"Despite these efforts and the fact that we can't turn back time, Winton will work with the regional council to resolve the matter, so this stage can be completed without further disruption."
Forty-eight lots settled during the second half of 2022 in stages 3 and 4 at Beaches.
The Thames-Coromandel District Council said it did not approve the clearance of native vegetation and had told Winton on August 13 to contact the Waikato Regional Council before starting the work because of the potential biodiversity and habitat values of the area.
"We pointed out that although Winton's letter informing us of vegetation clearance on the site appeared to indicate that no indigenous vegetation was to be removed, in case any was found they should be aware of Section 29 of TCDC's Proposed District Plan (PDP), which covers indigenous vegetation clearance. We also pointed out that the Winton land consists of a conservation Lot notation under the PDP and that it is the most highly prioritised conservation lot notation under our PDP.
"We noted that the land is also within a High Priority Significant Natural Area (SNA) under the Regional (Waikato Regional Council) Plan/Policies, which would seem to indicate that there could be potential significant biodiversity and habitat values associated with this area. We also informed Winton of the land's proximity to estuarine margins and the recent NES on Freshwater and Wetlands which is administered by the Waikato Regional Council."
Ash said Winton used a planner before the clearance and pointed to the district council's clearance programme at the site.
Ash said Winton's planner reviewed the district council's proposed and operative District Plan, Structure Plan, Waikato Regional Policy Statement, and a biodiversity report commissioned by WRC on outstanding natural landscapes.
He said a 20m buffer against a Department of Conservation reserve nearby was put in place.
Winton said it could make no further comment while the regional council's investigation continued.
The district council told the HC Post that its contractors last year cleared a few eucalyptus to provide for line-of-sight for telemetry requirements of the water and wastewater treatment plants. Indigenous vegetation was not removed, it said.
Graeme said the site was "particularly important because it's a contiguous sequence from estuarine to freshwater. It's those freshwater wetlands that we've lost because of housing and farming."
She said: "Fernbird, possibly spotless crake and a range of at-risk or threatened fish and insects would have likely been living in the freshwater coastal wetland as well as kiwi reported by locals.
"Australasian bittern, fernbird and banded rail are known to be present in the neighbouring estuarine wetland. The vegetation itself was a threatened ecosystem.
"In the Thames-Coromandel district, it's estimated that less than 10 per cent of our original wetlands remain and of these most are estuarine wetlands, making Matarangi coastal freshwater wetland extra significant."
The district council told the HC Post there are no specific rules regarding SNAs in the District Plan for the area, but it "identifies the importance of indigenous vegetation and significant habitats of indigenous fauna".
The regional council earlier told the HC Post it was unable to further investigate the clearance at Matarangi because of staff vacancies. The council had five other serious incidents under formal investigation and another 16 prosecutions in court taking priority.
"This may remain the situation until recruitment can be completed, but even if recruitment is successful this could take some months," said regional compliance manager Patrick Lynch.
The regional council has since told HC Post it had managed to contract a person to continue the investigation while recruiting for staff in the compliance team.
