Forestry action mooted
Some Tasman district landowners affected by ex-Tropical Cyclone Gita are considering legal action with the aim of ensuring the plantation forestry sector makes some changes.
At a public meeting on Tuesday evening, more than 35 attendees were asked to consider contributing towards the cost of obtaining a legal opinion on whether any entity could be held accountable for the damage to their properties.
Gita hit the region on February 20, dumping heavy rain that led to multiple slips in pockets of Tasman district. The slips brought down large amounts of silt and debris, some of which came from plantation forests. Some landowners still have tonnes of debris and silt on their properties.
Max Clark and Lyn Rombouts live alongside Shaggery Creek, off Motueka River West Bank Rd. Their property was badly affected by the storm after the usually docile waterway turned into a torrent that carried a huge debris load, including vehicles and logs.
Clark said he and Rombouts together with their affected neighbours, Ian and Tracey Ferne, recently looked at the damage, felt the stress of the cleanup and realised ‘‘we owed it to ourselves and also the people in the community to determine if there’d been any wrongdoing here that should be addressed’’.
‘‘Our homes should not be so vulnerable,’’ Clark told the gathering.
The goal was to ensure that any action taken resulted in changes to forestry practices, he said.
‘‘I don’t think any of us are against forestry per se; it’s where and how it’s carried out that is the major concern, and there’s nothing like a solid court decision to make the corporates look up and take action.’’
Rombouts said she and Clark felt respected and well treated by people representing companies and employers ‘‘who have come to our property to assess things . . . and try to find solutions’’.
‘‘They’re not the people who are liable; the entities they work for are liable.’’
Clark said he had approached a lawyer from Wellington for an outline of the process and cost.
‘‘The opinion they would provide in the first instance would indicate . . . the chances of our establishing in court whether there is liability on the part of the entity, and the likely costs of obtaining such a judgment.’’
That initial opinion was expected to cost between $5000 and $6000 plus GST, Clark said.
If the opinion was favourable, those involved would be advised on how best to proceed, possibly forming a group that would act on behalf of the community ‘‘as a sort of class action’’. Separate actions might follow for damages to compensate individuals.
Ross Morton, of Marahau, said the cost of the initial legal opinion was a sound investment. The move was also about protecting anyone downstream of forestry practices that were ‘‘not appropriate’’ for the land type.
Anyone who was not at the meeting who wants to be involved can email lynrombouts@gmail.com or roger@tomorrowsforests.co.nz to contact Rombouts or forestry consultant Roger May respectively.