Oyster farmers vow to keep fighting

The Far North District Council is not celebrating, despite a High Court ruling clearing it of causing the closure of Bay of Islands oyster farms in a $12million lawsuit.
However, the oyster farmers are vowing that is not the end of the matter and may appeal the decision or start new court proceedings against the council.
Nine Waikare Inlet oyster farmers sued the council for $12million in damages after their farms were closed in 2001 when traces of norovirus, carried in human effluent, were found.
The case was heard in the High Court at Auckland in March and April, and on Friday Justice Helen Winkelmann released her reserved decision, which cleared the council of any wrongdoing.
The farmers had identified several sources of pollution into the Waikare Inlet, but largely lay blame with the council-operated sewage plant at Kawakawa.
The council said the outbreak that caused the closure of the farms could not be blamed conclusively on its sewage treatment plant as there were many other potential sources.
Justice Winkelmann agreed, saying the farmers failed to establish a link between any spills and discharges from the Kawakawa sewerage scheme and the virus in the shellfish.
She found it "most unlikely" that infective doses of norovirus from the scheme reached the oyster farms and the virus could be present in fully treated sewage or come from boats or septic tanks at Opua and Okiato Pt.
The judge also said the FNDC had since 1990 taken steps to fix defects in its sewerage system, and awarding damages would "impose a disproportionate economic burden upon the community for the benefit of a few".
FNDC chief executive Clive Manley said the ruling was a relief but no cause for celebration.
Northland Federated Farmers helped the oyster farmers take their case to the High Court and operations director Bill Guest said the farmers were adamant it was not the end of the matter.
Mr Manley said the council was naturally pleased to have been exonerated, but remained concerned for the oyster farmers whose livelihoods continued to be impacted by the risk of viruses in the Bay of Islands.
"There are other sources of pollution in the bay and we have always felt that some of these are more likely to have impacted on the farms than the Kawakawa plant which, with the help of Government subsidy, is now fully commissioned after a staged $7.4million upgrade," he said.
"A combined approach from all agencies and all our communities is needed to reduce the risk of pollution in the Bay of Islands.
"Failing septic tanks are a known problem and we have moved to deal with this through our septic tank bylaw requiring regular cleaning and certification of all septic tanks in the Far North from July 1.
"It is acknowledged that boats are a contributor to marine pollution. Monitoring of this regulation is a specific responsibility of the NRC who should be taking more enforcement action against those who are in breach."
Mr Guest said the oyster farmers were bitterly disappointed with the ruling, but may appeal it, or bring further action against the council over the other possibly sources of pollution, such as the Opua Marina.
"But what the judge is saying here is that you have to be able to track the virus right from the source to the oysters in order to have irrefutable proof of contamination. But that's almost impossible to do - it's too high a standard of proof," he said.
Fighting the case had cost the oyster farmers about $500,000 in legal expenses alone, but they were determined to carry on.