Mark Cummings had his lawyer file paperwork with the council last month alleging "obvious and fatal oversights" that led to his 15-year-old daughter Jayde dying in an Outram crash on September 17, 2019.
She was the passenger in a ute which went through an intersection and into the vehicle of Steven Macnee, who also died.
The teenage ute driver was granted an absolute discharge in the Youth Court after admitting careless driving causing death.
Mr Cummings’ continued indignation has been based on the fact overgrown foliage likely obscured a stop sign on the approach to the intersection — an issue which was raised by members of the public twice in the lead-up to the accident.
One of the stop signs in Church Rd West was also found after the accident to be undersized, and it was only replaced more than two years later.
"We are confident that a court would find that the DCC’s inaction was outrageous conduct to satisfy the requirements of an exemplary damages claim and would award accordingly," Mr Cummings’ lawyer Tiffany Sauni wrote.
She invited a response from the council within three weeks, and received one with just hours to spare — three lines from Auckland-based insurance-law specialists Fee Langstone.
"We are taking instructions from our client and will respond to your letter as soon as possible," it said.
Mr Cummings took the brevity as "total disrespect".
"I think it’s rude they’ve left it right to the last minute and we get a three-line response," he said.
"They should have compassion dealing with people in these situations. It’s just a joke."
The day after the fatal crash, a report provided to the council highlighted the issue with the vegetation and signage that resulted in remedial work.
Ms Sauni said that was effectively a concession of the council’s "clear failure".
Mr Cummings vowed to take the case as far as he could and if that meant going before a judge, he would.
"There are holes in their systems that have caused two people to die and probably ruined the life of the boy who was driving," he said.
It was not about getting money out of the DCC, Mr Cummings stressed — it was about the principle.
