Some of the people in the CTV building that collapsed - lived for up to 12 hours still alive after it collapsed and were not rescued.  It collapsed like a leak of cards so that someone on the top 5th floor could walk out onto the pavement at ground level.

Coroner promises answers for death queries

BEN HEATHER Last updated 08:02 08/03/2012

DEAN KOZANIC/Fairfax NZ
DEVASTATED: Alec Cvetanov, whose wife died in the CTV building, with lawyer Nigel Hampton at Tuesday's royal commission hearing.

 DR TAMARA CVETANOVA: Trapped 12 hours before her death.

Chief coroner Judge Neil MacLean has given an assurance that remaining questions about Christchurch earthquake deaths will be addressed when the coronial inquest resumes.

His statement comes after the Canterbury earthquakes royal commission declined to investigate the rescue bid for Dr Tamara Cvetanova and four Filipino women who died after being trapped in the CTV building for more than 12 hours after it collapsed.

The decision was in response to an application from Cvetanova's husband, Srecko "Alec" Cvetanov, who wanted the commission to expand its inquiry to include what he claimed were "inept and inadequate or inappropriate" efforts to save the women.

Cvetanova phoned emergency services and her husband several times from within the collapsed building, with her last conversation taking place more than 12 hours after the February 2011 quake.

She had not suffered any serious injuries in the initial collapse, Cvetanov said.

Commission chairman Justice Mark Cooper said in a decision yesterday that the search and rescue efforts were outside the commission's terms of reference set by the Government, and the commission focused solely on building failure in Christchurch's February 2011 quake.

"What Mr Cvetanov wishes to pursue before the royal commission is an argument that Dr Cvetanova died not as a result of the earthquake, nor the collapse of the CTV building, but as a result of inadequacies of the search and rescue effort. Putting the matter in that way immediately points out the difficulty."

Cooper said the decision would clear the way for a coroner's inquest.

Today MacLean said sitting coroner Gordon Matenga would decide on the most appropriate actions to address remaining issues, including the response of emergency services.

Any remaining questions surrounding the deaths could, and would be, addressed when the coronial inquest resumed.

"We know that for some families there are issues that haven't been covered to date," MacLean said.

"Coroners are independent judicial officers and have ample powers to request any relevant reports to be presented and to summon any witnesses to attend an inquest as required."

Wide ranging powers set out in the Coroners Act were not subject to any terms of reference. If necessary a specialist adviser or counsel could be appointed to assist the coroner.

A date for the resumption of the inquest was expected after the royal commission concluded.

WIDOWER STILL SEEKING REVIEW

Cvetanov says he will continue to seek a Government review of rescue efforts after his initial plea was rejected.

His lawyer, Nigel Hampton, QC, said the decision was disappointing but not surprising, given the restrictions imposed on the commission by the Government.

Hampton said he would push the Government to change the commission's terms of reference or establish a separate inquiry.

A coroner's inquest would be too restrictive to properly scrutinise the search and rescue efforts, and any decision would be more easily ignored by the Government, he said.


"I have seen so many times the recommendations of coroners going unheard, but it is a brave government that ignores a royal commission finding."

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