Breach of building regulations results in convictions

Auckland City has successfully prosecuted Selwyn Mews Ltd, Mark John Screen and Campbell Layne Kells, for breaches of building regulations and court orders, resulting in fines totalling $36,500.

The case related to the development of residential units at 88–92 Selwyn Street Onehunga. Excavation work on the site lead to a subsidence, causing a wall and fence collapse on a neighbouring property.

As a result, Auckland City issued the developers with a notice of breach of the building code, to be rectified under the Building Act 1991. The developers failed to comply with these notices and on 2 May 2002, under the Resource Management Act 1991, the Environment Court issued an enforcement order that required the developer to build a retaining wall. As at 19 August 2002, the developer had failed to comply with the enforcement order.

Council then took a contempt of court proceeding. The Environment Court has ruled that Selwyn Mews Ltd and Mr Screen breached the building code and each received a $2,000 fine plus court costs. Three charges relating to the breach of the enforcement order lead to Selwyn Mews Ltd and Campbell Layne Kells being fined $12,500 each and Mr Screen being fined $7,500.

Warren Adler, Incident Management Auckland City, describes the result as significant. “It clearly tells developers they have to comply with the Building Code and the Resource Management Act to make sure developments are safe.”

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