Property owners fined for 'serious' breaches of RMA, Building Act
Three property owners have been convicted and fined for knowingly allowing unconsented minor dwellings to remain on their Auckland properties for years.
Yuanhua Li, Chao Ma, and Yan Ma were sentenced in Auckland District Court for serious and prolonged breaches of the Resource Management Act and the Building Act, involving unconsented dwellings at properties in Mission Bay and Northcote.
They failed to comply with abatement and enforcement notices, after knowingly allowing unconsented minor dwellings to remain on properties at 2 Prebble Place, Mission Bay and 12 Exmouth Rd, Northcote for over four years.
The properties in question were in residential zones governed by Auckland's Unitary Plan, which sets limits on the number and size of dwellings to ensure liveable, safe environments. The unconsented works breached both zoning limits and minimum dwelling size requirements.
Judge Dickey said the defendants' culpability ranged from moderate to high.
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The unconsented minor dwelling pictured at 12 Exmouth Road, Northcote. (Source: Auckland Council)
"The offending occurred over several years, there were a number of notices, and there was extensive delay in complying. This was serious offending.
"Statutory notices were ignored while rental income was derived from unlawful dwellings. Not only was the Unitary Plan breached, but so was the Building Act, raising concerns about health and safety."
Li was convicted and fined $22,750, Chao Ma $13,000, and Yan Ma $7000.
The court heard that despite being repeatedly notified through abatement and "Notice to Fix" orders from Auckland Council, the defendants failed to remove or legalise the illegal dwellings. Instead, they continued to profit from the properties while disregarding their legal responsibilities.
Council prosecutor John Kang described the defendants' conduct as "cavalier".
"The defendants were given every opportunity to comply but chose not to. Their actions showed a clear disregard for planning and building laws designed to protect communities. A deterrent sentence was warranted."
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Kang also told the Court the defendants were not typical homeowners, but wealthy investors with eight Auckland properties.
"This was commercially motivated offending," he said.
"A moderate fine is unlikely to significantly affect them, but it's important we send a message that compliance is not optional."
Auckland Council's field operations manager David Pawson said the behaviour was "deliberate, unacceptable and will not be tolerated".
"Ignoring legal orders while collecting rental income is not just unfair, it undermines the integrity of the planning system. Auckland Council will prosecute without fear or favour to protect our communities and uphold the law," he said.
Pawson emphasised the importance of following proper processes to ensure buildings are safe, lawful, and respectful of community planning outcomes.
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