Latest news with #SeanPalala
RNZ News
09-07-2025
- RNZ News
Church's $100k fine shows importance of due diligence for Pacific communities, leaders say
Photo: Auckland Council A six-figure fine imposed on a Māngere church for illegal construction should serve as a reminder to all Pacific churches of the importance of conducting necessary checks before starting any project, community leaders say. They emphasise the need for other Pacific congregations to ask questions, verify credentials, and seek proper advice to safeguard the contributions of their members. Their comments follow the Auckland District Court's ruling that the Sāmoan Congregational Christian Church of New Zealand Māngere Trust and its representative, Sean Palala, were guilty of 15 breaches of the Building Act and Resource Management Act due to unlawful construction and use of a church and community centre on McKenzie Road in Māngere. The Trust was fined more than $80,000 and ordered to pay an additional $25,300 to Auckland Council for costs. Palala also received a $7000 fine and was sentenced to 400 hours of community service. The court heard that the church continued to use the building for gatherings despite receiving notices of its hazardous condition and orders to stop using the complex. Pacific community leader Alf Filipaina says the church trust paid the price because it relied on someone who claimed to understand council processes but was uninformed about them. The Manukau ward councillor says other churches can avoid making the same mistake by consulting with other congregations, verifying credentials and asking the right questions. "They ended up contracting someone who indicated he knew the processes for building and resource consents, and he did not," he said. "Having that talanoa first is so important. Talk to other churches. Who did you use? How did you do it? Always double check, triple check.". The Māngere church boarded up after the Auckland District Court ruling, highlighting the consequences of ignoring stop-use orders. Photo: Auckland Council Filipaina cites two recent projects as examples of how Pacific churches can successfully navigate these processes when they engage with the right people. He says the Sāmoan Consulate complex, Maota Fale o Sāmoa, and the new LDS (Mormon) temple in Manukau both succeeded because they used certified planners who guided them throughout every step of the process. He adds that investing in professional help upfront is more cost-effective than facing hefty fines later. Filipaina recently spent over $5300 on a building consent for renovations to his own home. "When you have someone who truly knows the process -resource consents, building consents, inspections - it goes smoothly. That is the difference. "That is money upfront, but that is nothing compared to the $100,000 they are paying now. Sometimes paying early saves your people later." Apulu Reece Autagavaia, chair of the Ōtara Papatoetoe Local Board, says many small churches mistakenly believe they can handle complex consent processes on their own, but it is wiser to hire professionals to assist with these procedures. He suggests that Pacific families engage younger generations, who are more adept at navigating the system, and use community or business networks to find trustworthy assistance. "I encourage our communities to do the due diligence and get the experts in to provide professional advice. It might cost a bit, but it is worth it because then you have safeguards when things do go wrong. "There are plenty of churches out there starting out. Do it the right way, get professional advice. If you do not know where to start, Pacific business organisations can help, or even your bank," Apulu said. Tauanu'u Nick Bakulich, chair of the Māngere Ōtāhuhu Local Board, says good intentions are not enough when families contribute money in good faith. "This situation shows how important it is to involve experts in building projects who can give qualified advice on regulatory matters," he said. The Māngere property has since been sold, meaning the building is no longer owned by the church. Filipaina says this makes the lesson even clearer for other congregations. "Our people gave to build that church. Now it is gone and they are paying fines on top of that. That is why you check first and do it the right way, so you do not lose what you worked so hard for." An earlier image showing the church under construction on McKenzie Road, Māngere - a project that proceeded without proper building consents. Photo: Auckland Council Auckland Council's David Pawson says ignoring court orders and using unsafe buildings would not be tolerated. "Compliance with building and resource consent laws is essential for the safety of our communities," Pawson said. Filipaina says the key takeaway is protecting the sacrifices of church members who contribute with goodwill and expect an orderly process. "Our people give with their hearts. They deserve to know their sacrifice will not be wasted. We have seen it work when it is done right. Do the checks, protect what you build and protect your people." Pacific leaders advise that any church planning a new building or renovation should consult with other churches that have successfully navigated the process. Filipaina stresses the importance of hiring a qualified planner or consent expert and thoroughly verifying their credentials carefully. "It's money well spent." Other recommendations include budgeting for proper compliance costs upfront and requesting a pre-application meeting with the council to address any uncertainties. ' Use trusted Pacific business networks for support. The Sāmoan Congregational Christian Church of New Zealand Māngere Trust and Sean Palala could not be reached for comment. LDR is local body journalism co-funded by RNZ and NZ On Air.
