A couple who fought the Otago Regional Council in the Environment Court for the right to build their dream home at Karitane and won are "pretty broke".
The legal battle with the regional council last year used up the money they had raised to build their house, but Rowen and Brendan Holt say it will not stop them from building their pole house on Stornaway St in Karitane within the four-year term left on their consent.
"The ORC stripped us of all our money and left us with a huge financial burden," Mrs Holt said.
The couple said they faced legal and specialist fees of nearly $100,000 after the regional council took them and the Dunedin City Council to the Environment Court in an effort to prevent the house being built on flood-prone land.
The city council had granted consent for the pole house to be built 3.7m above sea level on a rural-zoned section. However, the regional council appealed the decision on the grounds of the potential damage or loss of life posed by the property's hazards.
The regional council lost the appeal, with the Environment Court decision saying there came a point when a consent authority should not be "paternalistic" and that the design of the house, combined with a deed saying the Holts bear the risk of the property flooding and would not seek flood protection works from the councils, would sufficiently avoid or mitigate adverse effects.
Mrs Holt said this week the couple had struggled since the case, especially since their application for costs was turned down, as the court ruled all parties in the case should bear their own costs.
"We're still paying the lawyer's bill. It's left us pretty broke," Mr Holt said.
The couple had rented out their Warrington home and were trying to sell it.
"We can't afford to live in our own house; we're renting. It completely stripped us. We were verging on bankruptcy."
It had left her feeling very frustrated with the regional council, which had been offered the option to buy the land before the case, Mrs Holt said.
"They could have bought it rather than fighting this silly, trivial battle ... which was a huge waste of time and money for everybody.
"They need to be accountable. They haven't gained anything."
The whole situation had not dissuaded them from building on the site, even with recent natural disasters highlighting the issues with building on flood-prone land, she said.
"Hell, no. I'm more passionate than ever. Natural disasters like that are not specific to one site. I love the site. I fought for it."
They still planned to build the house but it would take longer than they had originally hoped, she said.
Regional council chief executive Graeme Martin said the council had no use for the Stornaway St parcel of land. The council only bought land for a deliberate use and flood-prone land did not fall into that category.
The loss of the case was very disappointing but the council had a responsibility to prevent development in inappropriate circumstances rather than "mop up the tears afterwards", he said.
It had cost the council a "few tens of thousands" to fight the case, not just in legal fees, but staff time and specialist witness fees, he said.
The Holts' case was unusual and an onerous set of conditions had been placed on them for the build to go ahead, he said.
"The decision's been most helpful."
