Pollution charges have been dropped against an Auckland council and its water services company after they agreed to pay a $75,000 donation towards "environmental enhancement".
The Auckland Regional Council laid 10 charges last September against Waitakere City Council and three charges against Techscape for sewage overflows .
It said the
response by these parties to overflows into local waterways was not up to scratch.
But when the case was called this week in the Auckland District Court, the ARC offered no evidence, saying it had taken up the defendants' request for mediation, which was successful.
District Court Judge Fred McElrea expressed unease at withdrawing the charges when there was no suggestion that no offence had been committed in the case.
The public might be concerned that in the privacy of mediation special arrangements had been reached which would not be available to other defendants, he said.
It was in the interests of citizens that the requirements of the Resource Management Act and district planning instruments were enforced, he said.
ARC deputy environmental chairman Paul Walbran told the Herald that the prosecution move showed how seriously the ARC regarded sewer overflows and the other parties took it as a "wake-up call".
Waitakere finance chairman Janet Clews said the council had made a commitment to continue with improvements and further invest in the network to reduce dry-weather overflows.
Techscape chief executive Ken Paterson said the donation was a "sign of commitment" to improving the response to overflows.
Mr Walbran said the donation was a penalty and it was not unusual for the ARC to insist on environmental enhancement in settlements of disputes with private offenders.
But a Rodney farmer who was prosecuted by the ARC for illegal drainage works said the public were treated differently.
Simon Withers said his case - over a backcountry swamp - cost him $90,000.
"It didn't affect anybody ... but they spent $150,000 trying to prosecute us and the energy they poured into over 18 months was absurd," he said.
"But this one affects a lot of people and it's dreadful they've let themselves off."
