Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search


Significant fine for unsafe boarding house

Significant fine for unsafe boarding house

Auckland District Court has convicted and fined Mr Colin Marks, owner of a boarding house at 286 Jervois Road, $11060.00, plus court costs, relating to charges under the Building Act 1991 for failing to have a current Building Warrant of Fitness (BWOF).

Mr Marks faced two charges at the court hearing last Friday: Failing to comply with a Notice to Rectify to bring the property up to the required standards of the Building Compliance Schedule for fire safety purposes, and produce a current BWOF. For this he was fined $5,000.00, plus $10.00 per day for the ongoing nature of the offence. Judge Gittos calculated the ongoing offence at 556 days, resulting in an additional $5,560.00 Failing to display a current BWOF. For this he was fined $500.00.

“The successful prosecution by Auckland City Council for breach of the Building Act safety regulations is a stern warning to all commercial property owners,” says Barry Smedts, manager compliance monitoring. “It reinforces the legal obligation of owners to ensure a current Warrant of Fitness is held and adhered to for all commercial buildings and/or places of public assembly.”

“This fine should act as a strong deterrent for all owners of commercial property such as night clubs and bars, boarding houses, restaurants and office buildings,” says Mr Smedts. Under the Building Act (1991) a building is considered unsafe if it does not have a current BWOF. The Act requires owners to renew their warrant annually to indicate that all inspection and maintenance requirements are being met. The BWOF covers building features such as automatic sprinklers and emergency lighting systems, lifts, air conditioning, fire hose reels and fire escapes.

A current building warrant of fitness is required to be publicly displayed in a location in the building to which users of the building have ready access.

The council endeavours to communicate with building owners and help them comply with the Act’s legislative requirements wherever possible. Prosecution is always a last resort, but court action is initiated when property owners threaten public safety through non-compliance.

“The council hopes that this prosecution will serve as a warning to others that safety breaches are taken very seriously by both the council and the court,” says Mr Smedts. “It’s encouraging to see the courts backing our efforts to ensure people are safe in public buildings.”

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines


Wellington: Predator Free Capital Plan

Wellington City Council (WCC), the Greater Wellington Regional Council (GWRC) and NEXT Foundation, today announced a joint collaboration to make Wellington the first Predator Free capital city in the world. More>>


Gordon Campbell: On Judith Collins’ Efforts At Self Correction

Thousands of prisoners currently in prison may be entitled to an earlier release than expected – and compensation – because Corrections has incorrectly calculated their term of imprisonment. Unless of course, the government buries its mistakes by changing the law and retro-actively getting itself off the hook… More>>


More Justice & Corrections

Sector Opposes Bill: Local Government Bill Timeframe Extended

The Minister of Local Government Peseta Sam Lotu-Iiga has asked the Select Committee to extend the report back date for the Local Government Act 2002 Amendment Bill (No 2). More>>


Breed Laws Don’t Work: Vets On New National Dog Control Plan

It is pleasing therefore to see Louise Upston Associate Minister for Local Government calling for a comprehensive solution... However, relying on breed specific laws to manage dog aggression will not work. More>>


Not Waiting On Select Committee: Green Party Releases Medically-Assisted Dying Policy

“Adults with a terminal illness should have the right to choose a medically assisted death,” Green Party health spokesperson Kevin Hague said. “The Green Party does not support extending assisted dying to people who aren't terminally ill because we can’t be confident that this won't further marginalise the lives of people with disabilities." More>>


General Election Review: Changes To Electoral Act Introduced

More effective systems in polling places and earlier counting of advanced votes are on their way through proposed changes to our electoral laws, Justice Minister Amy Adams says. More>>

Get More From Scoop



Search Scoop  
Powered by Vodafone
NZ independent news