The Post

Council backtracke­d over third wetland case

- Andrea Vance The Post.

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.

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 ?? DAVID UNWIN/THE POST ?? Adrian Page served six weeks of a three-month sentence in Rimutaka Prison over Christmas 2021 after a botched Environmen­t Court prosecutio­n.
DAVID UNWIN/THE POST Adrian Page served six weeks of a three-month sentence in Rimutaka Prison over Christmas 2021 after a botched Environmen­t Court prosecutio­n.

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