AUCKLAND CITY COUNCIL MEDIA RELEASE

22 May 2007

K'Rd boarding house deemed unsafe in fire

An Auckland man has been ordered to pay fines totalling $15,000 for failing to comply with a notice to fix the boarding house he owns after it was found to be unsafe for occupants if a fire was to occur.

Murphy McDade was sentenced in the Auckland District Court to pay:

* $15,000 in fines ($12,000 for breaching the notice to fix and $3,000 for the continuation of the offence for 10 months)

* $1,356 in prosecution costs for the council

* $130 in court costs.

Auckland City Council's residential developments manager, John Lawrence is happy with the result and hopes the case will serve as an important reminder that when a notice is received from the council it should be taken seriously and adhered to immediately.

"This is a pleasing result and I hope Mr McDade has learnt from his mistake. He left us no choice but to prosecute.

"We issue these notices for the public and owner's safety and hope this prosecution will be a warning to others," says Mr Lawrence.

The notice was issued on 7 December 2005 after inspections of the boarding house on Karangahape Road by the New Zealand Fire Service and council officers found multiple issues relating to fire safety, including: * an unstable deck serving as a fire escape * an inadequate fire alarm system * doors that opened in a way that prevented a fast escape in an emergency.

There was also no record of a building consent being issued for work separating the building into multiple sleeping spaces.

The notice required Mr McDade to apply for a certificate of acceptance by 11 January 2006. No application was received and the only work undertaken on the site was replacing the unstable deck.

No attempts were made to fix the other problems with the building and Mr McDade failed twice to appear in court for sentencing.

During sentencing, Judge McElrea made extensive sentencing remarks about the defendant's mitigating actions but found that the likelihood of serious injury or death resulting from the work, coupled with the prolonged period of non-compliance, were aggravating factors.

"This building was an accident waiting to happen. If there had been a fire in the building it is more than likely that there would have been loss of life which would come with a much harsher punishment than fines," says Mr Lawrence.

The building regulations are legal requirements that apply to building work and aim to achieve minimum standards of construction to ensure the health and safety of people in or around buildings, energy conservation, and access and facilities for disabled people.

For more information about building regulations visit www.aucklandcity.govt.nz/building or phone 379 2020.

ENDS

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