Extensive work and the granting of a resource consent was required before the gates could be fully closed in March this year.
A comprehensive investigation has been undertaken looking at all aspects of the incident and its effects on the environment, the community and tangata whenua to get a full and thorough picture of the situation.
The investigation, its findings and recommendations were independently reviewed by Crown Solicitor Meredith Connell before a decision was made to prosecute.
Quite separate from the prosecution, the council is continuing to work with the Eastland Group to refine and adapt its current resource consent and the operation of the Waihi Dam itself to ensure it meets current day best practice.
The council is not in a position to make any further comment as the matter is now before the Court.