Auckland landlord fined $18,750 over illegal rental conversion

An Auckland man has been fined nearly $20,000 after converting parts of a Hillsborough property into a self-contained flat without the appropriate consents.

Iqbal Amirali Hudda pleaded guilty to a series of charges after carrying out the work without the required building and resource consents.

He was convicted of offences under the Building Act and Resource Management Act and fined $18,750 at his sentencing.

Judge Caldwell found the illegal works had been completed with a clear intention of financial gain.

“I accept, and indeed there is no doubt, that this is deliberate offending,” he said.

The court outcome reflects Auckland Council’s ongoing enforcement of regulatory standards, with officials hoping the sentence will send a clear message to would-be compliance flouters.

Councillor Josephine Bartley said the regulatory obligations help keep Auckland's housing safe for tenants. Photo / Corey Fleming

Investigations team leader Paul Cowling said property owners breaching the law for their own gain could expect to face council action.

“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.”

Chairwoman of the council’s Regulatory and Safety Committee, Josephine Bartley, said the law was in place to safeguard the quality of Auckland’s rental accommodation.

“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.”

A scrapyard was fined $40,000 for continuing to operate after several Auckland Council abatement notices. Photo / Auckland Council

The sentence follows another regulatory court outcome in which an Auckland car dismantling business was fined a hefty $40,000 for operating without resource consent.

AAA Auto Parts Ltd and directors Jawad Ahmad and Mohammad Sharif Hassanian both pleaded guilty to charges under the Resource Management Act for continuing to scrap cars after they were told to stop.

The business’s activity had been classified as high risk because of the danger of heavy metals and oils entering the environment.

“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,” Cowling said.

Several abatement notices were issued by Auckland Council and ignored. He said they were 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.”