Scoop
02-07-2025
- Scoop
Auckland Pastor Convicted, Church Fined For Unsafe Building
An Auckland pastor and his church has been found guilty and handed a hefty fine of more than $82,000, for the unlawful construction and use of a church since 2023. The Samoan Congregational Christian Church of New Zealand Māngere Trust and its pastor, Sean Palala, were sentenced at the Auckland District Court, for 15 charges of breaches to the Building Act and Resource Management Act. The church and community centre, on McKenzie Road, Māngere, continued to be used for gatherings, even after being slapped with a dangerous building notice. The church was fined $82,000 for a breach of abatement, breach of notice to fix, multiple breaches of enforcement orders and dangerous building notices, and ordered to pay a reparation to Auckland Council for costs. Palala was convicted on all charges and sentenced to 400 hours community work and fined $7000 for his offending. In a written statement, Auckland Council said the Court found the Trust had continued using the church building, in direct contravention of the interim enforcement order prohibiting its use from 2 May, 2023. Gatherings continued on multiple occasions, despite a dangerous building notice also restricting access to the building. At sentencing, council's head of prosecutions, John Kang, told the court the breaches of enforcement orders were "highly deliberate", committed while the defendants were awaiting sentence for the earlier offending. Kang said that despite being personally warned by the Chief Environment Court Judge and served with the enforcement order on two separate occasions, Palala went on to breach the interim enforcement order on at least four occasions. "Furthermore, a copy of the dangerous building notice remained affixed to the front window by the main entrance to the church building throughout the entire duration of the offending," Kang said. In delivering his decision, Judge David Kirkpatrick found the prosecution's case had been proven beyond reasonable doubt. "I find the Samoan Congregational Christian Church of New Zealand Māngere Trust and Sean Palala both guilty of the charges they face." Judge Kirkpatrick emphasised the repetition of offending by the defendants was a "seriously aggravating factor", with no evidence that any steps had been taken either to fix or demolish the building. Council's licensing and compliance field operations manager David Pawson said the court's verdict sent a strong message that ignoring enforcement orders and continuing to use unsafe buildings would not be tolerated. "Compliance with building and resource consent laws is essential for the safety of our communities," he said. He said council was committed to upholding the law and ensuring all structures met necessary safety and planning regulations.
1News
02-07-2025
- 1News
Auckland church trust, rep convicted and fined for illegal construction
An Auckland church and its representative have been convicted and fined for numerous charges related to illegal building work. The Samoan Congregational Christian Church of New Zealand Māngere Trust and its representative, Sean Palala, were found guilty of 15 breaches of the Building Act 2004 and Resource Management Act at the Auckland District Court. The conviction, which followed two separate prosecutions, was described as "decisive" by Auckland Council. The case against the church trust and Palala revolved around unauthorised construction at their church and community centre on 59 McKenzie Rd — carried out without the necessary building and resource consents. Despite enforcement actions imposed by the council, the trust and Palala failed to comply with statutory notices, court orders, and legal requirements. ADVERTISEMENT The community centre and church on MacKenzie Road in Mangere. (Source: Supplied) The first prosecution found the trust guilty of failing to comply with a notice to fix, and failing to comply with an abatement notice. Palala was found guilty of failing to comply with a notice to fix. The notice required the unauthorised building work to be removed, or for alternative measures to be taken to ensure the project was legal. An additional 12 charges were laid during the second prosecution, which included violations of an enforcement order, and it was found that the church was still being used despite the enforcement order prohibiting its use from May 2, 2023, onwards. Gatherings continued on multiple occasions, despite a dangerous building notice which restricted access to the building. These violations were committed while the defendants awaited sentencing for the earlier offences. ADVERTISEMENT The community centre and church on MacKenzie Road in Mangere. (Source: Supplied) Auckland Council's head of prosecutions, John Kang, said the breaches were "highly deliberate". "Despite being personally warned by the Chief Environment Court Judge and served with the