An Auckland couple, Brendon and Stephanie Deacon, are taking a stand against the city council's decision to refuse a buyout for their flood-damaged home. This story is a testament to the resilience and determination of a family facing an ongoing battle with nature and bureaucracy.
A Flood-Ravaged Home and a Fight for Justice
The Deacons' home, located near the Kumeu River, has become a battleground between their desire for safety and the council's assessment of risk. Despite multiple instances of extreme flooding, including a terrifying kayak escape in 2021 and again in 2023, the council deems their property a low-risk area, thus ineligible for a buyout.
But here's where it gets controversial: the Deacons' home is surrounded by bought-out and removed properties, with nine houses gone on their street alone. Their neighbours have been taken away, leaving them in a vulnerable position.
Brendon Deacon describes the constant reminder of their situation, saying, "You walk out your front door and see the wasteland. There's no getting away from it."
Seeking Fair Treatment and a Judicial Review
The couple has applied for a judicial review at the High Court in Auckland, hoping for a fair assessment of their situation. They argue that their home should have been categorized as a category three buyout, indicating an intolerable risk to life and meeting the buyout criteria.
"We just want to be treated fairly," Brendon Deacon said. "Nothing makes sense as to why we're still there."
The Deacons' lawyer, Grant Shand, believes this case is about more than just one family's struggle. He argues that the council has adopted the wrong process, used incorrect facts, and failed to treat people equally.
"There are probably a lot more people in the same boat as the Deacons," Shand said. "A judicial review can set a precedent and benefit others, rather than a confidential dispute resolution process."
A Community's Struggle and a System's Response
The Auckland Council's $1.2 billion scheme, jointly offered with the government, has bought out over 1200 high-risk homes, with more expected by the end of the year. However, the council's group recovery manager, Mace Ward, acknowledges the challenges and the potential for individual outcomes to fall short of expectations.
"Our priority is to ensure equity when using public funds," Ward said, referring to the agreed government and council risk policies.
As heavy rain is forecast for next week, the Deacon family faces yet another uncertain future. Brendon Deacon expresses his worries, saying, "I'm sitting here a week out, worrying about what's going to happen next week. It's horrible. At times, it's all-consuming."
This story raises important questions about the balance between individual safety and the efficient use of public funds. Should the council's risk assessment process be more flexible to accommodate unique circumstances? How can we ensure fair treatment for all residents facing similar challenges?
What are your thoughts on this complex issue? Feel free to share your opinions and engage in a respectful discussion in the comments below.
