Experienced Property Owners Convicted For Persistent RMA Breaches Across Auckland Homes
Three property owners have been convicted and fined in the Auckland District Court for serious and prolonged breaches of the Resource Management Act and the Building Act involving unconsented dwellings at two Auckland addresses, one in Mission Bay, the other in Northcote.
Yuanhua Li, Chao Ma, and Yan Ma were sentenced by Judge Dickey for their failure to comply with abatement and enforcement notices, after knowingly allowing unconsented minor dwellings to remain on their properties at 2 Prebble Place, Mission Bay and 12 Exmouth Road, Northcote for over four years.
Judge Dickey said the defendants' culpability ranged from moderate to high.
'The offending occurred over several years, there were a number of notices, and there was extensive delay in complying. This was serious offending.
'Statutory notices were ignored while rental income was derived from unlawful dwellings. Not only was the Unitary Plan breached, but so was the Building Act, raising concerns about health and safety.'
Ms Li was convicted and fined $22,750, Mr Chao Ma $13,000, and Mr Yan Ma $7,000.
The court heard that despite being repeatedly notified through abatement and 'Notice to Fix' orders from Auckland Council, the defendants failed to remove or legalise the illegal dwellings. Instead, they continued to profit from the properties while disregarding their legal responsibilities.
Council prosecutor John Kang described the defendants' conduct as 'cavalier'.
'The defendants were given every opportunity to comply but chose not to. Their actions showed a clear disregard for planning and building laws designed to protect communities. A deterrent sentence was warranted.'
Mr Kang also told the Court the defendants were not typical homeowners, but wealthy investors with eight Auckland properties.
'This was commercially motivated offending,' he said.
'A moderate fine is unlikely to significantly affect them, but it's important we send a message that compliance is not optional.'
The properties in question are in residential zones governed by Auckland's Unitary Plan, which sets clear limits on the number and size of dwellings to ensure liveable, safe environments. The unconsented works breached both zoning limits and minimum dwelling size requirements.
David Pawson, Auckland Council's Field Operations Manager, said the case is a reminder the council will hold property owners accountable.
'This kind of behaviour is deliberate, unacceptable and will not be tolerated.
'Ignoring legal orders while collecting rental income is not just unfair, it undermines the integrity of the planning system. Auckland Council will prosecute without fear or favour to protect our communities and uphold the law.'
Mr Pawson also emphasised the importance of following proper processes to ensure buildings are safe, lawful, and respectful of community planning outcomes.
This prosecution reinforces Auckland Council's commitment to enforcing the Unitary Plan and the Building Act to maintain safe, sustainable development throughout the city.
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Experienced Property Owners Convicted For Persistent RMA Breaches Across Auckland Homes
Three property owners have been convicted and fined in the Auckland District Court for serious and prolonged breaches of the Resource Management Act and the Building Act involving unconsented dwellings at two Auckland addresses, one in Mission Bay, the other in Northcote. Yuanhua Li, Chao Ma, and Yan Ma were sentenced by Judge Dickey for their failure to comply with abatement and enforcement notices, after knowingly allowing unconsented minor dwellings to remain on their properties at 2 Prebble Place, Mission Bay and 12 Exmouth Road, Northcote for over four years. Judge Dickey said the defendants' culpability ranged from moderate to high. 'The offending occurred over several years, there were a number of notices, and there was extensive delay in complying. This was serious offending. 'Statutory notices were ignored while rental income was derived from unlawful dwellings. Not only was the Unitary Plan breached, but so was the Building Act, raising concerns about health and safety.' Ms Li was convicted and fined $22,750, Mr Chao Ma $13,000, and Mr Yan Ma $7,000. The court heard that despite being repeatedly notified through abatement and 'Notice to Fix' orders from Auckland Council, the defendants failed to remove or legalise the illegal dwellings. Instead, they continued to profit from the properties while disregarding their legal responsibilities. Council prosecutor John Kang described the defendants' conduct as 'cavalier'. 'The defendants were given every opportunity to comply but chose not to. Their actions showed a clear disregard for planning and building laws designed to protect communities. A deterrent sentence was warranted.' Mr Kang also told the Court the defendants were not typical homeowners, but wealthy investors with eight Auckland properties. 'This was commercially motivated offending,' he said. 'A moderate fine is unlikely to significantly affect them, but it's important we send a message that compliance is not optional.' The properties in question are in residential zones governed by Auckland's Unitary Plan, which sets clear limits on the number and size of dwellings to ensure liveable, safe environments. The unconsented works breached both zoning limits and minimum dwelling size requirements. David Pawson, Auckland Council's Field Operations Manager, said the case is a reminder the council will hold property owners accountable. 'This kind of behaviour is deliberate, unacceptable and will not be tolerated. 'Ignoring legal orders while collecting rental income is not just unfair, it undermines the integrity of the planning system. Auckland Council will prosecute without fear or favour to protect our communities and uphold the law.' Mr Pawson also emphasised the importance of following proper processes to ensure buildings are safe, lawful, and respectful of community planning outcomes. This prosecution reinforces Auckland Council's commitment to enforcing the Unitary Plan and the Building Act to maintain safe, sustainable development throughout the city.
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