Business and owner prosecuted for Building Act violations

Failure to comply with safety requirements under the Building Act recently cost a North Shore business and its owner more than $15,000 in fines and costs.

The North Shore City Council prosecuted Tony Cardwell Motors and its owner Anthony Paul Cardwell for failing to comply with a Notice to Fix issued by the Council under the Building Act and failure to display a current Building Warrant of Fitness for their premises at 4/32 William Pickering Dr in Albany.

For these offences Mr Cardwell was fined $7,815 and the business $7,000. Total fines were close to $15,000.

The Court directed that 90% of the fines imposed was payable to the Council under section 389 of the Building Act.

At the sentencing last month, District Court Judge Blaikie said the stance taken by Mr Cardwell in not complying with the requirements of the Act, despite being given many opportunities to do so, was not helpful.

Council Building Group Manager Kelvin Goode says that the penalties should help deter others from committing similar offences.

All commercial buildings must display a current Building Warrant of Fitness, which certifies that its safety systems meet the standards required by the Building Act.

Mr Goode says that the council only uses court action when other methods of gaining compliance have failed.

“Generally issues can be resolved once the need for compliance is fully understood by the building owner. However there are situations when the council has no choice but to take enforcement action.”

To view the original article online, click here.