jobs, namely Mark Bell.
BVHs appointed Cheryl Parker for their communications liaison. It appears it was also around that time
that it was agreed by Garry Poole that Mike Trigger would be removed from any site works involving
BVHs.
The evidence shows that from August 2016, through to February 2017, BVHs business diminished and
was financially adversely affected, due to the ongoing Councils issues/notices, in respect of Lakes
Boulevard and Aneta Way sites. This had a crippling impact on BVHs business and the ability in
continuing business, builds and sales. Council was aware of the financial pressure that their actions
were putting on BVHs because of communications from BVHs. It’s clear that Council staff were
derogatory in-house, regarding the success of BVHs ongoing business. This would most probably be
able to be proven, through the court process, by individual testimony.

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OPERATION JIGSAW ASSESSMENT SUMMARY
Tauranga failed subdivision
10 July 2018
Completed by Suzanne Edmonds

Section A Cont
There are a number of communications regarding BVHs concerns and meeting with Council in an
attempt to improve matters. Following the Christmas period, however the Councils determination to
stand in the way of BVHs production had already caused the Company excessive financial problems.
(DFA)

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OPERATION JIGSAW ASSESSMENT SUMMARY
Tauranga failed subdivision
10 July 2018
Completed by Suzanne Edmonds

Section B
From 1 December 2017 following BVHs being put into liquidation, (30/11/17) in the first week of the
liquidation the Council were in discussions with homeowners regarding the retaining walls and any
other work required to be done on their properties, to obtain a Code Compliance Certificate (CCC). It is
evident from documents that no issues were raised in respect of “shoddy workmanship”. In fact
between December 2017 and 9 March 2018, the homeowners and their new builders carried out work
on these properties, based on the information provided to them by Council. Information available to OJ
is that some homeowners had engaged a professional retaining wall specialist, to start work in respect
of constructing their retaining walls and this was to commence in early to mid-March 2018. (There were
five retaining walls that were the subject of the AECOM report in relation to the safety issues the report
claims. (They were 303a, 305a, 307a, 309a and 311a.) The perception of the community is that all
properties were evacuated because no properties had retaining walls. It’s important to note here that
council used an evacuation notice for cyclone Hola, which would normally have allowed people to
return to their homes once the cyclone passed, to keep them out. The Council continued to keep the
homeowners from returning to their homes based on the AECOM report and the BCD report. Council
stopped the contractors from building the retaining walls that were apparently planned to be started,
two days after the eviction notices were issued.

Retaining Walls
The retaining walls are the subject of conjecture throughout the community. The retaining walls were a
separate contract on the BVHs agreements with homeowners.

The lawyers would have been aware of this in the 21 contract review period, before the clients signed
them. It’s worth noting here that it is highly unlikely that lawyers missed this 21 times. It was up to
homeowners to decide if the builder or independent contractors would erect the retaining walls pre code
of compliance. However at the stage of liquidation the retaining walls were most probably due to be
constructed. It is unreasonable to say that this was neglect from BVHs. It is clearly a byproduct of the
liquidation. eg 311a was not completed and that retaining was most likely to be one of the next jobs to
be done.

Ironically council have recently allowed the owners of 3 Aneta Way to return to their home with the
retaining wall in front of them 311a, still to be completed. The retaining wall at 311a is the most used
photographs in the extensive media coverage. This does not add up with the evacuation emergency
and we are now well into winter. Council has ignored the BECA report opinion that the retaining walls
needed building by winter.

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OPERATION JIGSAW ASSESSMENT SUMMARY
Tauranga failed subdivision
10 July 2018
Completed by Suzanne Edmonds

Council Commissioned Reports

 19 December 2017 BECCA report
Commissioned in December 2017
 9 March 2018 AECOM Report
Commissioned in?? (This info not available)
 9 March 2018.BCD Report
Commissioned in?? (This info not available)
 12 April 2018 Rose McLaughlin Reports
Commissioned in February 2018
 Golder report (Engineers) will not be released by Council.

The ROSE MCLAUGHLAN reports were commissioned for “the purpose of investigation was to
ascertain what work was required to be done on uncompleted buildings in order that the Council would
be able to issue Code Compliance Certificates (CCCs)”. The brief was originally for 17 properties,
however after the BCD report was released, it was extended to include 4 further properties. The reports
are now available for the full failed subdivision (21 properties in total). They are all very similar and
seriously inaccurate. An assessment of 5 Aneta Way is attached “C” as an example. Attached is the
original Rose McLaughlan report of 5 Aneta Way “D”

The BCD report was based on three unfinished builds (303A, 305 and 309A). OJs assessment of this
report shows serious anomalies similar to the Rose McLaughlin reports. OJ concludes this report was
commissioned as a deliberate attempt to fail the subdivision. (DFA) Report attached “E”

The AECOM report is unsafe and tainted in the view of the OJ group and Suzie Edmonds. The
documents available show that the writer, Mike Trigger is not independent to Council and in my view
from the information available there is a clear conflict of interest. Mr Trigger and Mr Cancian were in
obvious conflict (as mentioned above). Mr Trigger, it is reiterated, was removed from working on BVHs
projects. It is also my view that it is impossible for the AECOM report dated 9 March 2018 can be
viewed as independent. This report appears to be in conflict with four other Engineers reports. (DFA)
Report attached “F”

311a retaining wall house in view 3 Aneta Way

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OPERATION JIGSAW ASSESSMENT SUMMARY
Tauranga failed subdivision
10 July 2018
Completed by Suzanne Edmonds

Section B Cont.
OJ concludes, excluding the BECCA report, the 2018 reports (above) were commissioned with malice,
lacked independence and were a deliberate attempt to sabotage the subdivision. With the assessment
on its own merit of the Rose McLaughlin report and the lack of independence of the AECOM report, it is
the view of OJ that Mr Heath was given unsafe information from the 2018 reports that he had to rely on.

Section C
On Friday just prior to releasing the Operation Jigsaw draft assessment, further information came to the
group’s attention. That information cannot be released publicly, at this time, as it has had to be
released to authorities for further investigation. It will be released to the public as soon as practical.

Conclusion (Sections A & B)

OJ concludes that the documents available have shown a deliberate sabotage, maliciousness and un-
professionalism and are major catalysts in the demise of BVHs causing the failed subdivision.

The 2018 reports were very unsafe for the CEO to rely on to evict homeowners and in reality many
homes throughout Tauranga should have been evacuated on the methodology council used with
Cyclone Hola approaching.

Homeowners, contractors, BVHs staff, their families and ratepayers are victims of this calamity. OJ
concludes that the authorities have an integrity issue to investigate and take action against Council
where it is proven that it has conducted itself in causing this crisis. It is unacceptable for any public
office to condone its staff and contractors actions of sabotage that impacts on its community so
severely.

It is unacceptable for any local Council to use its monopoly status and powers to operate with malice
and in doing so sabotage a business. The impact of this has serious repercussions on the community in
terms of providing housing, also in terms of the financial impact on ratepayers and last but not least the
undue effect on people’s health.

END
DISCLAIMER
This report has been prepared by Suzie Edmonds and makes use of council reports and documents and BVH
documents. The content of this document represents the views of Suzie Edmonds based on analysis of the information
available at the time of writing the report.