The Southland Times

Landowner, lawyer scathing of council

- Evan Harding

The Southland District Council has been accused of dirty tactics in a bid to “nail” a landowner.

Te Anau Downs station owner Peter Chartres made the accusation at a council meeting last week, in the wake of a long-standing battle against the local authority.

The council had previously applied for enforcemen­t orders to manage what were perceived as unlawful indigenous vegetation clearance practices at the Te Anau Downs station owned by Chartres.

But the case was lost in the Environmen­t Court and in 2022 the council was ordered to pay $300,000 costs to the station.

When the decision was released, Chartres welcomed the ruling clearing him of unlawful vegetation clearances dating back to 2001, and said the council’s approach had been overzealou­s.

At the time, the council’s chief executive Cameron McIntosh and mayor Rob Scott publicly acknowledg­ed the council got it wrong, and vowed to do better.

They asked for an independen­t review of the circumstan­ces which led to the outcome, and any lessons from it.

The review document, prepared by environmen­tal management consultant John Hutching and resource management lawyer Ian Gordon, was released in late 2023 and made 12 recommenda­tions to address council processes and improve services.

The recommenda­tions included that the council urgently review the biodiversi­ty aspects of its district plan.

The review found the council’s performanc­e was not always optimal, but there was no single fault or omission that caused the result, and no single individual could be held most responsibl­e.

Rather, there was a “decade-long concert of factors aligned in a way that was difficult to foresee, difficult to avoid and difficult to navigate”. Chartres, with lawyers in tow, addressed Southland District councillor­s about the independen­t review findings at a council meeting last week.

He expressed extreme disappoint­ment with the review which had been a “complete waste of time” and a waste of ratepayers money.

He and his lawyers were not spoken to by the reviewers so the review could not be called independen­t, he said.

Chartres was astounded the review found that no single individual at the council could be held to be most responsibl­e.

“From our perspectiv­e, the council staff that were at both mediations should have been held directly responsibl­e, along with council’s legal representa­tives.”

Council staff involved in the proceeding­s had been “out of control” and had been able to act without restraint from councillor­s, he believed. “If nothing else, we want councillor­s to act with greater oversight of similar proceeding­s.”

The staff’s key failing was its “overzealou­s and unreasonab­le interpreta­tion of the applicatio­n of biodiversi­ty rules”.

Over the course of the four years he had been subjected to “low, dirty tactics” by the council in an attempt to nail him, and it felt like a personal vendetta, he said.

Barrister James Winchester, acting for Chartres, told councillor­s that he believed the council had been ill discipline­d and had taken a punitive approach that was at times dishonest or sneaky.

He could “only assume” elected councillor­s did not have oversight of the actions of the staff involved in the case. “I have read the review and the inferences that this litigation was driven and fermented by Peter is such an outrageous suggestion it makes my mouth drop open.”

Another of Chartres’ lawyers, Rex Chapman, said Chartres had been portrayed as an environmen­tal vandal, when the opposite was the truth. He had cleared brackenfer­n, regrowth manuka scrub and exotic weeds on the station. “He did not cut or damage, in any way, mature indigenous vegetation, or other significan­t areas.”

Southland District mayor Rob Scott, in a statement after the meeting, said it was important to clarify that the purpose of the independen­t review was not to look at the court decision – the council had already acknowledg­ed its actions were wrong.

“Council accepts that there is significan­t work to do to improve core planning and consenting services, which was part of the reason for commission­ing the independen­t review,” Scott said.

 ?? ?? Peter Chartres, fourth from left, pictured with family members at his Te Anau Downs station, was scathing of the Southland District Council at a council meeting on May 1.
Peter Chartres, fourth from left, pictured with family members at his Te Anau Downs station, was scathing of the Southland District Council at a council meeting on May 1.

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