Key Takeaways
- The former Fitzroy Hotel (75‑77 Wakefield Street) is a Category A heritage‑listed brick building dating to circa 1855, regarded as Auckland’s oldest brick structure.
- Cracks in the façade were first observed about 17 years ago; structural engineers testified that no maintenance or repair work has been carried out since their initial appearance.
- Auckland Council issued a series of dangerous building notices beginning in September 2022, with the notice that led to the current prosecution served on 11 October 2023.
- Structural engineer Oz Ben‑Ezra (Tonkin & Taylor) linked the cracking to possible water‑main works in 2016 and emphasized that inadequate back‑filling could have compromised the building’s footings.
- Retired engineer Geoff Radley, who first inspected the site in December 2020, noted progressive widening of cracks, recommended steel plates to arrest movement, and warned of falling masonry endangering pedestrians.
- Council investigations officer Gregory Thompson confirmed the owner, Terry Huang, has not complied with the dangerous building notice, citing lack of funds, and noted the council could have undertaken repairs and placed a charge on the property but chose not to.
- The judge‑alone hearing concluded on Tuesday; the parties have 21 days to file written submissions, after which Judge Edwin Paul will reserve his decision.
Background and Heritage Significance
The building at 75‑77 Wakefield Street, formerly known as the Fitzroy Hotel, was erected around 1855 and is recognised as a Category A heritage‑listed structure—the oldest brick building in Auckland’s central city. Its age and architectural value impose heightened responsibilities on owners to preserve its structural integrity. Over time, the masonry has exhibited cracking that first became noticeable roughly 17 years prior to the current proceedings. Despite the building’s historic status, no systematic maintenance or remediation of these cracks appears to have been undertaken, a fact that became central to the council’s allegations of neglect.
Council’s Dangerous Building Notices and Public Safety Measures
Auckland Council responded to growing concerns by issuing the first of four dangerous building notices in September 2022. Hoardings were erected along Wakefield and Lyndock Streets to shield the public from potential falling debris. The notice that triggered the prosecution was served on 11 October 2023, formally alleging that the owner had failed to address the hazardous condition. Subsequent notices reinforced the council’s position that the building posed an imminent risk to pedestrians and adjacent properties, necessitating urgent remedial action or, at minimum, compliance with safety directives.
Testimony of Structural Engineer Oz Ben‑Ezra
On the second day of the hearing, Oz Ben‑Ezra of Tonkin & Taylor outlined his 2025 assessment of the cracking. He traced the likely origins to water‑main works conducted by Watercare in July 2016, when a trench was excavated in the footpath outside the building. Ben‑Ezra acknowledged that he did not know the exact depth of the trench, but agreed that if the excavation went below the watermain and was not properly back‑filled, it could have undermined the building’s footings, contributing to settlement and cracking. He stressed that, regardless of the initiating cause, the absence of any remedial work since the cracks first appeared amounted to a failure to mitigate a known structural deficiency.
Inspections and Recommendations by Geoff Radley
Retired structural engineer Geoff Radley, who first examined the façade in December 2020 while employed by Tonkin & Taylor, testified that the building was already exhibiting movement and possible subsidence at that time, though he did not anticipate imminent collapse. By his second inspection in September 2022, the cracks had widened considerably, prompting him to recommend bolting steel plates through the walls to arrest further movement. Radley expressed particular concern about the building’s proximity to footpaths on Lyndock and Wakefield Streets, warning that loosened masonry could fall and injure or kill passers‑by. His recommendations formed the basis for the first dangerous building notice issued after the September 2022 visit.
Council Investigation and Owner’s Position
Gregory Thompson, a principal specialist on Auckland Council’s investigations team, assumed responsibility for the case in late 2024. He recounted a site visit with Tonkin & Taylor engineers in February 2025 and an online meeting in June 2025 involving the building’s owner, Terry Huang, and Huang’s engineer. During these interactions, Thompson confirmed that no compliance with the dangerous building notice had been achieved. He acknowledged that the council possessed the authority to undertake the repairs itself and then place a charge on the property to recover costs, but explained that this course had not been pursued. Thompson also noted that Huang repeatedly stated he lacked the financial resources to fund the necessary structural work.
Procedural Status and Potential Outcomes
The judge‑alone hearing concluded on Tuesday, with the parties allotted 21 days to submit written arguments before Judge Edwin Paul reserves his decision. Should the court find Huang guilty of failing to comply with the dangerous building notice, penalties could include fines and a mandatory order to carry out the remedial works—potentially at the owner’s expense or, if he remains unable to pay, through council‑funded repairs followed by a property charge. Conversely, a finding of insufficient evidence or excusable incapacity could lead to a lesser sanction or a directive for the council to intervene directly. The outcome will not only affect the future of the Fitzroy Hotel but also set a precedent for how Auckland Council enforces safety obligations on heritage‑listed properties.