On Friday, 8 April 2022, the prosecution by Tauranga City Council against Pools Plus More Limited was heard before the Tauranga District Court for sentencing.
Pools Plus More Limited were found guilty on four charges under the Building Act 2004 in relation to the construction of pool fencing without the appropriate building consents and failing to comply with notices to fix. On Friday, they were sentenced to fines totalling $18,750.
Tauranga City Council and the Building Services team are pleased with the court's decision.
Pools Plus More Limited had been contracted by members of the public to build pools, erect fences, and get the necessary consents. It was brought to council's attention that the required consents were not being lodged with council, and the company was found to be keeping the money.
As a result of the prosecution, Pools Plus More Limited have also submitted applications to legalise the unconsented works so that the owners aren't left with illegal building work.
"We take formal enforcement action as a last resort," says Building Services Manager, Steve Pearce.
"However, when a company ignores all our requests and continually breaks the law for their own gain, we have no option but to pursue a prosecution.
"This sentence shows that the court takes unconsented building work seriously and should serve as a warning to the industry - don't do work without consent."
Whilst the work has been subsequently inspected by council and found to be safe, we are currently working with those affected by the unconsented work to gain the necessary approvals and to make sure it is legal.
Pools Plus More Limited has since filed for voluntary liquidation. Council urges anyone who had work done by this company and does not have a Code of Compliance Certificate to contact the Building Services Compliance team to work through the process with them by emailing email@example.com.
Those wishing to file a creditor claim with the liquation company must submit a claim by 16 April 2022 - email firstname.lastname@example.org to start the claim process.