Developer weighs his options

The three houses in Totara St, Hastings, which must be removed by January 29. Photo / Paul Taylor

A property developer says he is "not sure" if he will comply with an abatement notice which threatens a $300,000 fine if he fails to remove three houses from a Hastings section within a week.

Relocate Homes NZ owner Shannon Tawhiti sparked an outcry from residents in Totara St, Mahora, last week after he relocated three houses to a 1065sq m section without the required consent. Having three houses on the property meant it did not comply with housing density rules in the Hastings District Council's district plan.

The council this week issued an abatement notice to Mr Tawhiti, which requires the removal of the three houses on the section. The notice must be complied with on or before January 29.

A council spokesman said the maximum penalty for a person failing to comply with an abatement notice was a $300,000 fine and imprisonment for a term not exceeding two years. On conviction, there was a continuing penalty of $10,000 per day the offence continued.

A lesser action would be to issue an infringement notice with a fine of $750.

But asked yesterday if he would remove the houses within the required timeframe, Mr Tawhiti responded: "I'm not sure."

"I could either get compliance, I could move one off to get compliance, or I could move them all off. The neighbours think as soon as I get the abatement notice, I have to take the houses off - that's not true."

He added: "I don't think the people at Totara St quite realise, legally I can subdivide the property into two and put four houses on there."

The council fined Mr Tawhiti's company $300 in October after he moved an ex-state house on to a Joll Rd, Havelock North, section before a consent was granted. Council staff are collating information on all building projects related to the developer.