RACHEL PINDER A Napier church is being prosecuted by the Napier City Council for alleged breaches of the Resource Management Act and the Building Act in the construction of its new chapel late last year. The Samoan Congregational Church of New Zealand is charged with exceeding a height limit, and with failingto adhere to an abatement notice, ordering a halt in construction pending the obtaining of a permit approving the exceeding of the height limit. The charges, brought before the Napier District Court for the first time yesterday, are liable to maximum penalties of $100,000 each, but church lawyer Alison McEwan told Judge Michael Behrens the charges were being defended. The judge adjourned the hearing of the Building Act charge to June 30, but said the charge under the Resource Management Act would need to go before the Environment Court. The charges relate to the building of a new chapel on the church site more historically known as Michael's Place, a former cabaret venue between Riverbend Road and Latham Street, originally built as a teenager's venue known as The Pub With No Beer. The abatement notice was issued on December 22 when construction was well advanced, and after the church had been warned to stall construction to apply for the appropriate consent. Three months later the Napier City Council approved the application, which was not opposed by interested parties in the area, and councillors noted that, had the procedure been followed correctly, the permit would probably have been granted and the situation avoided. The church was opened two days after the decision was made at a short hearing at which the church was represented by architectural consultant Eli Brown.
