David and Goliath’s battle against the Crown Prince continues over the acquisition of earthquake compensation

Kirk Hargreaves

Redcliffs man Stephen Young’s photo on his property in 2012.

Stephen Young hasn’t given up his David and Goliath-style fight against the crown — despite a lost lawsuit and a $329,000 bill.

A Christchurch man sued the Crown last year because cliff top boulders with reddish spots he bought after earthquakes were falling on his property in Redcliffs below.

His legal case argued that the Crown violated his duty of care as a neighbour, as his inaction caused inconvenience and interfered with his enjoyment of his land.

Young had earlier rejected two government offers in the red zone to buy his land, saying they were too low.

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The two-hectare estate contains his home with guest accommodations and event space, as well as land that was in the process of being subdivided for new homes.

Young’s suit asked the Supreme Court to order the crown to complete remedial work to protect his property from rockfall, or pay $7 million in damages.

The Google

Stephen Young’s property on Main Road, Redcliffs, which has been hit by rockfalls from the Crown owned land above.

The treatment he wanted would have involved 13,600 cubic meters of earthworks, removing 56,800 cubic meters of fallen debris, building a dam 300 meters long and five meters high, and seeking to change the council’s plan to allow the work to be completed.

Judge Rachel Dunningham agreed that the rockslide was a “practical nuisance”. It also agreed that the takeover bid in the red for Crown was low.

However, it said the takeover offer was a reasonable solution to the problem, while Young’s proposed plan for protection was neither practical nor cost-effective.

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The wheels of progress spin frustratingly slowly in the red zone of Christchurch. Frank asks Film, will anything happen? (First published August 2020).

She also indicated that the danger of falling rocks existed before the earthquakes, and that some of the rocks were coming from the cliffs on Young’s land.

“I am satisfied that the Crown, by offering the mixed red zone still open to admission, has fulfilled its obligation to do what is reasonable in all circumstances to remedy this continuing inconvenience,” the judge said.

She suggested that the Crown could increase Young’s takeover bid by adding the accrued interest.

After the unsuccessful lawsuit, Judge Donningham awarded the Crown $329,000 in costs against Young. The bill comes on top of its own court, costs for legal witnesses and experts.

“It is clear that the losing party in the lawsuit must pay the costs of the winning party,” said the judge’s decision on costs. The crown successfully defended the case. He is entitled to costs.”

Young’s attorney, Jay Moss, said Tuesday that they are appealing the lawsuit.

Moss said they hope the Crown will agree not to pursue the costs awarded before hearing the appeal.

Young was also in conflict with the authorities after the Department of Education mistakenly built the main building at Redcliffs School, next to another property he owned, too tall.

Young wanted the ministry to modify the building or purchase his property as he was planning a new home.

But an independent commissioner found last year that the effects of the error on Young’s site were “no more than minor”.

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