Fines And Community Service Imposed For Breaching RMA and BA

The director of Plimmerton-based company Le Stone Affair Ltd, Lance Johnston, has been given a strict sentence of community service and fined $10,000 for failing to comply with the Building Act 2004 (the BA) and Resource Management Act 1991 (the RMA).

Beginning in 2009, Le Stone Affair committed a number of breaches under the BA and the RMA including dumping stone waste on reserve land, damaging vegetation and an earthbund and illegally constructing a platform and buildings at their Freshfield Place premises.

The Council expended a large amount of time and money in assisting Mr Johnston to gain compliance with the Acts and a Notice to Fix was issued for remedial work to be completed by 3 August 2009.

No remedial work had been undertaken by that deadline so the decision was made to commence a joint prosecution under the Building Act 2004 and the Resource Management Act 1991.

At the sentencing on 12 February 2011, Judge Kelly noted that this case was at the higher end of the scale in terms of seriousness. In sentencing, she took into account the scale, size and permanency of the illegal work, the attitude of Mr Johnston in disregarding the law and his continued and deliberate offending.

Le Stone Affair was sentenced to a total fine of $10,000, of which $9000 would be paid to the Council, and was ordered to pay Court costs and solicitors costs. The company was also ordered to carry out the building works remaining in the Notice to Fix within six months. Mr Johnston was sentenced to 120 hours community work.

Council Chief Executive Gary Simpson says the Council is very pleased with the outcome.

"We welcome the deterrent sentence and regard taking prosecutions as a last but necessary resort to protect the environment and the health and welfare of our citizens."

ENDS

© Scoop Media