Contractor Prameet Sharma was fined $144,500 and ordered to pay $11,575 in reparations at the Auckland District Court on Friday.
The violations involved illegal earthworks and environmental contamination atthe contractor’s property at Judge Richardson Drive, Drury.
Sharma was convicted on three charges, including breaching an abatement notice, depositing contaminated fill, and conducting unauthorised earthworks exceeding legal limits.
The contractor was fined for breaching an abatement notice, depositing contaminated fill, and conducting unauthorised earthworks exceeding legal limits. Photo / Auckland Council
The fine is the largest handed down to an individual in recent years for breaches of the RMA.
Judge Lauren Semple described the environmental harm caused by Sharma as significant and long-lasting and the effects of the offending on the environment as serious.
A report said that hazardous materials, including asbestos, arsenic and lead, had been found in the fill deposited by Sharma, and was found to have travelled on to neighbouring properties.
“Even once remediated, the site will remain a Hail [Hazardous Activities and Industries List] site with ‘no build’ areas, which is a significant consequence of Mr Sharma’s actions,” Judge Semple said.
The court heard that between 2015 and 2022, Sharma allowed illegal earthworks on his property, depositing over 33,900cu m of contaminated fill, far exceeding the permitted consented limit of 5000cu m.
The contractor was fined for breaching an abatement notice, depositing contaminated fill, and conducting unauthorised earthworks exceeding legal limits. Photo / Auckland Council
Judge Semple said that Sharma ignored repeated warnings and enforcement actions from Auckland Council.
“Mr Sharma was alerted to issues with the volume and placement of fill as early as 2015,” she said.
“Despite receiving abatement and infringement notices, Mr Sharma continued illegal activity. His disregard for the legal process and expert advice resulted in long-term environmental damage.”
The judge rejected claims Sharma was trying to resolve issues arising from the council’s changing parameters.
“I find limited evidence to support this assertion,” she said.
She noted Sharma refused to comply with council directives and acted with a high level of culpability.
“Mr Sharma chose to continue undertaking earthworks in breach of his consent.”
Auckland Council team leader investigations David Pawson said the ruling marked a strong stance in “upholding the integrity of environmental laws and sends a clear message to the public regarding the consequences of non-compliance”.
The contractor was fined for breaching an abatement notice, depositing contaminated fill, and conducting unauthorised earthworks exceeding legal limits. Photo / Auckland Council
“The decision highlights the importance of holding an offender accountable to prevent similar violations in the future.”
The court ruled out a discharge without conviction, finding the seriousness of the offences and their ongoing impacts warranted a significant penalty.
While the court acknowledged enforcement orders were issued to Sharma in 2024, Judge Semple noted no remediation had taken place despite these orders and refused to grant credit for remediation work, stating that returning the land to a compliant state is the bare minimum requirement.
In addition to the $144,500 fine, Sharma was ordered to pay $11,575 in reparations to his neighbour, whose property was damaged because of the migration of contaminated fill.
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