“That drain discharged in turn to the Oakley Creek,” the court decision said.
A residential development site where new apartments were being built included exposed earthworks.
Site owner Consit had obtained consent for the works, which Nebula Homes was doing.
Zhao was responsible for overseeing development.
Nebula Homes faced two charges: using land in a way that contravened rules, and discharge of a contaminant.
Zhao faced one charge relating to the discharge of the contaminant.
An abatement notice was issued to consent-holder Consit.
Subsequent discussions took place between Zhao and Nebula Homes in relation to the terraced housing development and its non-compliance.
Zhao was forthright in accepting responsibility and in his affidavit, he apologised for his actions, the decision said.
He indicated he had undertaken further training, made donations to groups monitoring water quality and sought to utilise those skills in future work.
He holds a building practitioner’s licence.
The council’s starting point on the fine was $50,000 and the decision said it cited a number of cases where fines varied.
Zhao holds a visa granting permanent residence in New Zealand.
“We recognise that there has been a cost to the council in taking this action, and the entry of a guilty plea has made it clear that their actions were justified and that the defendant would otherwise be convicted,” the judge said.
Zhao was ordered to pay $5000 to the council and a further hearing will be held.
If that money is paid, he will be discharged without conviction, the judge said.
Anne Gibson has been the Herald’s property editor for 26 years, written books and covered property extensively here and overseas.
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