Hawke's Bay residents eye legal action over post-cyclone buyouts

Some locals with Category 3 homes who don't want to move are already considering legal action. (Source: 1News)

Residents in Hawke's Bay living in the region's Category 3 areas are anxiously awaiting news on how their local councils plan to address the ongoing threat of flooding.

Napier and Hastings councils have today voted to adopt the Government's Cyclone Recovery Cost-Sharing Agreement, which includes a voluntary buyout scheme for affected homeowners.

The decision has raised concerns and sparked controversy among residents, with some now considering legal action.

Dave Halpin, a resident of Pakowhai, shared his frustration: "The inconsistency out there is the intolerable part."

Halpin's property falls under Category 3 but his orchard just 10 metres away is in Category 2c.

Category 3 indicates a high flood risk. Despite flood mitigation efforts, the authorities deem the risk too great, leading to the possibility of a forced buyout. Halpin, like many others, has asked for a review of his case, highlighting the lack of clarity in the process.

Dan Gale, residing in Esk Valley, is also grappling with the uncertainty of a Category 3 property designation.

He expressed concerns about what will happen if he turns down a buyout offer, as the council has indicated it might make it untenable for those who choose to stay. Gale emphasised the potential loss of property rights and essential services for those who decide not to participate in the voluntary buyout.

While the Regional Council has received and completed 328 reassessment requests, property owners are still waiting for results.

The council aims to conclude its Category 3 assessments by the end of September, enabling the local councils to initiate the buyout process. However, residents like Halpin and Gale remain sceptical about the fairness of the buyout offers they may receive.

Grant Cameron, a lawyer at GCA Lawyers who visited the region, believes there might be a legal case against the current category system. He argued that, unlike sudden natural disasters like tsunamis or earthquakes, floods provide days of warning — and with effective early flood warnings, it may not be necessary for people to move away.

Cameron emphasised the need for political parties to engage with the community and explore common-sense solutions to the issue.

Cyclone Recovery Minister Grant Robertson maintained that the recovery efforts should be locally led. He clarified that the Government would cover 50% of the costs of voluntary buyouts, but the categorisation work would be carried out by local governments.

Starting tomorrow, residents will learn more about the council's plans for the future.

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