Following the discovery of unauthorised construction work, Council commenced a prosecution against Wensley Road Developments Ltd, Graham Vercoe, Davis Ogilvie & Partners Ltd, ATC Construction Ltd and Ben Max Contracting Ltd for failure to obtain the required authorisation under the Building Act before works were undertaken to construct 33 retaining walls in 2024.

After the parties admitted their responsibility for the breach, Council agreed to participate in a restorative justice process.

As a result of this process, the parties involved have made a $75,000 financial contribution (total) to Council’s Community Investment Fund and have committed to full compliance with the Building Act 2004 for future projects.

"Council takes compliance with the Building Act seriously," says Mandy Bishop, Head of Regulatory Services.

"While court action is often a last resort, the scale of this breach from professional organisations with full knowledge of regulatory requirements was significant enough to warrant prosecution. We are satisfied with this resolution, which acknowledges the wrongdoing, ensures accountability, and delivers a positive outcome for our community."

Wensley Road Developments has subsequently applied for and received a certificate of acceptance for the retaining walls, confirming the walls have been constructed withappropriate engineering design and supervision. “That does not excuse the breach that occurred on site,” says Mandy.

“Construction may only commence when the correct consents have been applied for and obtained. This restorative justice approach demonstrates Council's commitment to regulatory enforcement while attaining pragmatic solutions that benefit Nelson residents".

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