Southland man wins access case

In January this year, we ‘blogged’ the story of the Southland District Council’s failure to comply with regulations, in regard to access to the Riverton Focal Point Viewing platform. http://drcsouth.blogspot.com/2008/01/riverton-viewing-platform-fiasco.html.

Peter Dolamore, a qualified Barrier Free Advisor, assessed the platform for accessibility and found it non compliant with the Building Code and yet the Southland District Council had approved Building Consent for the structure. Peter forwarded a full report of his findings to the SDC who argued that they did not have to include access to the top level platform for wheelchair users because the view wasn’t any different up there! Southland DPA members and other disabled people checked out the platform themselves and found that there clearly was a difference.

The Council’s tokenistic response was to issue a notice to fix some of the ‘minor’ problems but flatly refused to admit that they had breached the Building Code by denying wheelchair users access to the top deck.

Peter, with the support of DPA members and other concerned groups and organisations, decided that the only way to resolve the issue was to apply to the Department of Building and Housing for a Determination. Changes to the Building Act in 2004 gave disabled persons the right to apply for a Determination where they believed their access rights had not been respected. Peter is the first disabled person in New Zealand to take a case to Determination according to Alexia Pickering of Accessible Options who says “From the beginning it was important that this one had a positive result.”

We are thrilled to be able to report that the Determination supported Peter’s case and found against the SDC.

The Department found that “the viewing platform as presently constructed does not comply with Clause D1.3.2 of the Building Code” and “the authority’s (SDC) decision to issue a notice to fix that excluded a requirement to provide wheelchair access to the top level of the viewing platform is reversed.”

We can certainly celebrate this victory and congratulations must go to Pete for his dedication in seeing this through. So, we can expect to see ramp access to ALL levels of the Riverton Viewing platform in time for summer? Well perhaps. Apparently the SDC, whilst acknowledging the decision that they were in error for granting the original building consent, are still bleating on about the Determination and, according to the SDC Manager of Building Control, Kevin O’Connor, the Dept of Building and Housing has not adequately grasped that any proposed changes will require a separate building consent!

Could it be that the SDC are worried that ratepayers may ask why this huge stuff up happened in the first place? Who is responsible for this and what action is being taken to ensure this does not happen again? What would happen if Joe Public tried to get a Building Consent for a non compliant building? One would have to wonder if any of the SDC staff involved have even completed a Barrier Free Trust Course?

Questions, answers and comments welcomed...

Mike's Big Day Out

Tuesday 26th August was my big day. I had previously won a prize at DRC’s May Day earlier this year. A ski package at Cardrona Ski Field; a day lift pass, a day adaptive ski hire and a two-hour lesson with a Cardrona ski instructor as well as a volunteer from Snow Sport NZ.

I had to email Lesley Johnson at Cardrona and book in for a days skiing. Our first attempt was the 19th, but due to poor road conditions, we put it off to the next Tuesday at 1pm.
It was a 5.30 start and Debbie was there for my morning cares, breakfast and then out to my sister Clare’s, as she and Roger were taking me up to Cardrona in their four-wheel-drive. 10.30 we were on the Crown Rang and we called Lesley on my mobile, to check out were to park when we got there. 11.00 we were parked at the front doors to the ski hire.

On our way up to Cardrona we met quite a few cars coming down from the ski field which meant that either the snow was bad, or the weather was poor! As we drove closer up the road I started to smile as I knew that there was a white-out, which meant that all the skiers were heading home for the day and I wouldn’t have to wait long to get onto the chairlift, and yes, I was right!!!

We were introduced to Lisa, my ski instructor and Anton, my volunteer for the day. Lisa was from Canada and Anton was French and were both trained on disabled skiing
[Snow Sports NZ], and just how to use a Bi-Ski, my means of transport for the next two hours, Ya Hooooo….!

It took 20 minutes to be all fitted out and strapped-into the Bi-Ski and off we went, man was I on a high, a smile a mile wide that lasted for the rest of the day! A Bi-Ski is a frame similar to a go-cart that has two skis attached underneath and you sit in a bucket seat and have a roll bar at your back. You use two out-riggers, which are little skis on the ends of short elbow crutches. These are used to steer you left by pushing out and down on the left out-rigger and with a bit of speed it turns the Bi-Ski to the left. After a quick lesson on the learners slopes, it was up to the top on MacDougall’s Chairlift, or I think that’s what it said, peering through the haze at the sign? This ride was slow and very cold!

Like all sport, you have a few falls, and I sure had my fair share. I still have two sore ribs. Nevertheless, as Lisa showed me the technique is very similar to skiing using your legs. The trick was the faster you moved the easier it was to turn left, and then right, making big S’s in the snow. I had ten runs from the top to the bottom of the chairlift. On my ninth and tenth runs I had no falls, Yes! Then it was back to my wheelchair parked down in the shed. I had a wonderful day, a dream came true. But boy, were my arms tired and sorrrrrre!!!



With hugs all round, it was time to head home, but I will be back someday for another try.

Many thanks to my carer Debbie, DRC, Libby at SPARC, Lesley, Lisa & Anton at Cardrona,
my sister Clare & Rog, I had a Day of Fun I will Never Forget….

Mike Hamill