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An Auckland property company director put lives at risk when he crammed migrant workers into unsafe cabins built inside a warehouse in a South Auckland industrial zone, the Auckland District Court has found.
Paul Knights has been fined $54,000, with the judge giving no discounts for good character.
The workers, sourced by Radius Contracting, lived in the container-style cabins on Maich Rd in Manurewa from 2017 to 2019.
Knights was acting as the director of 4 Corners Investment when he installed 44 prefabricated cabins and other associated building works inside the warehouse.
The court was told that Knights and his family lived above the migrant workers on a mezzanine floor and received a share of the rental income.
Paul Knights housed migrant workers in the 44 cabins while he lived above. Photo / Auckland Council
During sentencing in the Auckland District Court, Judge Sheena Tepania noted that the fire safety systems were inadequate for a large boarding house and the cabins were not arranged to provide appropriate escape routes.
She said the case demonstrated why the consenting process existed and why “the creation of risk to health and safety calls for a strong response, even if that risk has not eventuated”.
“While one cannot say what Mr Knights subjectively ‘knew’ about the building’s safety, managing such things is the purpose of a consenting regime, which he knew about and did not comply with.”
She said the monetary motivation spoke to Knights’ “culpability and his intent or wilfulness”, and the offending went beyond “wilful blindness”.
In addition to collecting rental income, he avoided the costs associated with obtaining consents and maintaining a current Building Warrant of Fitness (BWOF).
Knights’ legal team tried to argue for a lighter sentence because no one had been harmed by the unsafe practices. That was rejected by Judge Tepania.
Paul Knights had no consents or a building warrant of fitness for the warehouse conversion. Photo / Auckland Council
She said Knights showed no regard for his duties as the building owner and company director, nor for the duty to ensure that the building was compliant and safe.
His fine of $54,000 was reduced from a starting point of $60,000 because of his lack of previous convictions and a late guilty plea. Any further discounts for good character or remedial action were declined.
Paul Cowling, Auckland Council’s team leader of investigations, wanted the case to act as a clear reminder that putting people at risk for financial gain would not be tolerated.
“This was deliberate, reckless, and profit-driven.
“Mr Knights housed vulnerable workers in unsafe conditions, ignoring the law to line his own pockets.
“Council will not hesitate to act against anyone who cuts corners at the expense of community safety.”
Knights’ co-defendants, Radius Contracting and logistics manager William Farmer, were fined $67,500 and $45,000 respectively in 2021, penalties that were later upheld on appeal.
