Source: Auckland Council
In reserved decisions, the Environment Court has found in favour of Auckland Council in two unlawful earthwork prosecutions in breach of the Resource Management Act 1991.
Efficient Bobcats Ltd (EBL) has been fined $32,400 for unconsented earthworks and stream reclamation on a property at 88-90 Adams Road, Wainui, between 23 October 2019 and 20 February 2020.
In relation to EBL, Judge Dickey found the company ignored council directions and the requirements of Abatement Notices to continue work and were highly careless in their offending.
The excuse regarding non-compliance with the Abatement Notices due to weather and health and safety considerations, was not accepted. Judge Dickey went onto say “if Abatement Notices can be ignored their effectiveness is blunted.”
Landowner Jonathan Climo was fined a further $24,500.
Judge Dickey said Mr Climo was aware of the council’s concerns as far back as 2017. Engaging contractors to assist did not absolve him of responsibility particularly as he was alerted to the issues on several occasions. Judge Dickey found him also to be “careless in his offending.”
Factoring in potential and cumulative effects, the Court assessed the environmental effects as “moderately adverse” for both the lack of sediment controls and the reclamation of the stream.
“The number of illegal earthworks being undertaken is of concern as many of them impact our streams and rivers. We’re calling for greater diligence from anyone undertaking any scale of earthmoving to make sure they have the consents in place and know the regulations as this behaviour will not be condoned or ignored,” says Kerri Fergusson, Manager Compliance ＆ Investigations.
In the second case, Director Ronald Bank and his company, Albany Earthmoving & Landscaping Ltd were found guilty on four counts of failing to install adequate sediment controls, depositing a substance on a riverbed and diverting water. The parties were fined $46,900
The unlawful earthworks took place at 473-477 Ridge Road, Paremoremo, between September and November 2019.
Defence submissions that the project was “not commercial” were dismissed by Judge Dickey. The Court found the defendants derived a significant commercial benefit because they avoided paying commercial fill operators to dump their fill and that was a significantly aggravating factor.
“The issue of illegal earthmoving work has been occurring for years across the region,” says Kerri Fergusson, Manager Compliance ＆ Investigations.
“Increased development has seen the resulting amount of fill needing to be disposed of increase across the region, leading some operators seeking to avoid the costs of disposing of it properly, and instead dumping it on rural properties without any thought to the impact on the environment.”
The Court found the offending by the defendant, who was experienced in earthmoving and land development, was serious and the dumping deliberate.
An Enforcement Order was also imposed on the defendants to ensure they follow through with their remediation plan.