enforcement order on two separate occasions, Mr Palala went on to breach the interim enforcement order on at least four occasions," Kang said. "Furthermore, a copy of the dangerous building notice remained affixed to the front window by the main entrance to the church building throughout the entire duration of the offending.' In his decision, Judge David Kirkpatrick said: 'Having heard the evidence presented by the council and in the absence of any challenge to that evidence, I accept the submission of the prosecutor that the charges are proved beyond reasonable doubt. The morning's headlines in 90 seconds, including Australia's weather bomb, the surprising costs of getting one more dog, and BTS are back. (Source: 1News) "I find the Samoan Congregational Christian Church of New Zealand Māngere Trust and Sean Palala both guilty of the charges they face." ADVERTISEMENT The trust was fined $20,000 for the initial offence, $36,700 for the subsequent offending, and was ordered to pay $25,300 to the council for hoarding costs. Palala was sentenced to 400 hours of community work and fined $7000. The property on which the church and community centre were being built has since been sold. Auckland Council said, in a statement, the case highlighted the importance of compliance with building laws. "The repeated breaches and continued use of an unsafe structure posed significant risks, reinforcing the need for enforcement actions against non-compliance." David Pawson, field operations manager for licensing and compliance at the council, said the verdict sent a "strong message" that ignoring enforcement orders and continuing to use unsafe buildings would not be tolerated. 'Compliance with building and resource consent laws is essential for the safety of our communities.'
RNZ News
02-07-2025
- RNZ News
Auckland pastor convicted, church fined for unsafe building
The church on 59 McKenzie Road, Māngere, was prohibited from being used in May 2023. Photo: Google Maps An Auckland pastor and his church has been found guilty and handed a hefty fine of more than $82,000, for the unlawful construction and use of a church since 2023. The Samoan Congregational Christian Church of New Zealand Māngere Trust and its pastor, Sean Palala, were sentenced at the Auckland District Court, for 15 charges of breaches to the Building Act and Resource Management Act. The church and community centre, on McKenzie Road, Māngere, continued to be used for gatherings, even after being slapped with a dangerous building notice. The church was fined $82,000 for a breach of abatement, breach of notice to fix, multiple breaches of enforcement orders and dangerous building notices, and ordered to pay a reparation to Auckland Council for costs. Palala was convicted on all charges and sentenced to 400 hours community work and fined $7000 for his offending. In a written statement, Auckland Council said the Court found the Trust had continued using the church building, in direct contravention of the interim enforcement order prohibiting its use from 2 May, 2023. Gatherings continued on multiple occasions, despite a dangerous building notice also restricting access to the building. Gatherings continued on multiple occasions, despite a dangerous building notice also restricting access to the building. Photo: LDR / supplied At sentencing, council's head of prosecutions, John Kang, told the court the breaches of enforcement orders were "highly deliberate", committed while the defendants were awaiting sentence for the earlier offending. Kang said that despite being personally warned by the Chief Environment Court Judge and served with the enforcement order on two separate occasions, Palala went on to breach the interim enforcement order on at least four occasions. "Furthermore, a copy of the dangerous building notice remained affixed to the front window by the main entrance to the church building throughout the entire duration of the offending," Kang said. In delivering his decision, Judge David Kirkpatrick found the prosecution's case had been proven beyond reasonable doubt. "I find the Samoan Congregational Christian Church of New Zealand Māngere Trust and Sean Palala both guilty of the charges they face." Judge Kirkpatrick emphasised the repetition of offending by the defendants was a "seriously aggravating factor", with no evidence that any steps had been taken either to fix or demolish the building. Council's licensing and compliance field operations manager David Pawson said the court's verdict sent a strong message that ignoring enforcement orders and continuing to use unsafe buildings would not be tolerated. "Compliance with building and resource consent laws is essential for the safety of our communities," he said. He said council was committed to upholding the law and ensuring all structures met necessary safety and planning regulations. LDR is local body journalism co-funded by RNZ and NZ On Air.
