Illegal works prove costly

Illegal earthworks that led to Paihia's main water supply being cut and caused homes to be evacuated has cost two men more than $115,000.
Property owner Richard Gary Quinn and builder Henry Nissen admitted charges brought by the Far North District Council after they carried out earthworks on Quinn's Moana Ave property at Paihia in June without resource and building consents.
The illegal earthworks led to the major pipeline supplying water to Paihia being cut for several hours and their actions have been described as cavalier by the Environment Court judge who heard the case.
As well, the council had to exercise its emergency powers under the Building Act and arrange for emergency repairs. Emergency services were required and some residents had to be evacuated.
The pair were charged under the Resource Management Act and pleaded guilty in August, but sentencing was adjourned until this month.
Environment Court Judge Lawrence Newhook said the offences justified a starting point for a fine of $25,000 each, but he agreed to give both men a 50 percent discount for their guilty pleas, meaning each was fined $12,500.
The council will receive 90 percent of the total $25,000 fines.
Quinn and Nissen had earlier agreed to pay $45,000 each in reparation to the council.
Judge Newhook said Quinn hired Nissen to build a retaining wall at his property but did not get a resource consent.
The face of the retaining wall was unsupported and it collapsed on to the water pipes, causing water to flow on to neighbouring properties and roads.
Ironically, the council then engaged Nissen to make emergency repairs.
The cost of repairs totalled $91,470.
Judge Newhook described the actions of the two defendants as cavalier and said the offending had been quite serious.
He said for a considerable length of time the pair were loathe to admit any kind of responsibility, although it was clear to all that no resource consent had been obtained.
"Obviously, part of the importance of obtaining a resource consent is to present the opportunity to the regulatory authority to impose conditions to ensure that important infrastructural services are not damaged by private work," the judge said.
"The reason for the reticence about admitting liability ultimately emerged; Mr Nissen was insured under a public liability policy and was constrained in what he could say, by the terms of that policy."
Judge Newhook said he had gained the impression that Quinn encouraged the builder to press on with the work without engineering input because he wanted the job completed quickly.
Aside from the fine, Quinn and Nissen were also ordered to each pay $425 towards the prosecution and $130 court costs.
Far North District Council general manager of regulatory and customer services Patrick Schofield yesterday welcomed the court's decision. He said the court action should send a strong message to others not to proceed with projects without resource and building consents.
The consequences of ignoring the Resource Management Act and the District Plan could be quite costly, he said.