Environment Court grapples with logging debris details

A109 Light Utility Helicopter flight with mayor Gisborne City from the air in November 2023.

During day three of an Environment Court hearing yesterday, Judge Brian Dwyer noted that trying to apportion the amount of debris to particular logging operations was “like trying to unscramble an egg”.

The hearing over storm damage on June 24, 2018 in Uawa Forest concluded yesterday.

The forest was managed by Ernslaw One Limited, which pleaded guilty to a charge brought by Gisborne District Council under the Resource Management Act.

Tim Conder, representing Ernslaw One, submitted that the company's contribution to downstream contamination would have been small, but Judge Dwyer rejected that.

“We can't determine contributions made by respective sources of debris to start with,” he said.

“The bridge (Wiggan Bridge) would have had some restraining effect on what was coming down from Uawa Forest, but we don't know what that contribution was to start with.”

GDC scientist Dr Murry Cave told the court that the first thing maintenance crews do is loosen debris because bridges can be damaged or destroyed if debris builds up on them, so what was shown in subsequent photographs of the bridge were residual levels of debris.

“It cannot be determined what the contribution is,” Judge Dwyer said. “Let's take a look at the 45,000 cubic metres of logs lying on the beach at Tolaga Bay, no one takes too much responsibility for that.”

The court yesterday focused further on detailed examination of aerial photographs as evidence presented by Dr Cave, showing sediment and forestry slash contamination around roads, skid sites and streams after the storm.

Judge Dwyer reserved his decision.