'Safety issues' kept council away from gang house

The $540,000 compound in Jolson Rd. The exterior, originally in Black Power's colours, has been repainted. Photo / NZ Herald

Auckland City Council ignored illegal structures on a Black Power stronghold for years because of "safety concerns" for staff, according to a letter sent on behalf of Mayor John Banks.

But the council was quick to threaten $750-a-day fines on the new owner of the gang pad and suggested he call police if he felt pressured by members to leave.

The Herald this week revealed that gang members were again using the two-level house in Jolson Rd, Mt Wellington, despite it being confiscated and sold under the Proceeds of Crime Act in January.

The new owner - who asked not to be named - released a council response to a letter he wrote to Mr Banks complaining the council was enforcing district plan breaches only because the gang had moved out.

Yesterday, the council said it was a "coincidence" that the compliance issues - first identified in 1989 - were being investigated as soon as the building had changed hands.

The council response to the owner - from senior council manager Mark Vinall in April - acknowledged the "unique" situation and confirmed the "council was unable to pursue compliance on the property due to safety concerns for council staff".

He said enforcement was a "reasonable position" to take once the property was seized from the gang by the Ministry of Justice.

Mr Vinall said the owner was responsible for fixing the breaches - including demolition of illegal structures - and should call police if pressured by gang members.

Speaking at a National Party conference in Auckland at the weekend, Mr Banks vowed to help police crack down on gangs and organised crime if elected Super City mayor in October. He said yesterday chief-of-staff Stephen Rainbow was investigating the Mt Wellington complaint.

"If there has been some failings around this particular property, we'll look into it. Auckland cannot have officials intimidated by criminal gangsters - we are going to uphold law and order."

A council spokesman said the breaches were identified after a neighbour complained about a new window installed by the new owner.

A subsequent council investigation uncovered more significant district plan breaches, said the spokesman, and it was a coincidence that the gang had moved out.

The biggest breach is the size of the building on the site. As a residential-zoned property, the owners are allowed 35 per cent building coverage - in this case it is 75 per cent.

The property is supposed to have 40 per cent grassed or landscaped areas, but has none.

The compliance issues dated back to 1989 and the breaches related to additions to the eastern and western sides of the dwelling, a lean-to at the rear and an ablution block - which are all currently being enforced.

The property was sold in 1991 without the problems being fixed. It eventually became the hub of a cannabis ring masterminded by owner Mark Pitman, the president of Black Power NZ, which was turning over $1.5 million a year.

He was later convicted and the Mt Wellington property seized and sold by the Official Assignee. But the house is again being used by the Black Power chapter, despite police suggestions the property should have been demolished.

Official Assignee criminal proceeds manager Guy Sayers said demolition of forfeited assets was not an option unless the property could not be sold or there was a specific health or safety risk such as drug contamination or the building was derelict.

To comply with the District Plan, much of the building works at 25 Jolson Rd would need to be demolished.