Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 

Waiheke resource consent conviction upheld


MEDIA RELEASE

6 April 2004

Waiheke resource consent conviction upheld

The Court of Appeal has upheld convictions against Waiheke developers Graeme Ross and Dallas Pendergrast in a case involving a Waiheke land development.

Judge McElrea entered the convictions against the men and their company, Gillies Waiheke Limited, in the District Court on 14 December 2001. The conviction was in regard to development carried out by the company in which earthworks carried out were more than three times the volume allowed in the resource consent. Some 2300m2 of earth was shifted, 1535m2 more than the 765m2 allowed for in the consent. The case against the men and their company was brought by the Auckland City Council.

A key issue in the case was whether there was a restriction in the resource consent for the development limiting earthworks to a certain amount. The defendants tried to invoke section 19 of the Criminal Justice Act, which provides the authority for a discharge without conviction in appropriate cases, claiming that they had acted responsibly and taken reasonable steps to ensure the legal requirements of the Resource Management Act were met. The court, however, found that the restrictions were present and ruled against the couple.

Following the Court of Appeal judgement, Pendergrasts and Gillies Waiheke Limited are liable for $12,000 – the total fine imposed against them by the District Court – together with costs in favour of the council.

Greg Reid, the council’s team leader for Hauraki Gulf Islands compliance monitoring believes that the case can be considered a clear example of the consequences incurred for breaching conditions of resource consents. “Resource consents are given for a very good reason – as a way for council to manage the effects developers have on the environment.

Significant earthworks in particular can have a number of impacts on the surrounding environment such as sediment run off, clogging of waterways and destroying of local flora and fauna,” Mr Reid says.

The court stated that, if the convictions had been dismissed, it would mean that there would be no convictions following serious environmental infringements. That, in the court’s view, would work against the concept of general deterrence and protection of the environment.

Ends

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Veronika Meduna: The Kaikoura Rebuild

A Scoop Foundation Investigation

Friday will be a big day for people north of Kaikōura – and for hundreds of construction workers who are racing to reopen State Highway 1 in time for the holiday season.

By the afternoon, the South Island’s main transport corridor will be open to traffic again, more than a year after a magnitude 7.8 earthquake mangled bridges and tunnels, twisted rail tracks and buried sections of the road under massive landslides. More>>

 

BPS HYEFU WYSIWYG: Labour's Budget Plans, Families Package

“Today we are announcing the full details of the Government’s Families Package. This is paid for by rejecting National’s tax cuts and instead targeting spending at those who need it most. It will lift 88,000 children out of poverty by 2021." More>>

ALSO:

Gordon Campbell: On Defence Spending, Alabama, And Dolly Parton

The spending lavished on Defence projects to meet the risks that could maybe, possibly, theoretically face New Zealand in future is breath-taking, given how successive governments have been reluctant to spend even a fraction of those amounts on the nation’s actual social needs. More>>

ALSO:

Members' Bills: End Of Life Choice Bill Passes First Reading

The End of Life Choice Bill in the name of David Seymour has been sent to a select committee for consideration by 76 votes to 44. It is the third time Parliament has voted on the issue in recent decades and the first time such a Bill has made it over the first hurdle. More>>

ALSO:

State Sector: MPI Survives Defrag Of Portfolios

The Ministry for Primary Industries will not be split under the new government, but will instead serve as an overarching body for four portfolio-based entities focused on fisheries, forestry, biosecurity and food safety. More>>

ALSO:

Gordon Campbell: On Vulnerable Kids, RNZ Funding, And Poppy

The decision to remove the word ‘vulnerable’ from the Ministry for Vulnerable Children could well mark a whole shift in approach to the care of children in need... More>>

ALSO:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

Featured InfoPages