Company fined for illegal earthworks

Part of the earthworks done by David Webster and his company Clear Ridge Station Ltd which resource consents were not applied for. Photo/Northland Regional Council

A Northland company and its director have copped nearly $54,000 in fines for carrying out earthworks over 18 months without resource consent.

The Environment Court convicted Clear Ridge Station Ltd and its director David Basil Webster after they pleaded guilty to seven charges relating to breaches under the Resource Management Act.

The company owns a 900-hectare farm at Mititai Rd in Dargaville and the works that gave rise to the prosecution were undertaken between April 2011 and October 2012 in the course of converting the property from intensive beef farming into a dairy farm.

About 30,000cu m of earthworks were involved in construction of four causeways across water bodies on the farm, excavation and filling of farm tracks, and diversion and reclamation of the Manganui River.

There was either no or inadequate sediment controls put in place to prevent the discharge of sediment into waterways.

The river runs into Kaipara Harbour, which is an important breeding ground for snapper.

Environment Court Judge Brian Dwyer said a wetland on which earthworks were done was indigenous in nature and warranted protection provided in the Regional Plan.

He said the extent or significance of effects from unauthorised activities could not be accurately assessed as works have been ongoing for 18 months before the Northland Regional Council became aware.

Judge Dwyer classed their offending as moderately serious, rather than minor. He said had it involved more pristine wetlands or more identifiable, rather than potential, effects on the water systems, the offending would have been regarded as serious.

Although there was no evidence Mr Webster and his company were aware their actions breached the Regional Plan, enquiries should have been made with relevant authorities.

Failure to do so must fall in a scale somewhere between extreme naivety and wilful blindness, Judge Dwyer said.

"Mr Webster's inability to advance any explanation for his failure to make enquiry (I record that he was given the opportunity to do so) falls towards the latter or higher end of that scale.

"At best there was a complete lack of care on his part and at worst downright recklessness."

He ordered both to pay $7650 on each of the seven charges, or a total of $53,550. The Northland Regional Council will receive 90 per cent of the fine to cover costs associated with investigation and prosecution.