15 November 2007

No consents or compliance cost shed-builder $3500

Rodney District Council has successfully prosecuted a Huapai man who built a large shed-type barn without getting a building consent and who then failed to comply with a notice to fix the illegal works once they were discovered.

The court ruled that 90 per cent of the $3500 fine should be paid to the council.

The North Shore Court heard recently that the size of the new building, which was being built over an existing small shed, was substantially bigger than the original and required a building consent.

When the matter was brought to the man’s attention he failed to stop building and was issued with a Notice To Fix.

The prosecutions were brought under the Building Act 2004. The man was fined $1500 for the failure to obtain a Building Consent and $2000 for failure to comply with a Notice To Fix.

The judge noted that, had the man “simply stopped when he was told to and put things right, he may not have been in Court at all”

The council’s Director of Customer Services, Geoff Mears, says the prosecution is evidence of the council’s commitment to enforce legislation it has a responsibility to administer.

“We don’t prosecute lightly, but where appropriate – as in this case – we will enforce the law,” says Mr Mears.

“In this case the person had ample chance to put things right and to remedy the situation when issued with a Notice To Fix. His failure to do so resulted in our successful court action and a cost to him of fines totalling $3500.”

Mr Mears says the council is prepared to be even-handed and reasonable and, where appropriate, give people the opportunity to comply with council’s requirements.

“But where we have someone deliberately flouting the law and council’s attempts to enforce it we will act, as this case has demonstrated.”

Mr Mears says it is unfair on the 99 per cent of people who obey the rules and apply for the relevant consents, for others to get away without doing the same.

ENDS

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