A developer has been fined $48,750 for unlawful earthworks at two North Shore properties, after “turning a blind eye” to the damage it was causing.
COD Crown Projects Limited had pleaded guilty in the Environment Court to two charges under the Resource Management Act, relating to unauthorised earthworks and sediment discharges at sites in Browns Bay and Northcross.
It resulted in significant sediment discharge and breaches of the Auckland Unitary Plan.
The case is one of about 20 Auckland Council prosecutions this year for breaches to the RMA and Building Act. A number of cases are still in various stages of court, awaiting decisions.
Paul Cowling, the council’s team leader investigations, said in a statement the most recent case showed the courts did not take breaches of the RMA lightly.
“It’s a clear signal for property owners, individuals and businesses to make sure they’re compliant with consent conditions and environmental rules,” Cowling said.
“These rules exist for good reasons - to protect the public from nuisance and harm, and to stop damage to our environment.”
The Auckland Unitary Plan requires all earthworks to comply with strict erosion and sediment control standards.
Cowling said those measures must be installed before work started, maintained during construction, and kept in place until the site was stabilised.
COD was granted resource consent in November 2020, subject to conditions including 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 between January and August 2023, despite repeated warnings and the issue of an Abatement Notice in May 2023.
Sediment from the sites flowed onto neighbouring properties and into waterways, with one neighbour’s garage being damaged by runoff.
In her decision, Judge Melinda Dickey found that the unlawful discharge had “significant effects on neighbouring properties and the broader environment”.
She noted the sediment deposits were found downstream and contributed to the cumulative “death by a thousand cuts”, that resulted from uncontrolled discharges.
The court rejected COD’s claim that it was only minimally responsible because contractors had carried out the work.
Judge Dickey ruled that COD, as the landowner and an experienced property developer, 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 properties],” Judge Dickey said. “An experienced company could be expected to know that land cannot be left open, exposed and unchecked for any period of time.”
Cowling said the outcome from the court reinforced the responsibility that all landowners must actively manage their sites to mitigate the impacts on others and the environment.
“You can’t simply hand over a property and walk away; ultimately, the owner is accountable. This decision reinforces the importance of good oversight, proper controls, and compliance with the RMA.”
According to the council, $682,827 in fines were issued in the last year for breaches of the RMA and Building Act, which included unconsented dwellings, illegal earthworks, unlawful construction and illegal converting of properties.
In one of the most recent cases, a business and an individual were fined a total of $138,600 for multiple breaches of the RMA, including illegal earthworks at two Warkworth sites.
LDR is local body journalism co-funded by RNZ and NZ On Air.
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