Seventeen travellers from overseas were sleeping in areas of a Wanaka property ruled off-limits by a Dangerous Building Notice issued almost seven weeks earlier, the Queenstown District Court heard yesterday.
Nine charges have been brought by the council against Wanaka Gym under the Building Act, and director Fiona Caroline Graham, of Wanaka, faces five charges.
Seven of the 11 bedrooms in the prohibited area at 155 Tenby St were being used for living and sleeping in, Lakes Environmental building officer Alexander Russell, of Wanaka, and Lakes Environmental compliance manager Tim Francis individually told the court.
"This was obvious by the state of the rooms," Mr Francis said.
Two Swedish guests informed the officers they were not told the sleeping area was not dangerous or that they could not use it when they arrived on July 1, 2008.
Judge David Holderness heard evidence from the Queenstown Lakes District Council officers about their visit to the property owned by Wanaka Gym Ltd to check whether the Dangerous Building Notice and Notice To Fix were being complied with, on August 11, 2008.
The officers were told by caretaker Terezie Pragrova there were 20 independent travellers at the property but later changed that to 19, the two council officers told the court.
Ms Pragrova told them guests had been using the area during the day.
Photographs taken by the officers depicted bedding, clothing and personal items in the rooms of the former joinery factory and commercial gym.
The cross-examination of Mr Russell dominated most of the third day of a defence against nine charges brought by the council under the Building Act against Wanaka Gym and five charges against director Fiona Caroline Graham, of Wanaka.
Mr Russell said they noted several breaches of the Notice to Fix. A fire exit door still incorrectly swung out of the "Green Room", the exit door platform was not slip-resistant and exit signs were substandard.
The passageway wall did not have 400mm clearance from the beam above. The "lounge", used for sleeping when rooms were full, contained a log burner with the flue going through the windcloth on the ceiling.
Graham's counsel, David More, of Dunedin, said he found it surprising that Mr Russell was concerned enough about ceiling material as a fire danger to warrant a Dangerous Building Notice, but he could not recall seeing the material on previous occasions.
Mr More suggested Mr Russell was "looking for anything to hammer Dr Graham with" during his earlier inspection with Lakes Environmental building manager Peter Laurenson on June 10, 2008, two days before a judicial settlement conference involving the defendant.
Mr Russell said people's safety was his first concern.
"If that place had gone on fire and I knew all those things were wrong, I'd have felt bad . . . we were hoping there wasn't anything [non-compliant] but it wasn't to be."
Mr More said the council's Notice to Fix did not detail which fire door swung in the wrong direction and now it was one of the prosecutions against Wanaka Gym.
"The council has been obstructive to Dr Graham every time she wanted information to rectify problems. She's not told what to do."
Mr Russell said: "I beg to differ on that."
Mr Russell, who has 49 years' experience in the building trade, said the construction of the unconsented mezzanine sleeping area was "bad - just dangerous."
There was a difference of opinion on whether building paper remained in the ceiling, which may or may not have been a fire hazard regardless of the removal of windbreak cloth and insulation.
There was more debate about how clear the 400mm gap was between partitions and the ceiling, as required by the building consent to alert other occupants to a fire by the flow of smoke and noise.
Answering council solicitor Richard Cunliffe, Mr Russell said additional walls and doors to the property that had consent subject to a specified floor plan and approved fire report could detrimentally affect the means of escape in the event of a fire.
The hearing continues today.
