Buildings did not have consent
Putting up three sheds without building consent has landed an experienced developer with a costly fine.
Aokautere Land Holdings Ltd, of which Les Fugle is the director, was fined $9000 in Palmerston North District Court on Thursday for the construction of three buildings – a 10-bay shed and two container sheds, each made out of two containers with a covered arch joining them to form a shelter.
Another company, Terra Civil Ltd, had been charged with building one of the container sheds, but Fugle, who had entered an early guilty plea, took responsibility for the offending.
Aokautere Land Holding owns the land, which is being turned into housing, and the Palmerston North City Council had received a complaint about the buildings in February 2021.
Judge Philip Recordon said the three buildings had been constructed without consent.
He said there were no assumptions that the builds were safe as they were erected in a ‘‘high-wind area’’ and parts of the buildings were high and near to the boundary.
‘‘It is halfway between arrogant defiance and innocent oversight given his experience. It is something [Fugle] should have realised he needed to comply with.’’
The sheds were used for storing tools and machinery and no-one lived in them. The buildings did not have power or plumbing.
While the potential for something to happen was not high, there had been no assessment of this, the judge said.
‘‘There is no evidence of it being a problem for public safety, but there is no evidence of it not being a problem either.’’
Defence lawyer Sandy Baigent said Fugle had believed the buildings would have complied because council staff had visited the property previously and there hadn’t been a problem, and because the 10-bay shed had been built by licensed engineers in Hawke’s Bay and shipped to Palmerston North.
‘‘He was wrong about that, he pleaded guilty.’’
Acting for the council, lawyer Nicholas Jessen said the buildings had gone up without the council’s knowledge and it had been naive of Fugle to have done so without consent.
‘‘Particularly for a land developer who should be well aware of his statutory obligations.’’
The issue was about safety and the council needing to ensure the buildings were safe and would not fall down, Jessen said.
‘‘There is no evidence of it being a problem for public safety, but there is no evidence of it not being a problem either.’’
Judge Philip Recordon