Oyster farmers' claim for compensation begins

A claim for $12 million in damages against the Far North District Council over the closure of oyster farms in the Bay of Islands begins this week in Auckland.

Twenty oyster farms in the Waikare Inlet have been closed since 2001 because of an outbreak of the stomach ailment Norwalk-like virus, caused by the virus of the same name. The farmers claim the council's Kawakawa Sewerage Treatment plant is partly responsible for the closure.

The FNDC denies any responsibility for the closures and is defending the legal action.

The oyster farmers' claim is being heard before Justice Winkleman in the High Court in Auckland.

Inefficient septic tanks at Okiato Pt, near Russell, and the Kawakawa sewerage treatment plant have been identified in a report commissioned by the Northland Regional Council as possible sources of pollution that closed the farms.

The farms remain shut despite a new sewerage treatment system installed at the Kawakawa plant. The council completed a $4.4 million upgrade of the Kawakawa sewerage treatment plant in June last year, after being ordered to do so by the Northland Regional Council.

The district council had to double the capacity of the treatment plant in order to comply with a condition of the plant's resource consent, issued by the regional council.

Northland Federated Farmers spokesman Bill Guest said the oyster farmers were looking forward to today's case, which was expected to last four weeks.

Mr Guest said the farmers, who at one stage produced about 20 per cent of New Zealand's export oysters, wanted justice and hoped the court case would provide it.

"They've been waiting four years for this and want somebody held accountable for their losses," he said.

Mr Guest said despite the upgrade, the Kawakawa sewerage plant has not tested to see if it has the capacity to deal with the Norwalk virus.

Far North mayor Yvonne Sharp declined to comment on the case as the matter was before the court.

Meanwhile, the oyster farmers want their farms reopened as many have had to meet on going costs associated with maintaining their leases on the seabed the farms are sited.

However, Northland Health and the NZ Food Authority wants virus testing carried out before allowing the farms to reopen. The cost of the testing is estimated at $250,000.

It would cost a further $100,000 to test the Kawakawa Sewerage Plant to see if it is capable of killing the Norwalk-like virus.

But even if the testing is carried out there is no guarantee the farms would be reopened, as there are no national standards to determine suitable levels Norwalk-like virus.

There are also concerns from overseas markets about the status of the water quality in Waikare Inlet.

The farmers say they've already spent $200,000 in legal costs and consultants fighting their case and are raising a further $400,000 to fund their claim for compensation against the district council.

- NORTHERN ADVOCATE (WHANGAREI)