$60k fine for stream diversion
An Inglewood farmer who moved a stream on his property has received one of the largest fines issued by the Environment Court in Taranaki.
Colin Boyd was found guilty of diverting a stream through his property in May but yesterday was fined $60,000 in the Environment Court after being prosecuted by the Taranaki Regional Council.
A jury found Boyd guilty of diverting the stream - which he said occurred naturally due to a flood - on May 26 but Judge Craig Thompson said it was clear it had been a deliberate attempt to improve the quality of his farm.
Following an inspection by the Taranaki Regional Council on November 12, 2013 it was found Boyd had carved a 430 metre trench in order to divert almost a kilometre of stream.
Boyd’s lawyer Colin Withnall QC maintained his earlier defence that minor works on the farm had been enhanced by flooding in September 2013 causing the stream to divert into a straight line.
Withnall said the stream was now ‘‘a lot more stable than it was in its natural state’’ but did not want to downplay the effect the diversion had on the environment.
‘‘The starting fine of $100,000 overstates the seriousness of the offence,’’ he said.
‘‘This is his first time before the courts and fixing the damage has been a very expensive exercise which in itself is a deterrent.’’
Thompson said it was plain the jury deliberating over the case did not believe Boyd’s story.
‘‘Had I been the decision maker I have to say I would not have believed you either,’’ he said.
‘‘Nearly one kilometres of the original stream was affected either directly or indirectly.’’
Thompson said the diversion had had a significant impact on the animal life in the stream as well as on sediment and silt which wreaked havoc further downstream.
‘‘It’s plain from what I’ve seen there was no attempt to comply with council and the alteration was made to optimise the use of Mr Boyd’s land,’’ he said.
‘‘The area surrounding the stream you considered untidy and wished to improve it.
‘‘Parts of the former stream had been dammed, banks had been cut vertically and were eroding at points and two drainage channels had been cut to divert storm water.’’
Thompson said although Boyd had acknowledged the damage he had caused he still pleaded not guilty.
‘‘Contrition comes a little late as an acknowledgement of guilt,’’ he said.
Thompson issued a $60,000 fine to Boyd which was to be spread across eight charges arising from the stream diversion.
The fine was close to the largest Taranaki Regional Council Resource Management Act fine to date of $66,000 which was issued in 2015 to Rahotu farmer Francis John Mullan for discharging effluent into groundwater and a stream on one of his eight farms.
Regional council director of resource management Fred McLay said the court’s decision reflected the ‘‘seriousness of illegal actions’’.
‘‘[He] is a strong reminder that the Taranaki Regional Council will not hesitate to take enforcement action against those who do not fulfil their obligations to the environment and to the community,’’ he said.
Each of the eight charges Boyd faced carried a maximum penalty of $300,000.