The Auckland District Court recently delivered a decisive ruling, finding the Samoan Congregational Christian Church of New Zealand Māngere Trust and its representative, Sean Palala, guilty on all charges in a long-running prosecution concerning the unlawful construction and use of a church and community centre at 59 McKenzie Road, Māngere.

This verdict follows two separate prosecutions over recent years, culminating in 15 guilty verdicts across multiple breaches of the Building Act 2004 and Resource Management Act 1991.

The court imposed a fine on the Samoan Congregational Christian Church of New Zealand Māngere Trust:

• $20,000 for the initial offending (1 x breach of abatement and 1 x breach of notice to fix)

• $36,700 for the further offending (4 x breach of enforcement order and 2 x breach of dangerous building notice)

• Ordered to pay $25,300 reparation to Auckland Council for hoarding costs.

Palala was convicted on all charges and sentenced to 400 hours community work and fined $7,000 for his offending.

The case revolved around the unauthorised construction of the church and community centre without the necessary building and resource consents.

Despite clear enforcement actions by Auckland Council, the Trust and Mr Palala repeatedly failed to comply with statutory notices, court orders and legal requirements.

Guilty verdicts in two prosecutions

In the initial prosecution, the Trust was found guilty of failing to comply with a Notice to Fix issued under the Building Act 2004 and failing to comply with an Abatement Notice issued under the Resource Management Act 1991. Mr Palala was also found guilty of failing to comply with a Notice to Fix.

The notice required the removal of unauthorised building work or alternative measures to be taken to ensure compliance with the law.

In the second prosecution, 12 additional charges were laid, including violations of an enforcement order issued by the Auckland District Court.

The Court found the Trust had continued using the church building in direct contravention of the interim enforcement order prohibiting its use from 2 May 2023 onward. The Court determined that gatherings had continued on multiple occasions, despite a dangerous building notice also restricting access to the building.

The Council’s submissions

At sentencing, Council’s Head of Prosecutions, John Kang, told the Court the breaches of the Court’s enforcement order were “highly deliberate”, having been committed while the defendants were awaiting sentence for the earlier offending.

Kang further stated that, “despite being personally warned by the Chief Environment Court Judge and served with the enforcement order on two separate occasions, Mr Palala went on to breach the interim enforcement order on at least four occasions.

Furthermore, a copy of the dangerous building notice remained affixed to the front window by the main entrance to the church building throughout the entire duration of the offending.”

The Judge’s findings

In delivering his decision, Judge Kirkpatrick found the prosecution’s case had been proven beyond reasonable doubt. He stated:

“Having heard the evidence presented by the council and in the absence of any challenge to that evidence, I accept the submission of the prosecutor that the charges are proved beyond reasonable doubt.

“I find the Samoan Congregational Christian Church of New Zealand Māngere Trust and Sean Palala both guilty of the charges they face.”

The Judge emphasised the repetition of offending by the defendants was a “seriously aggravating factor” with no evidence that any steps had been taken either to fix or demolish the building.

Significance of the case

The case highlights the importance of compliance with the Building and Resource Management Acts to ensure public safety. The repeated breaches and continued use of an unsafe structure posed significant risks, reinforcing the need for enforcement actions against non-compliance.

Auckland Council repeated its commitment to uphold the law and ensure all structures meet necessary safety and planning regulations.

David Pawson, Field Operations Manager for Licensing and Compliance at Auckland Council said this verdict sends a strong message that ignoring enforcement orders and continuing to use unsafe buildings will not be tolerated.

“Compliance with building and resource consent laws is essential for the safety of our communities.”

The council will continue monitoring compliance with legal requirements across Auckland to prevent similar breaches in the future.

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