Demolition boss Hui Gao ordered to clear rubble dumped on Flat Bush rental

Hui Gao has been ordered by the Tenancy Tribunal to return his rental property to its original state after it found he had dumped considerable quantities of rubble there. Photo / Greg Bowker

A demolition boss who took the expression “take your work home with you” literally has been ordered to remove rubble dumped on his rental property.

Hui Gao, the sole director and shareholder of a demolition business, signed a rental agreement for the Flat Bush, Auckland, property in May 2023, agreeing that “no construction materials” were to be dumped there.

But the agreement did allow for some levelling work and the parking of trucks on the property. He also agreed to maintain the paddocks around the premises.

Two years later, the landlords, the Peng Family Trust, had grown increasingly unhappy with Gao’s upkeep of the property.

The landlords, represented by their agents Barfoot and Thompson, took him to the Tenancy Tribunal.

Evidence provided to the tribunal in January showed “considerable quantities” of construction materials, namely rubble, had been dumped at the property, “likely as part of the demolition business”.

According to the tribunal’s recently released decision, the landlords complained the land’s contour was affected, the pasture was damaged, and the pond had been filled in.

It was estimated the cost of remediation was up to $130,000.

Tribunal adjudicator Mike Edison agreed, ordering that the property be reinstated to the condition it was in when the tenancy was signed.

This included removing blocks used to build a retaining wall, rocks lining the driveway, and all construction and demolition materials.

Gao was also ordered to reinstate overflow paths and the pond area, and fencing damaged by earthworks.

He was given six weeks to abide by Edison’s ruling, which he initially appealed, but subsequently withdrew.

In September, the parties were back before the tribunal as the order hadn’t been fully complied with.

Edison again ordered that the backyard be reinstated to its original condition, specifically that all construction material be removed, the pond be reinstated, and the backyard’s camber be returned.

Gao now has until mid-December to comply with the order or risk an immediate fine of $9660.

The order only relates to the back half of the section, with Edison noting that the parties are still discussing remediation of the front yard. He also noted that both parties wished to resolve the dispute by agreement.

He also didn’t rule out making further orders, including that the landlord undertake the work and charge Gao for it.

Anil Anna, Barfoot and Thompson’s general manager of property management, said they were pleased with the decision and looked forward to the property being remediated.

Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.