The CAB, formerly the Civic Administration Building. Photo / Alex Burton
The CAB, formerly the Civic Administration Building. Photo / Alex Burton
Developer John Love’s company Civic Lane and one of New Zealand’s biggest builders have been fined $35,000 for illegal modifications to the top level of Auckland apartment development The CAB.
The decision from Judge Sheena Tepania in the Auckland District Court fined Love’s Civic Lane $21,000 and builder Naylor Love$14,000 for modifications that were found to be illegal.
Both companies pleaded guilty to a charge of using land in a manner that contravenes a district rule under the Resource Management Act for modifying the top-floor open deck on level 18 of the former council-owned Civic Administration Building (The CAB).
Love is the sole director of Civic Lane, which contracted Naylor Love to convert the ex-council offices into apartments in what is New Zealand’s largest office-to-apartment conversion.
The court decision said that in 2017, council heritage experts Ian Grant and Rebecca Fox met with representatives for Civic Lane and heritage architects.
The penthouse on level 18 that was the subject of the District Court case. Photo / Alex Burton
Civic Lane’s team told the council that they intended to make significant changes to the level-18 roof deck.
Council staff advised them that this was outside the scope of the granted consent and would likely be a prohibited activity, the decision said.
The council indicated that it would require clear evidence and justification about why the proposed changes were necessary as part of any consent or variation application.
Unauthorised modifications of the roof deck represented an adverse effect on the heritage values of this specific primary feature.
Unconsented works had changed the size and shape of the deck, the decision said. These changes made the apartment larger so the Crown said the deck changes were done for commercial reasons.
Developer John Love at The CAB in 2023. Photo / Alex Burton
“It is the council’s view that the works have rendered this space less capable of conveying these important heritage values,” the judge noted.
It resulted in a degradation of the heritage values of The CAB.
The exterior deck overlooking Aotea Square within the level-18 penthouse at The CAB. That unit is for sale for $16.5m. Photo / Alex Burton
Plans for the demolition work on level 18 were prepared by Beca and Jasmax.
Brad Alcorn for Civic Lane submitted that the company misunderstood the process and that it should have waited for the council’s response and consent before starting reinstatement works. Civic Lane’s conduct was careless at worst, Alcorn said.
When the case was heard on December 19, counsel for Naylor Love David Neutze submitted that most of the roof deck was contaminated by asbestos, including under the paving slabs.
Hence, it was impossible to modify the deck and paving slabs without removing asbestos-contaminated material.
Naylor Love did not accept that the offending was “clearly commercially motivated”, and the deck area was “reduced in size to produce a more marketable apartment” as submitted by the Crown, the decision said.
A sub-penthouse in The CAB.
The building, classified Category A heritage, was designed by Tibor Donner, chief architect of the Auckland City Council from 1948 to 1967.
No application for discharge without conviction was made.
The defendants were therefore convicted.
The Crown submitted that the effect of the reduction in size of the roof deck by 45sq m and the full enclosure of the deck had rendered the space less capable of conveying the important heritage values.
The judge noted that neither of the defendants has any prior conviction history.
They were therefore entitled to a discount of 5% for prior good character, the judge said.
Bruno Goedeke, new CEO of construction company Naylor Love. Photo / Sylvie Whinray
Today, Naylor Love CEO Bruno Goedeke said the decision recognised it was not involved in the communications surrounding the resource consent application and that its works were undertaken under a valid building consent.
But it accepted the finding that greater diligence should have been exercised.
“We should have taken more care to ensure that any works we were undertaking were lawful and had resource consent, particularly given the works related to a significant heritage part of The CAB building.
“We have taken steps to strengthen our internal processes to ensure we are sighting and verifying all relevant consents – both building and resource – before works commence,” Goedeke said.
John Love back in 2023 outside The CAB. Photo / Alex Burton
The builder had a long-standing history of delivering complex heritage projects and its work was recognised.
Goedeke appreciated the judge’s recognition of the builder’s early guilty plea, prior good record and full co-operation throughout this process.
Love said today his business had acted on expert advice and with the expectation that consent should ultimately be granted.
“We now accept that this does not excuse the decision to proceed with work before formal approval was received. We recognise that in doing so, we failed to follow the proper consenting process. It was never our intention to circumvent regulations or undermine the role of the consenting authority, but we accept that our actions were careless,” Love said.
Anne Gibson has been the Herald‘s property editor for 25 years, written books and covered property extensively here and overseas.
