Father fights seawall order | Hawkes Bay News | Local News in Hawkes Bay

A Haumoana man says he would rather go to jail or face massive fines than tear down a seawall he says is protecting the family home.

Hastings District Council has given Mark Lawrence 30 days to get rid of the self-constructed wall because it was built without consent and did not comply with the Building Act.

But Mr Lawrence said he would not take it down. The wall was "undoubtedly" the only thing that protected his Clifton Road house from damage during recent high seas.

If he doesn't comply, he's liable for prosecution and a fine of up to $200,000 under the Resource Management Act and another fine of up to $10,000 for each day after the deadline.

He was also liable for a $200,000 fine for not complying with the Building Act, with $20,000 added for each day after the deadline and a maximum jail sentence of two years.

"I would rather go to jail," Mr Lawrence said. "And if the sea takes my house, we won't have any other options to pay fines. This hand has been forced upon us."

It was "ludicrous" council asked him to remove the wall while he was attempting to comply, he said. Residents were "living in fear", and unable to protect their own homes. Council group manager resource management Mike Maguire said an abatement notice was a "last resort" for council. But such unconsented works had the potential to adversely affect other properties.

Coastal protection works have required a consent in the coastal residential zone since 2003.

"We have been seeking Mr Lawrence's co-operation in requirements of the law for at least two months," Mr Maguire said.

Mr Lawrence built the wall after moving in with his partner, Tracy Oliver, and their four children in December 2007.

As it was built from an earlier wall that had crumbled, he believed it was an existing structure. He has employed a planner and coastal engineer and is confident he can bring it up to code.

But while he can appeal the council notice, he is still required to remove the wall while the appeal is being considered.

He is asking council to hold off on any action until after August while he prepares his resource management application for the Hawke's Bay Regional Council.

Mr Lawrence is a member of Walking on Water (WoW), a group representing Haumoana, Te Awanga and Clifton residents calling for a solution to erosion - the building of a seawall with five groynes and a walkway.

WoW spokesman Keith Newman said the areas were becoming a "demolition zone" as councils were reluctant to take responsibility for protecting the area. "The Resource Management Act is being severely misused, when it piles on the bureaucracy and compliance costs preventing people from protecting their private property and penalising them when they do," he said.