Local builder and developer Danny Cancian has filed a staggering $45 million lawsuit against Tauranga City Council (TCC), accusing the council of negligence, malicious prosecution, defamation, breach of statutory duty, and misfeasance in public office. The lawsuit, born out of the Bella Vista Homes (BVHL) controversy, paints a harrowing picture of a man battling not just for justice, but to clear his name after years of being vilified by those meant to uphold the law.

Negligence: Inspections That Never Measured Up

At the heart of Cancian’s lawsuit is the allegation that TCC failed to perform its most basic duty under the Building Act 2004: ensuring that inspections were done thoroughly and accurately. Instead of addressing their own shortcomings, Cancian claims the council shifted the blame to him, turning his life and career into collateral damage.

“The Bella Vista Homes debacle highlights TCC’s failures to conduct proper inspections,” Cancian said. “They didn’t do their job, and I was the one who paid the price.”

Malicious Prosecution: A Fight Against Falsehoods

Out of 50 charges laid against Cancian, only two resulted in convictions—convictions he vehemently disputes.

The first conviction involved a foundation that Cancian says he had no involvement with, as evidence now shows another licensed building practitioner and project manager were responsible for.

The second conviction, involving weatherboards and nails at 5 Aneta Way, is even more troubling. Cancian claims TCC and its legal team misled the court by presenting a ClayMark technical manual as part of the building consent documents. Cancian has since discovered that the document was created 14 months after the work was completed, making its inclusion in court evidence not only misleading but utterly false.

“This document was fabricated after the fact,” Cancian said. “The prosecution’s failure to authenticate it was a breach of their duty. How could I defend myself when the evidence against me wasn’t even real?”

Cancian also criticized TCC’s legal team, including lawyer Richard Marchant, for failing to meet the rules of conduct required of prosecutors. “They didn’t follow the rules. They didn’t authenticate the evidence. They just threw it into the courtroom to sink me,” Cancian said.

Defamation: A Career in Ruins

Cancian says TCC’s actions have destroyed his reputation and livelihood. By prosecuting him for allegedly building “dangerous and affected” homes, TCC painted him as a reckless and irresponsible builder. However, reports from MBIE, OPUS, and Beca have since revealed that the buildings were not dangerous under the Building Act.

“TCC labelled me a reckless builder, but the evidence proves otherwise,” Cancian said, his voice heavy with the weight of lost years and opportunities. “They ruined my name and my career for nothing.”

Breach of Statutory Duty: The Double Standard.

Cancian also accuses TCC of failing its duty under the law by approving work that wasn’t code-compliant, only to turn around and prosecute him for the same mistakes.

“How is it fair that TCC didn’t do their inspections properly, passed the work, and then blamed me for it?” Cancian asked. “The contractors who actually did the work were never held accountable. Instead, they were used as witnesses against me.”

Misfeasance in Public Office: Hiding the Truth

The most damning accusation is that TCC engaged in deliberate misconduct. Central to this claim is the Colgan Report, an internal investigation that reportedly outlines the council’s failures. Despite repeated requests, the report remains hidden, protected by TCC.

Cancian recalls a judge’s comment during his trial, describing the Colgan Report as “not good reading for Tauranga City Council.”........ “TCC staff lied, they manipulated evidence, and they’re hiding the truth,”

Cancian said. “This report could vindicate me, but they won’t let it see the light of day.”

A Battle for Justice

For Cancian, this lawsuit is about more than money—it’s about reclaiming his reputation and exposing the systemic failures that led to his suffering.

“It’s hard to fathom how a council can prosecute someone who didn’t even do the work while shielding the contractors who were actually responsible,” Cancian said. “I’ve lost my career, my reputation, and years of my life. All I want is the truth to come out.”

This high-profile case not only raises serious questions about TCC’s practices but also shines a spotlight on the often-overlooked struggles of individuals fighting against powerful institutions. Tauranga City Council has yet to respond to the allegations, but the stakes couldn’t be higher—for both Cancian and the council.

As the legal battle unfolds, the nation will watch closely to see if justice will finally prevail for the man who claims he was wrongfully targeted by those tasked with upholding the law.

© Scoop Media