Developer may face legal action

Charges are expected to be laid against property developer Shannon Tawhiti who moved three buildings on to this Totara St section in Hastings without resource consent. Photo / File

Hastings District Council has confirmed it intends prosecuting a property developer who upset neighbours by moving three old houses on to a section in Mahora without resource consent.

The council issued developer Shannon Tawhiti with an abatement notice after the illegal relocations in January, but later granted a retrospective consent to allow the buildings to stay on the site.

The consent required a dispensation because having the three houses on the 1065sq m section breached density rules under the Hastings district plan.

Despite allowing the development to proceed, the council launched an investigations into all Mr Tawhiti's development activities in the district.

In October last year one of Mr Tawhiti's companies was fined $300 for illegally moving a home on to a section in Joll Rd, Havelock North.

Hastings Mayor Lawrence Yule said last month the Totara St incident was more serious than the Joll Rd relocation.

In an email sent to Totara St residents yesterday, the council's acting group manager of planning and regulatory services, Malcom Hart, said case files relating to the relocation of homes by Mr Tawhiti in Hastings were yesterday sent to the council's lawyer for review.

"Council anticipates that charges will be laid against Mr Tawhiti as a result of this investigation," Mr Hart said.

Mr Tawhiti said last night he was surprised to learn of the contents of Mr Hart's email because he had been expecting the council to send him a list of questions to be discussed at an upcoming meeting with him before it completed its investigation.

"I don't know how they can prosecute someone when they haven't actually done that process," he said.

Mr Tawhiti has previously said his property developments involve bringing relocated homes, and the sections they sit on, up to a high standard but that takes time.

The neighbours of his Totara St development were further outraged last week when the council told them that the houses moved on to the street could contain asbestos.

Mr Tawhiti said at the time the claims had not been proven and he would take appropriate measures and have the asbestos professionally removed if it was found to be present.

He said the properties owned by the neighbours who were complaining were also likely to contain asbestos.