Key CTV witness refuses to speak

The site manager who oversaw the construction of the failed Canterbury Television building, which collapsed and killed 115 people in last February's Christchurch earthquake, has refused to give evidence at the royal commission hearing which started today.

Gerald Shirtcliff had "ultimate responsibility" of ensuring the six-storey building was built to comply with the drawings and calculations he was given.

The royal commission has traced the former Williams construction manager, who built the building in the eighties, in Australia.

However, they have only been in email contact with him, and he has refused to give his exact location.

Counsel assisting the commission, Stephen Mills QC, said Mr Shirtcliff had been "advised formally" that the Department for Building and Housing (DBH) technical report into the collapse, released earlier this year, has identified significant defects, some of which "may have played a role in the building's collapse."

Mr Shirtcliff had indicated in recent days that he may consider giving evidence via video link, after Mr Mills advised that he might find himself subject of "adverse comment either in hearing, or in coverage of the hearings".

Canterbury Earthquake Royal Commission chairman Justice Mark Cooper said he was "disappointed" with Mr Shirtcliff's stance.

"He hasn't really co-operated with us. If he gets criticised, he only has himself to blame."

The royal commission is looking at how the concrete building failed so catastrophically when the magnitude-6.3 shake struck at 12.51pm on February 22, 2011, killing 115 people.

Dozens of witnesses will be called over the next eight weeks as the royal commission probes the causes of the building failure as a result of the magnitude-6.3 quake.

Earlier today, Mr Mills told the hearing how it could expect to hear differing views from structural engineers over responsibilities for the building design.

A dispute between structural engineer David Harding and his boss at Consulting Engineer, now operating as Alan Reay Consultants, was likely to be heard.

Mr Harding, who was "inexperienced" in designing multi-storey buildings, would refute claims that Dr Alan Reay, principal engineer at his own Christchurch firm, spent just three and-a-half hours working on the design.

The royal commission would not attribute blame for the building's failure and questions of legal liability would not be addressed, Mr Mills said.

But he said that would not rule out any future legal action that may follow in the future.

Witnesses would say the concrete structure collapsed almost immediately, "almost like a controlled demolition".

Later today, survivors of the collapse, who were in the building when it came down, will give evidence.

After the September 4 2010 earthquake, a demolition was carried out on a neighbouring building, which some CTV occupants said was "frightening", as it caused the building to shake felt being in an aftershock.

Mr Mills said the council had granted a demolition permit for the works, while the DBH report concluded that it was unlikely it had played a role in the February collapse.

Before the hearing opened this morning, Justice Cooper made a short address, acknowledging the bereaved family and friends of the victims who were at the hearing today, and also the overseas relatives watching through live web streams.

He expressed his "deepest sympathy" to them.

Justice Cooper also acknowledged the survivors, many of whom were badly injured of that day.

"Many of you have awful memories of that day," he said.

Justice Cooper apologised for what might seem a "cool and dispassionate" process, but said he appreciated the emotional toll it would have on those directly affected.

The royal commission inquiry will report on the causes of building failure as a result of the earthquakes as well as the legal and best-practice requirements for buildings in New Zealand Central Business Districts.

It will look at the permit process, the design and construction phases, a close examination of the code compliance, remedial measures carried out after faults were found in 1990, and the assessment process which started on the building after the September 4 quake.

The royal commission has until November 12 to deliver its final report.

 

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