They incorporated the land development and subdivision business in 2014.
Judge Dickey found that the unlawful discharge had “significant effects on neighbouring properties and the broader environment”.
“Sediment deposits were found downstream and contributed to the cumulative death by a thousand cuts that results from uncontrolled discharges.”
85 John Downs Drive, Browns Bay, North Shore, Auckland – the second site where offending occurred. Photo / Auckland Council
The offending was at 40a Sartors Ave, Northcross and 85 John Downs Dr, Browns Bay.
The court rejected COD’s claim that it was only minimally responsible because contractors had carried out the work.
Judge Dickey ruled that COD, as the landowner and an experienced property developer, had “turned a blind eye” to what was happening on its land.
It had failed to take reasonable steps to prevent harm.
“It would not have taken a great effort to visit and check [the properties]. An experienced company could be expected to know that land cannot be left open, exposed and unchecked for any period of time,” she said.
Auckland Council’s team leader of investigations Paul Cowling, said the case showed the courts do not take breaches of the Resource Management Act lightly.
“It’s a clear signal for property owners, individuals and businesses to make sure they’re compliant with consent conditions and environmental rules. These rules exist for good reasons, to protect the public from nuisance and harm, and to stop damage to our environment,” he said.
The Auckland Unitary Plan required all earthworks to comply with strict erosion and sediment control standards.
These measures must be installed before work starts, maintained during construction, and kept in place until the site is stabilised.
COD won resource consent in November 2020, subject to conditions including proper erosion and sediment management, stabilisation of bare areas, and prevention of discharges onto public roads or neighbouring land.
Council inspections found ongoing non-compliance between January and August 2023, despite repeated warnings and the issue of an abatement notice in May 2023.
Sediment from the sites flowed onto neighbouring properties and into waterways, with one neighbour’s garage damaged by runoff.
Anne Gibson has been the Herald‘s property editor for 25 years, written books and covered property extensively here and overseas.
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