Whanganui District Council regulatory and compliance operations manager Jason Shailer said the artwork was an unconsented alteration to a heritage-listed building.
“Under the district plan, some minor maintenance or repairs can be carried out on the exterior of a heritage-listed building without consent, but new signs, artwork or additions require a consent,” he said.
“The purpose of these rules is to preserve the look of heritage-listed buildings as they contribute to the character of our district.”
Moore, who operates a Lego play area and shop Brick HQ in the building, said he was reluctant to complete a consent application.
He said the council’s 2018 signage policy allowed for sponsored art installations to be erected or displayed in a public place.
However, Shailer said the signage policy did not apply to heritage buildings.
“Signs or artwork on heritage buildings may have been installed at different times under regulations that were in effect at the time.
“We don’t apply today’s rules to work that was consented in the past.
“The installation at 66 Taupō Quay was added under the current rules, so it needs to meet current district plan requirements.”
Artist Mikaere Gardner, who made the Lego head, said it was designed to encourage engagement.
It could be dressed up and decorated to match the season, he said.
“I like the idea of the community having a sense of ownership.
“Getting people involved in their town, that’s always my angle.”
Moore said his building was illegally altered in the mid-1990s, with display windows added to two sides, so it was “hypocritical” that the council had an issue with the art.
“This building is a lot uglier now than it was originally and, more than that, it’s destroyed its structural integrity.”
According to the Whanganui Heritage Inventory, the windows were installed in 1994.
“The provision of these four new windows constructed under existing windows meant that the character of both facades was altered drastically,” it said.
“This work should have been subject to an application to the NZ Historic Places Trust under the Historic Places Act 1993, as the building was a pre-1900 structure.
“No such application was made.”
Council heritage adviser Scott Flutey said the building had no heritage status at the time the windows were installed and it was not assessed until 2003.
It still held substantial heritage significance, he said.
“Compared to 30 years ago, the district plan now places stronger emphasis on preserving the character of heritage-listed buildings.”
Moore can appeal the fine through the Environment Court but said he was still willing to work with the council on a resolution.
“If they really want to have a [consent] application done, they can send one of their guys around and we’ll fill it out together.
“This artwork is causing no trouble to anybody, except maybe the one person who complained about it.”
Mike Tweed is a multimedia journalist at the Whanganui Chronicle. Since starting in March 2020, he has dabbled in everything from sport to music. At present his focus is local government, primarily the Whanganui District Council.
