Ahead of his trial a building project manager has claimed he can't be prosecuted because he didn't carry out the works.

A building project manager charged with carrying out unlawful work on an Auckland site has argued he technically didn't carry out the works - his construction team did.

Chin Keon Tan appealed to the High Court at Auckland, after he was charged in the district court with carrying out building work without a consent.

Although Tan was the project manager for the East Tamaki work site, he argued that he did not personally do any physical building work.

Following his not guilty plea in the Auckland District Court, Tan sought a pre-trial determination of the term "carry out works".

A summary of facts said Tan had been charged after an Auckland Council building compliance officer visited the property to see multiple renovations had been undertaken without consent.

However Tan's lawyer argued that his client technically hadn't been the one to carry out the works without approval.

He said any ambiguity in the law should be determined in Tan's favour, and that while other statutes provided for charges to be made against supervisors, the section of the law that he was prosecuted under did not.

Judge Stan Thorburn ruled that Tan's interpretation of the law resulted in "absurdity and injustice", but Tan appealed the decision saying it was "manifestly unfair".

His appeal was rejected in a December High Court ruling by Justice Timothy Brewer who said he didn't accept that building work was confined to the physical act and nothing broader.

Dismissing the appeal, he agreed with Judge Thorburn that it would be "nonsensical and savagely unfair on those wielding the hammers and shovels to expose them, and not those who supervise or instruct them".