Latest news with #BuildingAct
1News
16-06-2025
- 1News
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. ADVERTISEMENT 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." ADVERTISEMENT The morning's headlines in 90 seconds, including a push to lift our superannuation age, rising Middle East tensions, and Auckland's amateur footballers face off against global giants. (Source: 1News) 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.
The Age
15-06-2025
- Business
- The Age
Building surveyors bypassing tougher Victorian licensing with WA loophole
Half of new Victorian building surveyors are using a loophole to bypass years of training and become qualified interstate, prompting fears poorly qualified workers are being tasked to catch out unsafe buildings. Victorian Building Authority data shows that a massive share of the state's surveyors are no longer being registered through the state's own system, where requirements were recently tightened. In the 2024-25 financial year, there were 204 registrations for building surveyors in Victoria. Of these, 123 came from mutual recognition in Western Australia, meaning that state accounted for 60 per cent of all new surveyors registered in Victoria. The figures represent a stark increase from the three surveyors given registrations via WA between 2016 and 2023. Just 59 surveyors have been registered under the Building Act this financial year, meaning they passed Victoria's local requirements to earn their title. Similar figures were recorded in the 2023-24 financial year, when WA's mutual recognition system provided 48 of the state's 108 new surveyors. Publicly available documents assessed by The Age also show the majority of the nearly 180 surveyors who are registered on both states' databases provide a Victorian address with their WA registration, suggesting they do not live there. Almost all of these interstate registrations were given the title of 'building surveyor – unlimited', which allows them to sign off on almost any type of building work.
Scoop
15-06-2025
- Scoop
Experienced Property Owners Convicted For Persistent RMA Breaches Across Auckland Homes
Three property owners have been convicted and fined in the Auckland District Court for serious and prolonged breaches of the Resource Management Act and the Building Act involving unconsented dwellings at two Auckland addresses, one in Mission Bay, the other in Northcote. Yuanhua Li, Chao Ma, and Yan Ma were sentenced by Judge Dickey for their failure to comply with abatement and enforcement notices, after knowingly allowing unconsented minor dwellings to remain on their properties at 2 Prebble Place, Mission Bay and 12 Exmouth Road, Northcote for over four years. Judge Dickey said the defendants' culpability ranged from moderate to high. '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.' Ms Li was convicted and fined $22,750, Mr Chao Ma $13,000, and Mr Yan Ma $7,000. 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.' Mr 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.' The properties in question are in residential zones governed by Auckland's Unitary Plan, which sets clear 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. David Pawson, Auckland Council's Field Operations Manager, said the case is a reminder the council will hold property owners accountable. 'This kind of behaviour is 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.' Mr Pawson also emphasised the importance of following proper processes to ensure buildings are safe, lawful, and respectful of community planning outcomes. This prosecution reinforces Auckland Council's commitment to enforcing the Unitary Plan and the Building Act to maintain safe, sustainable development throughout the city.
Scoop
13-06-2025
- Business
- Scoop
Supercharging Residential Solar Power Generation
Minister for Energy Hon Chris Penk Minister for Building and Construction The Government is expanding the permitted voltage range for electricity networks, so Kiwis with solar panels can send more power back to the grid. Changes are being made to clarify that a building consent is not needed to install rooftop solar panels on existing buildings. Councils will be required to process building consents for new homes with solar panels within 10 working days, down from the standard 20 working days. Common sense changes in the energy and building consent systems will drive greater residential solar uptake in New Zealand, Energy Minister Simon Watts and Building and Construction Minister Chris Penk say. 'New Zealand's residential uptake of rooftop solar is lower than many other countries. This Government wants to change that so more Kiwis can generate, store, and send their own electricity back to the market. This will allow them to save on their power bills and contribute to a more secure electricity system,' Mr Watts says. 'Rooftop solar will play a crucial role in supporting energy security and reducing emissions. But our networks need to be able to better support the growing flow of electricity from consumers, while also dealing with growing demand for more electric vehicle charging. 'That's why we are expanding the voltage range from +/- 6 percent to +/- 10 percent to manage the changing flow of electricity from rooftop solar and EV charging. This will future proof our electricity system and help electrify the economy. 'Modelling suggests this change could boost solar investment and overall generation by a whopping 507 GWh through increased solar connections. This is great for the security of our energy supply.' Mr Penk says the building consent system can help accelerate the shift towards renewable energy. 'We need the right incentives in place to make rooftop solar a realistic option for Kiwis. 'The Government is focused on getting people into safe, affordable homes faster – and we want those homes to be sustainable and future-ready. 'With the energy system preparing for a surge in residential solar, the consenting process needs to play its part to support the transition. 'We are proposing changes to the Building Act, that will make it clear that a building consent is not needed to install rooftop solar panels on existing buildings. 'Right now, decision-making is inconsistent between councils – creating unnecessary barriers for homeowners who want to take responsibility for their environmental impact and make sustainable choices. "As a further incentive, we are also proposing that Kiwis who choose to include solar panels in the design of new homes will have their entire building consent fast-tracked and processed in 10 working days instead of the standard 20 working days, saving Kiwis around $400 a day in time and consenting costs.' 'Delivering the best outcomes for New Zealanders is incredibly important to Minister Penk and me. Expanding the voltage range could help avoid hundreds of millions of dollars in infrastructure upgrade costs to accommodate rooftop solar and EV charging being passed on to Kiwi households,' Mr Watts says. 'Combined, these common-sense and cost-effective changes will boost the resilience of New Zealand's electricity supply, make it easier and cheaper for Kiwis to build sustainable homes, and spur New Zealand's residential solar market into the future.' Notes: New Zealand appliance standards have aligned with international +/-10% voltage requirements since the 1980s, meaning compliant appliances should already operate safely within the new voltage range. Consumers using older devices that don't meet New Zealand or international appliance standards may use a surge protector, but consistent high-end voltage delivery is unlikely. The expert modelling referred to in this release was prepared by grid connection specialists, ASNA.
1News
09-06-2025
- 1News
Fourth person charged with manslaughter over Loafers Lodge fire
A fourth person has been charged with manslaughter over the Loafers Lodge fire that killed five people in Wellington in 2023. Three people were charged with manslaughter last week following a two-year investigation into whether the state of the building and the management and compliance of its fire safety systems contributed to the fatal outcome. Michael Wahrlich, Melvin Parun, Peter O'Sullivan, Kenneth Barnard and Liam Hockings died in the blaze that began shortly after midnight on May 16, 2023. A 72-year-old man is set to appear in Wellington District Court on Monday. Last week, two men aged 75 and 58, and a 70-year-old woman appeared in the Wellington District Court facing manslaughter charges. ADVERTISEMENT Detective Sergeant Olivia Meares said police allege all four were responsible for aspects of the building's fire safety systems. A 50-year-old man had previously been charged with murder in relation to deliberately lighting the fire. A trial is scheduled to start before the Wellington High Court on August 25. The fire broke out at the Loafers Lodge, in Newtown, early this morning. (Source: Breakfast) Police, Fire and Emergency NZ and the Ministry of Business, Innovation and Employment reminded those who owned or managed buildings, particularly buildings with sleeping accommodation, of their responsibility to ensure occupants were protected from fire. These included ensuring the necessary evacuation procedures were in place, with an approved evacuation scheme if it was a "relevant building", and ensuring the means of escape from fire were maintained. "Where applicable, ensure you understand the maintenance requirements for the specified systems outlined in your building's compliance schedule as required under the Building Act. Particularly those relating to the building emergency warning system or fire alarm." Those who owned a tenanted residential property should ensure fire safety obligations under the Residential Tenancies Act 1986 were met.
