The Dunedin City Council needs to improve its systems for
responding to concerns raised about unsafe buildings being
used for accommodation, Otago-Southland region coroner David
Crerar, said following a lengthy inquest into the death of a
Dunedin man who fell from a first-floor doorway.
In his finding on the death of Cleveland Clarke,
Mr Crerar said the council's building inspectorate lacked
robust follow-up procedures and was too under-resourced to be
proactive in its property inspections.
His comments follow his observations of how the council
handled concerns raised with it after Mr Clarke's fall in
2006.
But the council's chief building inspector said he did not
know what more could have been done and was confident the
council handled the case as best it could given the
challenges it faced with the building's owner.
Mr Crerar found that Mr Clarke (46) died as a patient of the
Marne St Hospital in 2007 as a result of head injuries he
received when he fell in September 2006 from inadequately
secured doors at 14 Hope St, Dunedin, which was tenanted by
owner Barry Vuyk for commercial purposes, but used as
residential accommodation.
Mr Clarke was attending a party with friends who lived in the
building, when, looking for a toilet or fresh air, he opened
the doors, which were tied together with a thin strand of
copper wire and gave no indication of the substantial drop
immediately outside, and fell about 4m landing on his head on
to concrete.
The coroner's report recommended the council improved its
building inspection procedures and follow-up systems after it
was revealed during the inquest that people were still living
in the building two and a-half years after Mr Clarke fell.
This was despite Mr Vuyk twice being issued notices from the
council to upgrade the premises or stop it being used as
residential accommodation, being visited by building
inspectors twice and advising the council people were no
longer living there.
Mr Crerar recommended the council enhance its protocols and
procedures to ensure that when concerns were raised immediate
steps could be taken, by inspection, to ensure that premises
were safe and suitable for residential occupation, and that
an appropriate follow-up system was adopted.
He also recommended the council draw to the attention of all
landlords, the dangers of allowing persons to use premises
not designed for residential accommodation.
The council's chief building inspector, Neil MacLeod, said
the council's system for monitoring and following-up notices
issued to building owners had been modified since Mr Clarke's
death.
But he did not believe anything more could be done.
Under the Building Act the obligation lay with building
owners to ensure the building was safe and notify territorial
authorities of any changes of use.
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