Auckland Couple Takes Council to Court Over Flood Buyout Denial

An Auckland couple is pursuing legal action against the Auckland Council following its refusal to buy out their flood-prone property. Brendon and Stephanie Deacon, residents of Huapai, have experienced severe flooding multiple times, including a harrowing escape in a kayak during a storm in January 2023. Their home, located near the main channel of the Kumeu River, is one of the last remaining properties on their street, where many neighbors have already accepted buyouts as part of the $1.2 billion buyout scheme initiated by the council and the government.

Despite the Deacons’ repeated pleas for assistance, the council classified their property as low risk, thus ineligible for a buyout. “You walk out your front door and you see the wasteland and you just get constantly reminded of the situation you’re in,” Brendon Deacon remarked. The couple has since applied to the High Court in Auckland for a judicial review of the council’s decision.

Legal Challenge Against Council’s Criteria

The Deacons are seeking a category three buyout, which indicates intolerable risk to life and qualifies a property for the buyout program. They argue that their property meets these criteria, having suffered severe flooding that prompted them to evacuate. The Auckland Council, however, categorized their home as level one, suggesting a lower risk. Following their application for a buyout under special circumstances, the council again denied their request.

In an effort to bolster their case, the Deacons hired a hydrologist to evaluate their flood risk. The expert’s findings suggested their property warranted a buyout. “It’s pretty obvious where we are, you know, like all our neighbors have been taken away,” Deacon stated. Despite this evidence, the council maintained its stance, leading the couple to consider legal action.

According to Mace Ward, the council’s group recovery manager, this case represents the first judicial review related to the buyouts. He emphasized the council’s commitment to support recovery efforts while adhering to established risk policies. “Our priority is to support recovery in line with agreed government and council risk policies and risk frameworks, which are essential to ensure equity when using public funds,” Ward explained.

Concerns for the Future

The Deacons’ lawyer, Grant Shand, contends that the council adopted an improper process in determining the risk categories. Initially, their property was categorized as three, but this classification changed to one due to a revision in the criteria affecting properties surrounded by bought-out homes. Shand expressed concern that the council’s approach has not treated affected residents equally.

Brendon Deacon articulated the emotional toll this uncertainty has taken on his family. With forecasts of heavy rain in the coming week, he is apprehensive about the potential for further flooding. “Multiple times this year, first thing we do is take the kids to one of the grandparents’ houses,” he said. He also noted that real estate agents refuse to list their property, exacerbating their situation.

As the couple prepares for their court appearance, they hope their case will not only provide a resolution for their own circumstances but also shed light on a broader issue affecting other homeowners in similar situations. The Deacons are determined to fight for what they believe is fair treatment, echoing the struggles of many who have faced the devastating impacts of climate-related disasters.