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A Hamilton developer whose excavation work triggered a landslide last year is among the first to be prosecuted under the new Building Act, the Hamilton City Council says.
Joe Wright of Wright Construction Limited pleaded guilty to an offence under section 40 of Building Act 2004 when he appeared in Hamilton District Council last week.
He was ordered to pay $7500 in fines plus costs of $3272.
The court was told that on November 7 2006 council staff received a call from the fire service advising them of a land slip at an Awatere Avenue address.
Work had been carried out on the site without a building consent.
When council staff arrived at the scene it was evident that excavation of a bank on the property in the days prior had caused a landslide, putting neighbouring houses, including one at the top of the bank, at risk.
Council building control manager Phil Saunders said the case signalled that the council would not tolerate developers who did not adhere to the Building Act.
"We want to send a strong message that we will vigorously follow up these sorts of breaches of the Building Act where they have created a public risk," he said.
"I think the case is also a strong sign from the courts that they aren't going to tolerate it either."
The landslip was triggered by large earth excavation, approximately 25m wide, 20m back from the road frontage and 4-5m high.
While Wright Construction Limited had applied for building consent to build two dwellings on the property, consent had not been granted.
Residents affected by the slip were evacuated as a precaution, and the fire service took control of the site until November 10, carrying out 24-hour monitoring and posting a rescue team on site while emergency works were carried out.
Wright Construction Limited had engaged Central Excavations Limited to carry out the excavation work.
Central Excavations Limited has also been prosecuted over the incident.
- NZPA
