Council Position Upheld by Environment Court
17 October 2013

Costs of $34,500 have been awarded against Titahi Bay resident Brian Warburton after taking Porirua City Council and the Greater Wellington Regional Council to the Environment Court.

Mayor Nick Leggett said in the decision released yesterday, Environment Court Judge B P Dwyer suggested that the Council would be failing ratepayers if it did not seek to recover its costs.

Judge Dwyer ordered Mr Warburton to pay PCC $19,700 and GWRC $14,800.

Mayor Leggett says the two Councils had to respond to the proceedings filed by Mr Warburton and this action had cost ratepayers of both Councils over $86,000.

“The judge dismissed Mr Warburton’s appeal and invited the parties to make submissions on costs, subsequently determining an award which is still only 40% of the total amount, and this was paid for by ratepayers.”

Mr Warburton submitted his application to the Court in July 2012 under s 311 of the Resource Management Act 1991. He sought declarations that the Council had acted illegally by placing rock and gravel on a watercourse on Titahi Bay beach without resource consent. The waterway carries discharge from the Council’s stormwater network. He also wanted GWRC to take enforcement action against PCC. Before work was undertaken PCC had sought advice from GWRC and had been advised that resource consent was not required.

The main issue the Court had to determine was whether or not the watercourse across the beach was considered a river under the Resource Management Act – if it had been then resource consent would have been needed. The Court found that it was not a riverbed - and Mr Warburton’s application was declined.

ENDS

© Scoop Media