Council backtracked over third wetland case
Botched prosecutions of landowners – which cast doubt on how wetlands are defined – forced a regional council to backtrack over a third case.
Property developer Stuart Adams is suing Greater Wellington Regional Council for $20 million over failed enforcement action.
The Environment Court threw out the case, saying the council could not prove the existence of natural wetlands on a planned subdivision in Whiteman’s Valley, Upper Hutt.
Despite hearing evidence that suggested the scientific testing was flawed in Adams’ case, the council pressed ahead with another conviction that resulted in farmer Adrian Page being wrongfully imprisoned. He and partner Julie Crosbie, who was also prosecuted, are also set to sue.
Now The Post can reveal that the council was forced to withdraw an abatement notice in a third case, after the court ruled in Adams’ favour.
Notices are served for breaches of environment law the Resource Management Act, but the regional council has declined to provide further details.
In all three cases, the council had relied on an assessment by senior environmental monitoring officer Owen Spearpoint. He was using the Clarkson method, which focuses solely on vegetation, and is used by regional councils across the country, under Ministry for the Environment guidelines.
On losing the Page/Crosbie case in March, council officials wrote to MFE about potential improvements to the Clarkson method.
The Court of Appeal had said the method was unfit for RMA prosecutions, because the legislation defines wetlands as a natural ecosystem of adapted plants and animals, not just plants.
“Greater Wellington constantly reviews its practices in line with national guidance, legislation and the environment it operates
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in,” environment group manger Lian Butcher said in response to questions from
“The Court of Appeal judgment provides us with direction that the Clarkson method needs to be strengthened when considering criminal prosecution standards. We have informed the Ministry for the Environment on any potential further improvements based on this judgment.”
MFE said its protocol used three criteria for identifying and delineating wetlands – the Clarkson method for vegetation, the Hydric Soils Tool, and a hydrology tool.
“This reflects the best practice approach internationally,” a spokesperson said.
“We have held discussions with Greater Wellington Regional Council following the recent cases, and the ministry will continue to work with councils to determine the next steps.”
In December, the Government said it would scrap the National Policy Statement for Freshwater Management, implemented in 2020.
This “provides an opportunity to address challenges around wetlands highlighted by the recent cases”, the spokesperson added.
The Court of Appeal overturned convictions on 29 of 35 charges relating to Crosbie’s Kāpiti property. Page had served six weeks of a three-month sentence in Rimutaka Prison over Christmas 2021, which the court said was a miscarriage of justice.