Published 21 September 2021
Sentencing — carrying out building work without consent — Resource Management Act 1991 — Wilson v Fowler HC Auckland AP203/98, 16 March 2009 — Banora v Auckland Council [2019] NZHC 2545 — Abatel Ltd v Waitakere City Council HC Auckland A24/02 5 July 2002 — Auckland Council v Plastertech Systems Ltd [2017] NZDC 21464 — Tasman District Council v Wollenweber [2018] NZDC 24284 — Porirua City Council v Johnston [2011] DCR 511 — The Wanaka Gym Ltd v Queenstown Lakes District Council [2012] NZHC 284. The defendant company appeared for sentence on five charges of carrying out building work without consent. The defendant had bought a piece of land and obtained a resource consent to convert a barn on the property into a yoga and meditation studio. A subsequent inspection by a council officer showed that the defendant had undertaken major unauthorised alterations to other buildings on the property, including installing sanitary features and associated plumbing and the removal of a wall. The Council issued the defendant with a notice to fix the unauthorised works; however an inspection about two weeks after the fixing period expired showed that most of the unauthorised works were still in place. The offending was aggravated by premeditation, potential for harm, installing permanent fixtures without consent, and making alterations on a moderate scale. After assessing comparable cases the Court set a start point for fine of $25,000. With discounts for guilty plea and good conduct, the final fine was $17,500 plus court costs of $130. Judgment Date: 10 March 2021.
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