Farmer loses claim for compensation
A Hauraki resident has been unsuccessful in requesting compensation from the district council for alleged loss of income over a pile of silt left on grazing land.
The claimant, who lives at Whiritoa, made a claim against Hauraki District Council for compensation for loss of income and costs incurred because of work undertaken by the local government organisation. In March 2018, the council believes a weather event resulted in a slip upstream of the claimant’s property, creating a dam.This then broke and a large volume of silt washed down the stream and filled in the watercourse that runs through the claimant’s land.
The stream forms part of council’s stormwater network and staffers cleaned the silt from the stream and deposited it with the intention of removing it.
The residents usually purchase 12 lambs each year, raise them, and subsequently sell them. According to the council’s group manager of engineering services, Adrian de Laborde, the claimant said last year they received poor prices for the stock.
The allegation being made – and the basis for the compensation claim – is that the loss in income is directly attributable to the poor condition of the stock as a result of a loss in grazing due to the silt stockpiled on the land.
The claimant requested compensation amounting to $3831; $1331 for the loss of income due to the poor condition of stock and reduced income from sales; and $2500 for ‘‘additional losses of production and costs in maintaining the weeds etc around and on the mounds of dirt’’.
The council voted unanimously not to award compensation. ‘‘The issue of whether it directly affected the stock or not, in a year like we have had, is debatable,’’ Paeroa councillor Carole Daley said.
‘‘In all things, we need to be fair and reasonable, and we need to have a procedure going forward about something like this, and our responsibility for removing the excess product that was stockpiled there. I think something should have been decided before now ... but if we pay for this, on the understanding it affected their stock, then we are opening ourselves up for a lot more in the future.’’