A prosecution of a land developer under the Resource Management Act by Auckland Council has resulted in a conviction and fine. It came about after repeated warnings and enforcement action by the Council.

The developer was fined $48,750 following unauthorised earthworks and failures to control sediment discharges on Auckland's North Shore.

The company was granted resource consent with conditions that included proper erosion and sediment management, stabilisation of bare areas and prevention of discharges onto public roads or neighbouring land. 

However, council inspections found ongoing non-compliance issues, despite repeated warnings and the issuance of an Abatement Notice. Sediment from the sites flowed onto neighbouring properties and into waterways.

The court rejected the company’s claim that it was only minimally responsible because contractors had carried out the work. The Judge found that as the landowner and an experienced property developer, the company had “turned a blind eye” to what was happening on its land and failed to take reasonable steps to prevent harm.  “It would not have taken a great effort to visit and check,” the Judge said.

Note: RMA fines are no longer insured under statutory liability insurance. However, the legal defence costs are and these are often substantial and could be greater even that the fine imposed.