The Tauranga City Failed subdivision, allegedly caused by the Tauranga City Council’s incompetence and malice, has been spun very publicly by Council and media as the “Bella Vista” debacle.

A turn in the spin was noted this week when Mayor Brownless was reported as saying “but Bella Vista homes has to bear some responsibility, not just the council".

Mr Danny Cancian, Director of Bella Vista Homes Ltd, [in liquidation] has often publicly offered to be completely transparent and agreed to take responsibility for any wrongful actions that have been taken.

The Mayor’s statement shows softening of his earlier stance regarding liability. The Council will apparently be taking their action against Mr Cancian directly, not Bella Vista Homes Ltd [in liquidation] as reported.

Council rumours, which were deliberately spread within Council as far back as 2015, were formally confirmed in meeting minutes in September 2016. The rumours infested the council and the community with fake news. As a direct consequence, the Community at large has become ill informed and confused as this fake news has continued to be reported.

It was reported in the Operation Jigsaw assessment, that Bella Vista homes Ltd was run competently. The report identified that it became obvious to Bella Vista Homes Ltd in 2016 that something was wrong in the performance of Council. Discussions, instigated by Bella Vista homes, were to be held at the highest level to resolve the ongoing unreasonable pressure Council was putting on Bella Vista Homes Ltd.

Bella Vista Director Mr Cancian, claims he has been venomously targeted personally and he sees that this is still continuing from the Mayor and CEO down. In this environment he wonders how a case against him could actually succeed an believes it’s a Council publicity stunt using the media to help spread false information.

Mr Cancian believes discussions on Facebook, around dinner tables, and at social and other gatherings, has misconstrued free-speech into hate speeches and defamation.

Mr Cancian has been getting many people coming forward through his Facebook page 'Tauranga City Council Exposed', giving their support and sharing equally dreadful Council experiences of their own. He has offered to help those people expose their cases, but is waiting, in hope, that Bella Vista homeowners can be looked after first.

Speaking from Tauranga today, Mr Cancian said “My much talked about experience in China didn't harden me and turn me into a monster. In fact, it had the opposite effect, and all those close to me, including many former Bella Vista personnel and some staff working in council who know me have confirmed that. For reasons I can only speculate about, some within Council, from the Mayor down, are continuing to manipulate information and defame me, but thankfully, Operation Jigsaw has managed to put all the information into one full story. Sadly, the Operation Jigsaw team, which is made up of and driven by a group of ratepayers and concerned citizens, were refused a platform to deliver the Assessment to Council elected members.

The Heath Report was the beginning of exposure of some of Tauranga City Council’s errors, and this opened the case that started to show the public that the Council were culpable in the failed subdivision.

At the same time commitments were made to negotiate with homeowners. The Operation Jigsaw report showed the 'why' that was missed in the terms of reference for the Heath Report.

The Tauranga City Council has publicly stated that they will be taking action against the Director of Bella Vista, Mr Cancian under the Building Act. The Council are yet to serve Mr Cancian with a summons, and have not indicated which section of the Act the Council intends to use to prosecute and further persecute Mr Cancian..

In Tauranga today, Mr Cancian said “Since the Heath report was released, I have been given confidence I have a water-tight case against Council, and I have begun preparing it. If successful it will cost Tauranga Rate Payers several million dollars, as the claim encompasses many factors.

“On the positive side, if successful, my proposed legal action will see creditors repaid, but I guess we have years of legal hurdles ahead of us before that happens.”

Mr Cancian said the Council will be served by Mr Cancian when the preparations are complete.

“I will be fully prepared when I serve the Council. I wasn't going to release this information at this stage, but since Council has announced to the community, via the media, its plans to sue me, I feel it is important that ratepayers and the community at large know that I have a very big counter claim.

Apart from the potential for additional defamation cases to be taken against individuals within Council, the main claim is expected to be upwards of $20milion.

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