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Home / Northern Advocate

No appeal by oyster farmers, keen to have their farms reopened

Mike Dinsdale and Sri Krishnamurthi
Northern Advocate·
14 Nov, 2006 04:58 AM3 mins to read

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Bay of Islands oyster farmers will not appeal a court ruling throwing out their $12 million claim for damages against the Far North District Council.
Last month a High Court ruling cleared the council of causing the closure of Waikare Inlet oyster farms in a $12 million law suit.
Nine Waikare Inlet
oyster farmers sued the council for damages after their farms were closed in 2001 when traces of the norovirus, carried in human effluent, were found.
The case was heard in the High Court at Auckland in March and April, and Justice Helen Winkelmann cleared the council of any wrongdoing, saying it could not be proved its Kawakawa sewerage treatment plant led to the contamination.
The oyster farmers will now try to get their farms reopened.
Alan Tindall, who led the case against the council, said the farmers had decided unanimously not to go ahead with any appeal because it would cost $60,000 to $70,000 on top of about $500,000 already spent.
"We don't have deep pockets like the council, most of us are pretty much on the bones of our butts over this and we're now additionally liable for court costs," Mr Tindall said.
"I'd pretty much expect council to pursue us for those costs just to rub salt into the wounds and because they're entitled to do that. They might as well try to get blood out of a stone."
The council has yet to say if it will seek costs.
Mr Tindall once employed 12 people on his Waikare Inlet farm.
"I had to lay them off, and now because we've got another site, I'm only employing four-and-a-half people, but that is no consolation for those who didn't get their jobs back because there were around 40 people who lost their jobs in total," he said.
The nine farmers would be liable for clean up costs if the farms were removed "and that is another $3.5 million in costs. Where is that money going to come from?"
The farmers have lost about $1.5 million in exports since they were forced to close.
"In the end though, someone has to be responsible ... All we can do is keep asking who is responsible and ultimately hope for some honesty and accountability. But because of the way things have gone, we aren't holding our breath," Mr Tindall said.
Northland Federated Farmers president Ian Walker said
the Northland Regional Council, of which he was a member, had agreed to convene a meeting of all parties involved to see if a solution could be found to allow the farms to reopen.

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