Buller District Council

Prosecution for unconsented building work

22nd December, 2020

A man will face sentencing in the Westport District Court early next year after entering a guilty plea to a charge of Failure to Comply with a Notice to Fix under the Building Act 2004.

The charge stemmed from building work that was completed in 2019 on a bach situated on unformed legal road in the Fox River area. The work did not have a Building Consent and did not comply with the Building Code.

As a result, the defendant was initially issued by council with a notice to fix. The defendant failed to comply with the notice and was issued with an infringement notice for a $1,000 fine. Further failure to comply with legislation led to council issuing a subsequent notice to fix. When the defendant failed to comply with the further notice to fix, the defendant was charged with Failing to Comply with the Notice to Fix under the Building Act 2004

In Court on Thursday 10 December, the defendant’s legal counsel requested sentencing be deferred to 2021 so that all possible remedial options can be explored. The Court has adjourned the matter to 25 February 2021 for a sentencing date to be allocated.

Failure to comply with a notice to fix is liable on conviction to a fine not exceeding $200,000 and, in the case of a continuing offence, to a further fine not exceeding $20,000 for every day or part of a day during which the offence has continued.


For more information please contact

Sean Judd
Group Manager Regulatory Services


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