Sediment laden discharge in the Mitchell Stream on 18 June 2020. Photo: Supplied by Greater Wellington Te Pane Matua Taiao
Developers behind a housing project in Porirua have been fined more than $93,000 for unauthorised earthworks and discharge into the Mitchell Stream - a habitat for indigenous fish species.
Greater Wellington Regional Council (GWRC) laid charges against four companies associated with the Kenepuru Landing housing development, for offending that happened between 1 June 2020 and 31 March 2021.
Kenepuru Limited Partnership, Kenepuru Developments Ltd, Kia Consultants Ltd and Calibre Consulting Ltd were sentenced on 22 charges at the Environment Court in Wellington.
Kenepuru Limited Partnership had a resource consent for earthworks which carried conditions, such as the requirement to stabilise earthworks during the winter shutdown period every year.
GWRC said the company failed to comply in 2020, which led to significant discharges of sediment to the Mitchell Stream - a known habitant for inganga spawning and other at-risk indigenous fish species.
The Mitchell Stream is a tributary of Porirua Stream which flows into Te Awarua-o-Porirua Harbour.
Unstabilised earthworks in a housing project in Porirua on 18 June 2020. Photo: Supplied by Greater Wellington Te Pane Matua Taiao
Kenepuru Limited Partnership was given an abatement notice in June 2020, but did not comply with the notice.
The discharges continued until the end of March in 2021.
Judge Brian Patrick Dwyer said the discharge of sediment was the most significant contaminant in New Zealand's rivers and coastal waters.
"That is a major environmental problem in the case of Porirua Harbour and should be recognised as a factor in sentencing for discharges which ultimately end up there,
"Even if the individual effects of any one such discharge are minor. Strict compliance with conditions of consent managing sediment output from developments in the harbour catchment is a matter of major importance," he said.
Judge Dwyer ruled the effects of the Covid shutdown on the stabilisation programme was a mitigating factor on the defendants' culpability.
Discounts were also given for early guilty pleas.
GWRC's environment group manager Lian Butcher said the regional council only pursues convictions as a last resort.