Taranaki farmer pleads not guilty to charge of failing to fix illegal earthworks

Colin Boyd was found guilty of undertaking unconsented earthworks on his Inglewood farm in 2022. Photo / RNZ / Robin Martin

By Robin Martin of RNZ

A Taranaki farmer — handed a $95,000 fine for redirecting a stream on his property — has pleaded not guilty to charges of failing to fix the damage.

In 2022, Colin Boyd was found guilty of undertaking unconsented earthworks on his Inglewood farm involving a section of the Mangatengehu Stream three years earlier.

An appeal against the sum of the fine was dismissed in 2023.

Open Justice reported that between October and November 2019 Boyd carried out a “significant amount” of earthworks in and around a section of the Mangatengehu Stream at his Surrey Rd, Inglewood farm.

The work included diverting the stream in an effort to reclaim part of its bed.

As a result, there was a discharge of sediment into the stream due to the silt and sediment controls being inadequate.

As well as the hefty fine Boyd, who was in his 80s, was ordered to undertake remedial works.

In the Environment Court on Tuesday, Boyd denied charges of failing to do that work arguing the Taranaki Regional Council — which brought the charges — now agreed he had not altered a stream.

Boyd, who represented himself and was supported by an engineer, said he had done everything he could to do the remedial work.

“The reason I couldn’t progress to the end was the fact we were trying to dig another drain somewhere it was not needed.

“There was no water of any sort.

“Council considered it was a river. There’s no river, there’s no water.”

Boyd said council staff had visited his farm “and they agreed with me that what I was asked to do at square one [reinstate the stream] was not possible”.

“So, I believe at this point, if the council thought hard about it they would drop that charge and walk away from it.”

TRC lawyer Karenza de Silva said the points Boyd raised were not accepted by council and had been considered as part of a disputed facts hearing that had ruled in favour of the TRC.

She said council had accepted a plan for the necessary remedial work and it was waiting for iwi approval before resource consents could be sought.

De Silva said council was anxious to get a fix under way as soon as possible.

Boyd was the sole director of Mile Square Farms Ltd, the company which had owned the 480ha dairy farm, also used for quarrying and land farming activities, for about 25 years.

Boyd was due to reappear in April where he would be asked to choose between a jury and a judge alone trial on the charges of failing to undertake remedial works.

- RNZ