Northland yachtie unsuccessful in setting aside bankruptcy order

Bernard Philbrick's ketch Rose Maree is at the centre of a protracted legal stoush between him and the Northland Regional Council. Photo / Michael Cunningham

The High Court has dismissed a yachtie's application to set aside a bankruptcy notice over his refusal to pay the Northland Regional Council costs of more than $17,000.

NRC obtained a bankruptcy notice against Bernard Philbrick in September last year after he refused to pay $17,336, including $12,057 in legal costs, ordered by the Environment Court in 2015.

He applied to the High Court to set aside that notice and made a counterclaim of $20,000 in damages against NRC for distress and anxiety.

His dispute with NRC started after the environment watchdog issued him with two abatement notices in 2010 and another in 2013 for anchoring his 18m-ketch, Rose Maree, in different places in the Whangarei Harbour for longer than permitted under the Regional Coastal Plan.

The plan stipulates vessels must not anchor in coastal waters within the same embayment, inlet or estuary for more than 14 consecutive days except where anchorage for a longer period is necessary due to bad weather, accident, or emergency.

Designated areas such as marina berths are an exception.

The plan also says anchored vessels should not be in a position that interferes with the safe navigation of other vessels.

There is nothing in either the plan or the Resource Management Act that refers to the Whangarei Harbour as an estuary.

However, the NRC has accepted an interpretation by the National Institute of Water and Atmospheric Research that the entire harbour from Marsden Point to Lord Point was an estuary.

During a hearing to set aside the bankruptcy order in the High Court this week, Mr Philbrick said the Environment Court lacked jurisdiction to rule on temporary anchorage of boats and that he was carrying out a permitted activity.

Mr Philbrick said he had no ability to pay costs as he had no disposable assets and was caring for his elderly father.

Lawyer Nicola Hartwell, representing NRC, queried how Mr Philbrick arrived at a figure of $20,000 and claimed some of his arguments were "unmeritorious and fanciful".

Associate Judge Roger Bell said Mr Philbrick had a right to appeal the Environment Court's decision to the High Court but chose not to do so.

The Environment Court has jurisdiction to make enforcement orders and the High Court could not interfere with orders made for costs, he ruled.

If Mr Philbrick does not appeal Associate Judge Bell's decision in the Court of Appeal, the NRC can apply to the High Court for a bankruptcy order.

The yachtie said he has not decided on an appeal as yet.