Bay of Plenty residents plot court battle as their homes declared 'unliveable'

Some Bay of Plenty residents whose homes could soon be deemed unliveable say they'll fight the Whakatane District Council in court if they have to.

The council is taking submissions for a proposed plan change that will mean 18 properties in Matata will have to be vacated.

Most of the rocks, debris, and mud has gone - but 13 years on, some residents are still facing a battle against the council.

"We'll be fighting this to the end, we'll appeal it through the courts. We're not going without a fight," Matata resident Marilyn Pearce told Newshub.

An avalanche of mud buried parts of this coastal town in 2005 after extreme rainfall, destroying 27 homes and damaging a further 80. 

"There is an ongoing risk of future debris flow and the risk is intolerable," Whakatane deputy mayor Judy Turner says.

The council plans to buy out the property owners but it can't foot the bill alone. 

"The cost of that is about $15 million, so that's unaffordable for the ratepayers of the Whakatane District," Ms Turner says.

The Bay of Plenty Regional Council and central Government have been asked to help out - but it's unclear what that might look like.

Local Government Minister Nanaia Mahuta says "it's too early to tell yet".

"Tomorrow there'll be a meeting with officials and regional council, so we're on to it."

The affected homes have already been valued, but residents say they'll lose out. The spokesperson of the residents group - representing two-thirds of the homes - questions how offers can be discussed before securing where the money is coming from.

Twelve property owners are believed to fiercely oppose the councils plan to move them out and are ready to fight it in court.

Newshub.