Council prosecution successful

Council are pleased that a court has handed down a significant fine of $15,000 to an individual for illegal clearance of vegetation and discharging the material to a waterway on his property.

Luke Hansen was sentenced at Hastings District Court on Monday, having been found guilty last month at Gisborne District Court for a breach of section 15 of the Resource Management Act 1991.

Acting Environmental and Regulatory Services Group Manager, Lois Easton said Council undertook the prosecution because of the significant environmental effects on both land stability and the aquatic ecosystem values of the stream, which is a tributary of the Waimata River.

“Streamside vegetation particularly in gullies is critical for the ecological health of streams as well as to maintain land stability.

“Council has an obligation under the RMA to enforce our District Plan rules and RMA legislation, and we will investigate any offending and place offenders before the courts.

“We’d like to acknowledge the efforts of our staff who put in a tremendous amount of work to prepare and provide the documentation, specialist evidence and testimony that ultimately led to a successful conviction.”

Mr Hansen applied to the court to have his conviction discharged and court costs compensated however this was not accepted.

In summing up, Judge Thompson described the offending as 'near reckless' and stated he wished to send a clear message to others in the community as a deterrent, that ignoring conditions on resource consents could expect to have consequences.

Ms Easton noted the fine would have been higher, had Mr Hansen not undertaken remedial works on his property in response to the Council taking the prosecution.

“We remind all landowners that resource consents are required for vegetation clearance in many areas as it can have a significant impact on land stability and water quality, and the Council does monitor and enforce consents.”

Anyone with questions on rules or resource consents can contact us on 06 867 2049 or by email to services@gdc.govt.nz .

ENDS

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