A retrospective consent was finally issued in April this year but not before the council had issued Batchelor and his company, Gracealone Oke Bay Holdings, four infringements for non-compliance with abatement notices. The fines totalled $3000.
Batchelor, an Auckland real estate agent who planned to turn the Rāwhiti property into a Christian retreat, appealed against two of the fines but missed the 28-day appeal period for the other two.
On Monday this week the council took him to court for non-payment of fines in what was to have been a day-long judge-only trial.
Batchelor told Judge Greg Davis he believed all four fines were ''completely unjust'' and wanted to challenge them in court.
However, Judge Davis told him the trial could not go ahead on Monday because another case set down for the same day involved a man who was in custody, so that would take precedence over a case merely involving fines.
There were no dates left for a judge-alone trial this year and there was no guarantee it wouldn't be postponed again next year.
Judge Davis adjourned the hearing, urging Batchelor and the council's lawyer to "go and have a coffee with open minds as to how this can be gracefully resolved''.
When the two parties returned they had agreed that Batchelor would pay $1500, or half the sum the council said it was owed.
''I did feel the fines were unjust but we have to bring this to a conclusion,'' Batchelor said.
''I would have loved to have my day in court.''
Batchelor was ordered to pay $750 and his company $750. No conviction was entered because it was not a criminal matter.
Judge Davis thanked both parties for bringing the matter to a close, ''or we'd be here again in a year's time''.
''I hope in coming to a conclusion that everyone is equally unhappy with the result. If so we probably got it right.''