Scoop
01-07-2025
- Scoop
Unsafe Church Building Results In Conviction
The Auckland District Court recently delivered a decisive ruling, finding the Samoan Congregational Christian Church of New Zealand Māngere Trust and its representative, Sean Palala, guilty on all charges in a long-running prosecution concerning the unlawful construction and use of a church and community centre at 59 McKenzie Road, Māngere. This verdict follows two separate prosecutions over recent years, culminating in 15 guilty verdicts across multiple breaches of the Building Act 2004 and Resource Management Act 1991. The court imposed a fine on the Samoan Congregational Christian Church of New Zealand Māngere Trust: • $20,000 for the initial offending (1 x breach of abatement and 1 x breach of notice to fix) • $36,700 for the further offending (4 x breach of enforcement order and 2 x breach of dangerous building notice) • Ordered to pay $25,300 reparation to Auckland Council for hoarding costs. Palala was convicted on all charges and sentenced to 400 hours community work and fined $7,000 for his offending. The case revolved around the unauthorised construction of the church and community centre without the necessary building and resource consents. Despite clear enforcement actions by Auckland Council, the Trust and Mr Palala repeatedly failed to comply with statutory notices, court orders and legal requirements. Guilty verdicts in two prosecutions In the initial prosecution, the Trust was found guilty of failing to comply with a Notice to Fix issued under the Building Act 2004 and failing to comply with an Abatement Notice issued under the Resource Management Act 1991. Mr Palala was also found guilty of failing to comply with a Notice to Fix. The notice required the removal of unauthorised building work or alternative measures to be taken to ensure compliance with the law. In the second prosecution, 12 additional charges were laid, including violations of an enforcement order issued by the Auckland District Court. The Court found the Trust had continued using the church building in direct contravention of the interim enforcement order prohibiting its use from 2 May 2023 onward. The Court determined that gatherings had continued on multiple occasions, despite a dangerous building notice also restricting access to the building. The Council's submissions At sentencing, Council's Head of Prosecutions, John Kang, told the Court the breaches of the Court's enforcement order were 'highly deliberate', having been committed while the defendants were awaiting sentence for the earlier offending. Kang further stated that, 'despite being personally warned by the Chief Environment Court Judge and served with the enforcement order on two separate occasions, Mr Palala went on to breach the interim enforcement order on at least four occasions. Furthermore, a copy of the dangerous building notice remained affixed to the front window by the main entrance to the church building throughout the entire duration of the offending.' The Judge's findings In delivering his decision, Judge Kirkpatrick found the prosecution's case had been proven beyond reasonable doubt. He stated: 'Having heard the evidence presented by the council and in the absence of any challenge to that evidence, I accept the submission of the prosecutor that the charges are proved beyond reasonable doubt. 'I find the Samoan Congregational Christian Church of New Zealand Māngere Trust and Sean Palala both guilty of the charges they face.' The Judge emphasised the repetition of offending by the defendants was a 'seriously aggravating factor' with no evidence that any steps had been taken either to fix or demolish the building. Significance of the case The case highlights the importance of compliance with the Building and Resource Management Acts to ensure public safety. The repeated breaches and continued use of an unsafe structure posed significant risks, reinforcing the need for enforcement actions against non-compliance. Auckland Council repeated its commitment to uphold the law and ensure all structures meet necessary safety and planning regulations. David Pawson, Field Operations Manager for Licensing and Compliance at Auckland Council said this verdict sends a strong message that ignoring enforcement orders and continuing to use unsafe buildings will not be tolerated. 'Compliance with building and resource consent laws is essential for the safety of our communities.' The council will continue monitoring compliance with legal requirements across Auckland to prevent similar breaches in the future.
