Appeal Dismissed Against Wharenui Decision
An appeal against conviction following the illegal construction of a wharenui in Tongaporutu has been dismissed by the High Court.
Justice Harrison dismissed the appeal by Russell and Parani Gibbs, who in November last year were convicted in New Plymouth District Court for breaching the Building Act by constructing the 150m2 wharenui on their land without a building consent.
Justice Harrison also confirmed the fines of $2,500 each.
In his decision, Justice Harrison said Te Ture Whenua Mori Act 1993 and the Mori Reservations Regulations 1994 did not exempt the Gibbs’s from compliance with the Building Act.
“All users of a building, whatever the status of the land on which it is constructed, are entitled to the protection of the performance standards mandated by the Building Act,” he said.
“Compliance with the building consent requirements of the Building Act is compatible with the autonomy vested in those who control Mori land, and the relevant statutory pattern does not disclose a ground of principle or policy for exempting a Mori reservation.”
Justice Harrison also noted that the reservation on the Gibbs’s Tongaporutu property was for the creation of a family urupa and not for a wharenui or meeting place. There was also no evidence that the Gibbs had been formally appointed as trustees of the reservation.
NPDC Manager Customer and Regulatory Services Simon Pickford welcomed Justice Harrison’s decision as it clarifies any questions about the applicability of the Building Act.
“This decision confirms that the Building Act applies to any building, regardless of the land it sits on,” says Mr Pickford.
“At the end of the day, it’s all about public safety. And if anyone in the district is constructing a building without the proper consents, they can give us a call and we’ll take them through the consenting process step by step – court action is taken only as a last resort.”
The council will be following up with the Gibbs’s about attaining the necessary approvals to legitimise the wharenui.