HBRC files Statement of Defence

On 28 August 2024 the Hawke’s Bay Regional Council (HBRC) filed and served a Statement of Defence.  The Statement of Defence is a paragraph by paragraph response to the Statement of Claim.  The HBRC is represented by an Auckland law firm, Robertsons, that acts for insurance companies.  In the Statement of Defence the HBRC interestingly admits:

• Flooding occurred in Wairoa on or about 26 June 2024.
• The river swept into about 500 properties and reached as far as four blocks away from its banks.
• Significant technical work was undertaken on flood protection options for the Wairoa Township by the defendant between 1994 – 2000, including assessment of riverbank risks, stop bank options, and river mouth management options.
• None of the hard infrastructure options above were progressed.
• The river mouth has been regularly manually opened since early European settlement.
• The methods of manual bar opening have evolved over that time from human to mechanical, and progressively between 1997-2000 physical infrastructure options for bar management were investigated but eventually discounted due to complexity, cost, and uncertainty as to efficiency.
• In the case of Cyclone Gabrielle, the bar was open in an optimal position, as was the case during Cyclone Bola.
• It admits that its staff members worked closely with one contractor in relation to the Wairoa River mouth, however it says further that other contractors were used for other asset management activities.
• That the bar has been successfully manually opened approximately 20 times ahead of significant storm events.
• It admits a successful bar opening involves a balance of factors which include timing, river flow head and sea conditions.
• Over the weekend of 22 & 23 June 2024 the defendant successfully opened and/or directed the opening of the bars at Nuhaka and Waitahuna so as to minimise flooding risks and says further that the opening of the bars at Nuhaka and Waitahuna differ from the opening of the Wairoa River bar which is more complex.
• In relation to the Wairoa bar, work didn't begin until Tuesday morning (25 June) when the heavy rain had already started, and says further that the work was commissioned on Monday (24 June) when the forecast changed such that the requisite conditions for a successful bar opening might coincide for after that week.
• At the time of the 26 June 2024 flood:

• 1. The bar had not been cut open;
  2. There were no stopbanks or spillways to assist with flood prevention/minimisation;
  3. The river had not been dredged for many years.
• It admits by s126 of the Soil Conservation and Rivers Control Act 1941, it shall be a function of the defendant to minimise and prevent damage within its district by floods and erosion, and that the defendant shall have all such powers, rights, and privileges as may reasonably be necessary or expedient to enable it to carry out its functions, and in particular shall have power to construct, reconstruct, alter, repair, and maintain all such works and do and execute all such other acts and deeds including the breaching of any stop bank as may in the opinion of the Board be necessary...
• It admits that it owed the plaintiffs a duty of reasonable skill and care in accordance with duties imposed by law.
• It admits that it has the powers to manage the River for flood protection purposes as imposed by law.