Whakatane whānau desperate for solution after renovation delays

Tara Watkins was inspired by Grand Designs when she embarked on a renovation for her Whakatāne home.

But four years on her home is non-compliant, and a notice to fix has been issued by the Whakatāne District Council.

"Really scared, it's a lot of work, a lot of money," she said.

She engaged Jason Pullar, a registered Master Builder and licensed practitioner, to carry out the build in 2019.

However, during an inspection it was discovered that the cladding hadn't been installed to the building consent conditions and needed to be addressed.

Multiple emails later, she laid a complaint in June 2022 which went to a hearing before the Builders Practitioner Board in April this year.

It examined, among other things, whether Pullar had installed the weatherboards to an acceptable standard and in accordance with the building consent.

That consent included the manufacturer's specifications for the product.

Pullar told the hearing he started the installation in a way that was consistent with the manufacturer's instructions, but soon after started to experience issues with cupping.

He claimed he was then told by a building control officer (BCO) "to drill through the top and bottom boards 15-25mm from the lap with an oversized hole on the top board and to then nail through both boards to prevent cupping and splitting".

During the hearing, Pullar was asked why he continued with the weatherboard installation without a formal written directive being issued.

"I did query the inspector, yes, and he told me [to] just do as he says."

The BCO denies giving the verbal directive.

In its decision released in July, the Board found that the weatherboards were not installed as per the manufacturer's specifications, and were therefore non-compliant.

The Board commented that it was unusual for an experienced carpenter to use a method of installation "for reasons other than being told to", but at the same time, "it would be unusual for an instruction of that type to be issued and for it not to be recorded, especially when others were".

It found that "there is insufficient evidence to establish, on the balance of probabilities, that the oral direction was not given", and that Pullar "was not negligent or incompetent as he may have been following a directive issued to him by a person in authority".

While the Board found there was "some evidence of building work that was not carried out to acceptable standard" the conduct was not serious enough to "warrant disciplinary action".

In a statement, Master Builders said the cladding issue should be resolved "by the builder within the timeframe specified by the council" so that Code of Compliance can be achieved.

"Registered Master Builders has communicated this to Jason so he is clear about our position," the statement said.

1News requested an interview with Pullar, who declined but sent through a lengthy statement.

He said, "Whakatāne District Council (WDC) need to work with the homeowner and us to find an agreed pathway forward for CCC to be issued".

"Any remedial work, or methodology to address the cladding issue, will need to involve engagement with WDC's Building and Commercial teams."

He also said he was "keen" to finish Watkins' house, but it's unclear what is required to obtain a Code of Compliance as he maintains that he installed the cladding in accordance with the council officer’s instructions.

"Unfortunately, we experienced an impasse with WDC," he said.

"Once the issue was identified, we did not reach a consensus on an agreed pathway for remediation, and this was largely due to WDC and us working independently of one another to find a resolution."

He said it was difficult to communicate with Watkins once the complaint was laid with the Licensed Building Practitioners Board.

"We experienced difficulties with this project which fell outside of our control, such as incorrect directions given by the BCO regarding installation of the cladding.

"I sympathise with Tara's position. However in my view, WDC caused the issue and failed in the performance of their compliance duties. Consequently, this caused considerable delay and uncertainty with this project."

The Whakatane District Council acknowledged the distress and frustration the delays and issues have caused.

General Manager Development and Environment Services, David Bewley, said this is supported "by the extensions of time we have provided to remedy the cladding compliance issues".

1News asked a number of questions, including Pullar's claim that the notice to fix was wrong, the cladding hadn't been compromised and the Code of Compliance should be issued.

"The BCO identified the incorrect installation of the cladding which was contrary to both the consent conditions and the manufacturer's specifications," he said.

"A representative of the cladding manufacturer inspected the property and confirmed that cladding had been installed outside of the specifications."

A number of extensions were granted before the complaint was laid.

"The complaint was not upheld by the Board (with regard to incompetence or negligence); however this did not remove the requirement for the remedial work to be carried out in order to be issued a CCC," he said.

A notice to fix was issued at the start of September, which required recladding work to be completed within six months of that date.

In a letter to the council just this week, Pullar's lawyer suggested the parties need to meet to find a resolution.

It said it was not in dispute that the cladding was fixed "contrary to the manufacturer's specifications" and that the notice to fix directs "that all weatherboard cladding must be replaced and reinstated in accordance with the buildings consent" by next February.

However, the letter claims the liability from the incorrect installation of the weatherboard cladding "does not lie with Mr Pullar".

The letter goes on to say that the fault lies with the Whakatāne District Council and "is liable to address this issue and identify an appropriate pathway towards obtaining a Code of Compliance Certificate for the property".