Council successful in building prosecutions

Auckland Council has successfully prosecuted five companies under the Building Act for starting building works without building consent, including one which was fined $9,000.

In the Manukau District Court last week, Judge Sharon McAuslan fined Waikato Crane Services Ltd $9,000 for starting building works without building consent on a commercial building site for an office and workshop for cranes.

The building, at Langley Rd, Wiri, was about 75 per cent complete when council officers visited the site in late August.

Judge McAuslan determined the starting point for the offending as $14,000. After allowing a discount for various mitigating features, she fined the company $9,000 and court costs of $130. Auckland Council receives 90 per cent of the fine; the balance going to the courts.

The company said it relied on assurances given by an in-house project manager that proved to be incorrect and unreliable.

Four other companies – including a construction company, a plumber and drainlayer – were also fined between $4,550 and $3,250 – for breaches of the Act.

Auckland Council’s Manager Litigation & Regulatory, Legal Services, James Hassall said the fines imposed send a clear warning to companies and experts that they must ensure that all building work is carried out in accordance the legal obligations and requirements of the Building Act.

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