Auckland Council has demolished an illegal garage after the owner failed to comply with a court order to remove it last year.

Council regulatory compliance manager Steve Pearce said today the council was forced to act.

No more garage. Photo/Greg Bowker
No more garage. Photo/Greg Bowker

Da Jian Fan was fined $30,000 for building a garage without resource consent and was found guilty by a jury in the Auckland District Court on March 2, last year, of contravening an abatement notice issued in 2012.


The judge said the offending was "the worst of its kind".

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Pearce said today Fan did nothing about the court's order to get rid of the building.

"Last year, the District Court found Da Jiang Fan guilty of illegally constructing a garage in the front yard of his property at 6 Edmonton Rd, Onehunga. As well as a $30,000 fine, the court issued an enforcement order requiring Mr Fan to remove the illegal building. The court also gave Auckland Council the power to undertake the works if the order wasn't complied with and to charge Mr Fan for this work," Pearce said today.

Pearce said such orders were rare, and were even more rarely ignored.

"It is necessary for us to undertake the work because of the risk to the environment and to anyone using the buildings," Pearce said.

The bill for the work will be sent to the property owner.

"Auckland's ratepayers don't have to fund the costs of dealing with such serious and deliberate offending," he said.

The court last year awarded the Crown solicitors' costs of $2260, and $130 court costs.

Council resource consents general manager Ian Smallburn said last year people wanting build should get in touch with the council before starting work.

"We offer free advice to people who want to find out what rules might apply and whether a resource consent will be required," Smallburn said at the time.