Substantial fine for building without resource consent

Auckland Council has welcomed an Auckland District Court decision to fine a property owner $30,000 for building a garage without resource consent.

Da Jiang Fan was found guilty by jury on 2 March 2016, for deliberately contravening an abatement notice issued in 2012, for unlawful establishment of a garage at the front of his Onehunga property.

The offending was described by the judge as “the worst of its kind”.

Auckland Council’s General Manager Resource Consents, Ian Smallburn, says the decision reinforces the importance of complying with district plan rules.

“Property owners need to understand that they should check what the relevant rules are before they commence any building or other development work.

“The ongoing effects of people building without resource consent can be significant, and can adversely affect storm water and other environmental outcomes.”

The final sentence imposed by the court was:

• Mr Fan was convicted and fined $30,000, with 90% of the fine ($27,000) payable to Auckland Council.

• The Crown was awarded solicitors’ costs of $2260, and $130 Court costs.

• The Court granted an enforcement order under s339 (5) of the RMA, requiring that Mr Fan remove the garage from its current position and either relocate it in its original location, or demolish it.

Mr Smallburn says the decision serves as a reminder to those wanting build to get in touch with the council before starting work, to see what consents might be required.

“We offer free advice to people who want to find out what rules might apply and whether a resource consent will be required.”

To find out if your project might need a consent, you can visit an Auckland Council service centre to speak with a planner, or call us on (09) 301 0101.

ENDS

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