Jail for illegal property development

Illegal development of a property has led to eight weeks in jail for a Coromandel Peninsula man who becomes only the fourth person in New Zealand to be prosecuted and jailed under the Resource Management Act (RMA).

 

The man pleaded guilty in the Environment Court in Auckland to charges laid by the Thames-Coromandel District Council (TCDC) for breaches of the RMA. He had developed his property without required resource consents and had failed to comply with council officers’ requests to rectify the situation.

 

Council staff obtained a search warrant and entered the property in September 2006 from which four charges relating to eight buildings were laid with the courts. The owner had been illegally renting out some of the buildings on his property for financial gain.

 

In sentencing, Judge Newhook noted the financial gain that the defendant had obtained from illegally renting out some of the buildings and the defendants guilty plea. The longest jail sentence imposed for RMA offences is 12 weeks.

 

Group Manager, Environmental Services Sam Napia said that while prosecutions are less common under the RMA, it was a tool that has been used in ensuring the environment is protected and that the rules are complied with.

 

Under TCDC Enforcement Policy, all but the most serious of offenders is given a chance to put the situation right prior to council staff taking formal enforcement action.

 

“The result in this case sends the strongest message yet that people must follow the requirements of the RMA and the District Plan.

 

“It is critical that people investigate the rules that apply to their land, because we have seen that ignorance is not a defence that will stand up in a court of law. The council provides a free duty planner service that allows people to discuss their situation and to get some advice about the rules,” Mr Napia said.

 

The property has since been sold at mortgagee sale and outstanding rates have been collected from the proceeds of that sale.

 

Council staff are working with the new owners to ensure the site complies with all legal requirements and that all illegal buildings are removed.