Jason Buehler, who is now living in Canada, was to be sentenced in the Queenstown District Court yesterday after admitting a charge under the Building Act of carrying out building work in breach of a consent.
However, Judge John Strettell adjourned his final sentence until Buehler provided a formal statement of his ability to pay.
Buehler was project manager during the construction of the 4000sqm building, at the Queenstown Central shopping centre in Frankton, in 2018.
On or before August 2, steel reinforcing known as ‘‘starter bars’’, embedded in the building’s concrete floor, were cut when it was found they did not align with junctions in a pre-cast concrete wall.
The faulty work was reported to the council on August 3 by a whistle-blower.
Its counsel, Nathan Speir, said it was the first time a prosecution of its type had been made under the Building Act for a commercial structure.
It was unclear who cut the more than 60 starter bars and a case of ‘‘he said, she said’’ about who directed the work to be carried out.
But whether Buehler was aware of the issue did not matter, because it ‘‘happened on his watch’’.
The defendant had been ‘‘quite candid’’ with the council during its investigation, and had provided a formal statement, Mr Speir said.
It could be used as evidence in the trial for Dominion Constructors, which has denied an identical charge.
Buehler’s lawyer, Tanya Surrey, said he ‘‘didn’t direct it, he didn’t know about it and he didn’t do it’’.
‘‘He didn’t even know this had happened until the whistleblower went to the council.’’
But he had admitted the charge in the belief he had to ‘‘take the rap’’ and because he understood it would lead to a smaller fine.
Judge Strettell said the case was significant for public safety.
‘‘People need to know the building they’re in is safe and compliant, and have confidence in the manner in which they’ve been built.’’
It was unclear whether Buehler’s actions were a case of ‘‘wilful blindness’’ or a failure of supervision. But there would have been pressure to avoid referring the problem to the project’s engineers for a solution.
That would have led to extra expense and a delay in making the building available to Kmart.
The bar cutting was not an isolated issue, as there had been earlier problems with the project, Judge Strettell said.
‘‘There were warning bells prior to this work that should have alerted management to be cautious, and to have a heightened awareness of their responsibilities.’’
From a starting point of a $50,000 fine, he granted Buehler a discount for his guilty plea, reducing the amount to $38,000.
