A rural council is threatening to bulldoze the home of four young girls and their parents over unconsented building work.
Steve Hart claimed he had intended to seek consent but had built the additions then suffered a debilitating injury that preoccupied his time. Hart also said he had to devote time to looking after his brother as he was dying.
He said he was prepared to apply for consent retroactively, and claimed the council had indicated it was prepared to work with him to do this when the issue first came to their attention but had since stopped communicating with him.
But the Thames District Court has ordered Hart out: “Mr Hart’s submissions that he is exempt from the council’s policies, and the council requires his written consent before commencing action against him, are akin to the ‘sovereign citizen’ position,” Judge Peter Spiller said.
Hart and his family have until lunchtime on Monday to vacate their home and remove their belongings to allow the Thames Coromandel District Council to remove the unconsented structures.
Hart told the Herald he had nowhere else to go. If they cannot sort the issue before the deadline, Hart has plans to gather residents and form a human chain to stop the bulldozers.
Hart, a noted conspiracy theorist with past political ambitions, believed the council had a vendetta against him because of his unorthodox beliefs.
“Rather than sit around the table and consult with you in a positive manner, [the council] is abusive and just wants to regulate everything, you know, ‘these are the rules we dictate and that’s that’,” Hart said.
“I’m 70 now, and living off the pension. We’re not harming anybody.
“I’m not feeling good at all. I’m pretty resilient, but [my wife] is suffering considerably. We’ve got four young daughters, you know they are 12, 10, 8 and six. I don’t mind having scars on me, but it’s not good for them.”
‘Brutal’ — fear for livelihood if house demolished
In correspondence about next week’s possible demolition, Hart has also told the council he will “not consent and enter in[to a] contract with [council] staff”.
Hart said: “One of the reasons that I chose not to consent and enter in[to] contract with your staff and engage their services was in the record that exists around the district in their lack of qualification, competency and capacity to do the jobs required of them.”
Hart’s partner Martina Petru told the Herald the council’s threat to remove the structures was “brutal”.
Petru said: “It’s a brutal way to actually eliminate somebody who you don’t like.”
Hart and Petru homeschool their four daughters in the house and live off the land there. They were worried the council’s demolition would destroy their gardens and orchards and effectively destroy their livelihoods.
Council wants Hart to sort it out
Thames Coromandel District Council told the Herald it had been involved in the ongoing compliance issue on Neavesville Rd for the past seven years.
“This relates to an unconsented conversion of a barn structure to a dwelling which includes an unconsented wastewater disposal system and a fireplace, a separate two-storey structure with a fireplace and sanitary facilities, and another structure with risks relating to its height,” a spokesman said.
“The unconsented work has not been completed to the Building Code and poses safety risks, including council being made aware that the fireplace in the dwelling caught fire.
“We have issued multiple notices to fix in an attempt to direct and encourage the property owners to remedy the non-compliant building work themselves. "
He said the council “reluctantly” sought orders from the Thames District Court to remove the safety issues after the property owners did not comply with the direction notices.
“Following the Court decision, productive dialogue has started between the property owners and Council. Council staff attended a meeting at the property this morning that was cordial and positive and there is hope that agreement on the compliance issues can be reached,” he said.
“Council has reserved any final decisions until we hear back from the property owners early next week.
“Council’s preference has always been, and remains, that the property owners rectify the issues themselves without further actions needed by us.”
Raphael Franks is an Auckland-based reporter who covers breaking news. He joined the Herald as a Te Rito cadet in 2022.