The judge determined that while no actual harm had occurred, the tenants were unsafely housed due to the inadequate fire systems for a boarding house of that scale. Photo: Supplied / Auckland Council
An Auckland property director has been fined $54,000 for illegally converting a Manurewa property into unsafe accommodation, which had inadequate fire safety systems and no appropriate means of escape and using it for migrant workers.
Between 2017 and 2018, Paul Knights installed 22 container-style cabins inside a Manurewa property, without resource consents, despite being told by Auckland Council that any boarding house activity there would be unlawful.
Knights received a share of the rental income from the migrant workers over a three-year period, while his family lived on the floor above the operation.
The workers were employed by Radius Contracting Ltd.
Photo: Supplied / Auckland Council
Knights is the last to be sentenced, after his co-defendants Radius Contracting Ltd and logistics manager William Farmer were fined $67,500 and $45,000 respectively in 2021, with penalties later upheld on appeal.
Judge Sheena Tepania said in her decision that the creation of risk to health and safety calls for a strong response, even if the risk had not eventuated.
She determined that while no actual harm had occurred, the tenants were unsafely housed due to the inadequate fire systems for a boarding house of that scale, and cabins not arranged in a way to provide appropriate escape routes.
Judge Tepania said Knights' offending went beyond wilful blindness, and that he had knowingly flouted requirements for financial gain.
She rejected the defence's claims that the absence of actual harm should reduce the penalty.
Judge Tepania started from a penalty of $60,000, and reduced it to $54,000 considering Knights' lack of previous convictions.
She declined any further discounts for good character or remedial action.
Auckland Council said the outcome was a reminder that putting people at risk for financial gain wouldn't be tolerated.
"Our role is to protect both people and the environment, and Aucklanders must be able to trust that buildings are safe and properly consented. Council will not hesitate to act against anyone who cuts corners at the expense of community safety," said team leader of investigations Paul Cowling.
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