25 August 2009

Illegal Buildings Demolished Under Court Order

Papakura District Council has today moved to enforce a court order for the removal of an illegal building in Oakleigh Avenue, Takanini.

Assisted by Papakura Police, Council staff this morning served demolition notices on the company responsible, APD Developments. After giving the owners time to remove any possessions inside the structure, Council’s contractors then demolished the structures and removed the materials.

The structure, at 15 Oakleigh Avenue, was built without consent by APD Developments. Neither the main building nor a range of other structures had a building permit, and no application had been made to Council for any such documentation.

After extensive attempts to secure agreement from the owners to undergo building consent and compliance, Papakura District Council took court action in late 2008 under section 381 of the Building Act.

The case was heard in Auckland District Court and presided over by Judge Whiting who noted there had been “a measure of deliberate defiance” on the part of the defendants and that they had turned away from their responsibilities to the law and to their own people. Representatives of the company named in the action appeared in court, but stated they did not recognise its jurisdiction over the case.

The court ruled that the illegal structure was to be dismantled by the end of January 2009.

A subsequent appeal by APD Developments against the ruling was heard in April and also found in the Council’s favour.

Council staff have since monitored the property and noted no effort was made to remove the structures, and in early August issued APD Developments a notice to remove them. When no response was received, Council staff and contractors took action.

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