Insurance delays hold up building repairs

Insurance problems are behind delayed repairs to the front of King Edward Court, five months on...
Insurance problems are behind delayed repairs to the front of King Edward Court, five months on from a spectacular truck crash. PHOTO: GERARD O'BRIEN
Repairs to a prominent Dunedin heritage building damaged by an out-of-control truck have been stalled for months by insurance delays.

Sections of a solid fence at the front of King Edward Court were demolished when an Intergroup truck careened down Stuart St on April 13, rolled and came to rest at the front of the building.

The fence, the truck and two parked cars were all damaged, but the only injuries were to the driver - a man in his 40s, who was taken to hospital with moderate injuries.

His actions were praised at the time, but more than five months on from the accident there remained no sign of repairs to the front of the category 1-listed heritage building.

Building manager Roberta Coutts would not discuss the hold-up, or pass on contact details for the building's owners, who are overseas, when contacted by the Otago Daily Times.

However, Bryce McLean, an insurance broker acting for Intergroup, confirmed the truck company's insurer, NZI, would not cover the cost of the damage.

That was because a police investigation had found no negligence on the part of either the truck company or its driver, whose actions were praised after the incident.

"The police had the truck impounded for a month and they went over it with a fine-toothed comb. At the end of a full investigation into the truck, they found there was no defects at all - it was fully warranted, compliant, everything about the truck was spot-on.

"The law says that you are not liable for any damage you do if your vehicle or yourself is the subject of a pure, unintended mechanical failure or accident.

"The legal term is `the losses lie where they fall'."

Mr McLean said he did not know if the building was insured, but understood Ms Coutts was in contact with Intergroup to discuss an alternative solution.

"Whatever the delay is will be a matter between the building owners and their insurers."

A police spokeswoman confirmed in June, following an investigation by its commercial vehicle safety team, no charges would follow.

The driver was issued with a written traffic warning at the time, but police would not say why, when asked last week.

Instead, Sergeant Andrew Savage, of the commercial vehicle safety team, said police had to be "confident of the causative factors surrounding crashes" when determining fault.

"This was a particularly challenging set of circumstances and conclusively attributing driver or vehicle fault to the cause of this crash could not be reached," he said.

The Intergroup truck had been working for Downer, a contractor for the Dunedin City Council, when the accident occurred.

A health and safety incident report had been prepared, but the council was not able to release a copy despite ODT requests in recent weeks.

The building, formerly the home of King Edward Technical College, marked its centenary in 2013, but remains home to a wide variety of sports clubs, small businesses and community groups.

It is owned by Ray and Gwynn Joseph, who now live in the United States, but was identified as in need of investment by Glen Hazelton, the former DCC heritage policy planner, during a heritage talk last month.

It is understood the building underwent a seismic assessment in 2013, funded in part by a Dunedin Heritage Fund grant, but neither the council nor the Dunedin Heritage Fund hold a copy.

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NZI. Cooperative and community conscious.

 

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