Commentary on “Ponsonby home owners discharged without conviction over unconsented building work” by Anne Gibson, Property Editor, NZ Herald, 11 November 2026. Read the full article here.
Anne Gibson’s recent piece in the NZ Herald is a story every homeowner planning a renovation should read. A Ponsonby couple hired a professional building company. It added a veranda and a two-storey accessory building to their home, and nobody got the building consents. The couple were the ones Auckland Council prosecuted. The builder, which has since gone into liquidation, was not.
The couple did get a discharge without conviction, because the judge accepted they had been misled by the company they trusted. But they still pleaded guilty to two Building Act charges, paid costs and had to put the work right. Under the Building Act, the owner carries responsibility for consents, even when the builder handles everything else.
What to look out for, and how to protect yourself
- See the consent before work starts. Ask for the building consent number and check it with your council. Don’t rely on “it’s all sorted” or “that doesn’t need consent”.
- Check who is doing the work. Confirm your builder is a Licensed Building Practitioner, and find out who their subcontractors are.
- Get it in writing. For residential work costing $30,000 or more (including GST) the law requires a written contract, and it should say plainly who obtains the consents.
- Be wary of extras added along the way. New structures and changes made mid-project are where consents most often get missed.
- Keep payment in reserve until sign-off. Hold back the final payment until the code compliance certificate is issued.
If you’ve found unconsented work, or your builder has left you exposed, get advice early. The sooner it’s dealt with, the more options you have.
Ponsonby home owners discharged without conviction over unconsented building work (Premium NZH article)