Builder’s Diary Produced

Press, Volume CIV, Issue 30918, 26 November 1965, Page 3

Builder’s Diary Produced

(N.Z. Press Association) AUCKLAND, Nov. 25. A builder’s diary indicating the dates when initial construction was begun on a Remuera block of flats was produced as evidence during the hearing of a claim for damages in the Supreme Court today.

Robert Terence Kennedy, professor of town planning at the University of Auckland, is claiming £l5OO damages against the Auckland City Council. Professor Kennedy is also seeking an injunction to require the council to enforce the provisions of its operative district scheme.

The claim for damages and the injunction arise from the building of a block of six flats at 267 Victoria avenue, Remuera, adjoining the complainant’s property. The complainant alleges that construction was begun before a building permit had been granted by the council and that the dispensation on density allowed by the council was granted in respect of a different plan from that for the completed building.

He also alleges six instances in which the council has not complied with its code of ordinances and four instances of infringements of its by-laws. On behalf of Professor Kennedy and five other ratepayers living near the flats, the Attorney-General is seeking injunctions against the council and Charles Magnus Lennie, a company director, of Whakatane, who is owner of the flats.

The other complainants seek injunctions to compel the council to observe the requirements of its operative district scheme and to restrain it from waiving the provisions in respect of the block of flats.

They also seek injunctions against Mr Lennie to restrain him from contravening the requirements of the district scheme and to compel him to

restore the land to the condition’ it was in before the construction of the flats. The hearing which began on Tuesday, is before Mr Justice Gresson. The complainants are represented by Mr E. W. Thomas. Mr G. P. Hanna is appearing for the Auckland City Council and Mr L. H. Southwick for Mr Lennie. Frederick Louis Hookway, director of Eastern Builders, Ltd., said the company was employed by Mr Lennie in connexion with the erection of the flats.

He produced a diary in which he said he entered the stage of construction reached at the end of each day. The diary showed that the pouring of the concrete foundations was begun on May 27, he said, and that the first floor was ready to be poured on June 7.

The building permit for the block of flats was granted on May 26. Mr Lennie said in evidence that building was definitely not begun before the permit was granted. The builders were allowed to dig trenches before the permit was granted, he said, but not one ounce of concrete had been poured. His Honour adjourned the hearing until the week beginning December 6 when further legal argument will be heard.