- Two Convictions secured for deliberate non-compliance
- Financial gain drove both cases
- Council warns: break the rules, face prosecution
Court outcomes involving unsafe rental accommodation and unlawful industrial activity reinforce Auckland Council's commitment to holding offenders accountable and protecting Auckland communities and the environment.
Auckland Council is sending a clear message that whether the issue is environmental offending or unsafe, unconsented accommodation, those who deliberately ignore regulatory requirements for financial gain will be prosecuted.
In the first case, an Auckland car dismantling business and its two directors were convicted and fined a total of $40,000 after continuing to operate an automotive dismantling and battery recycling business without the required resource consent and in breach of Auckland Council abatement notices.
AAA Auto Parts Limited and directors Jawad Ahmad and Mohammad Sharif Hassanian pleaded guilty to charges under the Resource Management Act relating to the offending.
The offending occurred between April 2024 and February 2025 at a Kelston site where council officers repeatedly found the business continuing to dismantle vehicles despite being advised of its compliance obligations and later being formally directed to cease operations.
The court heard the activity was classified as a high-risk industrial activity due to the potential for contaminants including oil products, heavy metals and other hazardous substances to enter the environment.
In sentencing, Judge S M Tepania rejected arguments that the defendants should receive further discounts for eventually obtaining resource consent.
The Judge said the offending involved “contravention of an abatement notice over a prolonged period with a deliberateness to the offending and high culpability.”
She also found the defendants’ expenditure on obtaining consent “was merely a compliance cost that the defendant had tried to avoid. Detection and conviction having forced the expenditure on the defendant, it is not a mitigating factor.”
Chair of the council’s Regulatory and Safety Committee Josephine Bartley said the prosecution sends a clear message that businesses cannot ignore environmental rules and enforcement action.
“Businesses undertaking high-risk industrial activities must comply with the requirements of the Resource Management Act and obtain the necessary approvals before they operate.”
Auckland Council Team Leader for Compliance Investigations, Paul Cowling, reiterated that abatement notices are not suggestions.
“They are legal directions intended to prevent ongoing non-compliance and protect Auckland’s environment. When businesses continue operating in breach of those notices, Auckland Council will not hesitate to investigate and take enforcement action.
“Compliance with the Resource Management Act helps ensure potentially harmful contaminants are properly managed, protects the environment and maintains a level playing field for businesses that do the right thing.”
Unsafe rental accommodation also lands property owner in court
In a separate prosecution, property owner Iqbal Amirali Hudda was convicted and fined a total of $18,750 after pleading guilty to Building Act and Resource Management Act offences arising from the illegal conversion of parts of a Hillsborough property into self-contained rental accommodation without the required approvals.
In sentencing, Judge Caldwell was unequivocal about the nature of the offending.
“I accept, and indeed there is no doubt, that this is deliberate offending,” Judge Caldwell said. She also found the unconsented works “were undertaken and maintained for rental gain”.
Auckland Council’s Team Leader Investigations, Paul Cowling, said the case highlights the importance of ensuring all accommodation offered to tenants is safe, lawful and meets regulatory standards.
“While Auckland Council supports homeowners making the most of their properties, any building work undertaken for rental purposes must meet all regulatory requirements and provide occupants with safe, sanitary and code-compliant accommodation.
“People renting homes have a right to expect that the places they live in have been properly assessed and comply with the standards designed to protect health and safety. Where property owners choose to ignore those requirements for financial gain, Auckland Council will take enforcement action.”
Councillor Josephine Bartley said the case demonstrates why council takes compliance seriously.
“Whether it is breaches of the Resource Management Act, the Building Act, or both, these rules exist to protect people, communities and the environment. Aucklanders should be able to trust that homes being offered for rent meet the standards required by law.”
This prosecution, alongside the AAA Auto Parts case, reinforces Auckland Council's message that deliberate non-compliance for financial gain will not be tolerated and that offenders can expect to be held accountable through the courts.