The sentence was carryed out in Tauranga District Court today. File photo.
A Pāpāmoa campground has been fined $24,750 for carrying out building work without consent.
Pāpāmoa Village Park Ltd had faced a maximum penalty of $200,000.
The charges relate to the construction of five 50 square meters units.
It was part of 28 such units constructed by Venture Developments for the Park.
The non-compliance for five of the units came to light after building inspectors investigated.
Prosecutor Adam Hopkinson told the Tauranga District Court today that the park argued “the building consent was not needed because they were relocatable buildings and they were acting under camping ground regulations”.
“Kevin Fraser-Jones one of Village Park directors had told Village Developments the building consents were not required if the units were replacing older units and the units were relocatable homes and put on skids.
“This was based on Fraser-Jones’ understanding from operating another camp-ground and the fact that the Park had previously allowed tenants to build or transport relocatable units to the park without consent prior to Venture’s involvement.”
Defence Lawyer Kate Barry-Piceno says there unique circumstances in this case.
She says there was a notice by the council to fix the older units and longer term tenant had bought the units to stay there as affordable houses.
“The Park does not own the units, the land is leased by the park for $150 dollars a week, each unit is owned by individuals,” says Kate.
“The Park did not make a profit from the dwellings, the intention was to improve on the buildings that were there.”
Venture Developments was paid $507,000 to construct the buildings.
Venture sold it to tenants for $125, 000 dollar each.
Judge David Cameron in his judgement says “There was careless advice given to the developer at the outset.
“A Park director told Venture Developments consent was not required as they were replacing older buildings and it will be relocatable homes,” says Judge Cameron.
“The advice was not correct.
“It was the responsibility of the defendant to check the construction was compliant with the Building Act.
“Twenty four of the units are completed and occupied.”
The $24,750 fine will be paid to the Tauranga City Council.
Last year Venture Developments pleaded guilty to building the units without consent and was fined 54 thousand dollars.