There was “no doubt that sediment continued to leave the property”, despite the installation of controls at the site, Judge Smith said.
Auckland construction company UCon Construction has been fined $35,000 after sediment and concrete slurry repeatedly escaped from a townhouse development site in Turama Rd, Royal Oak in 2024. Photo / Auckland Council
Auckland Council compliance officers first raised concerns during a site visit in March 2024, and further inspections in July showed sediment controls remained inadequate, the court was told.
Abatement notices were issued requiring the discharges to stop.
The company’s lack of ongoing oversight earned a rebuke from Judge Smith.
“The fact that the defendant did not improve their vigilance and oversight of the structures to ensure they did not fail is the more serious aspect of this offending.”
The company did take some steps to remove sediment from the road, but this didn’t excuse the breaches, Judge Smith said.
“This does not excuse the offending, but it does show that there was at least an attempt to make good on some of the effects.
“[And] while I accept that this [offending] may have been due more to inattention and lack of oversight than a wilful or deliberate attempt to subvert the rules, the effect was nevertheless that sediment continued to escape.”
In sentencing, Judge Smith started at a $50,000 fine, reduced to $35,000 after a 25% discount for early guilty pleas and a further 5% discount for attempts to clean up the site.
Auckland Council last year issued 330 infringement notices and 1110 abatement notices because developers had failed to meet environmental requirements.
The case highlighted the importance of developers meeting their environmental obligations, the council’s investigations’ team leader Paul Cowling said.
“Construction activity can generate significant sediment runoff if sites are not properly managed. Resource consents, erosion and sediment control rules exist to protect Auckland’s waterways and harbours.
“Developers must follow those requirements and respond promptly when issues are identified.”
The council’s Closing the GAP compliance programme was helping lift standards across the construction sector, with four programme officers inspecting more than 1400 construction sites each month to ensure sediment controls were in place.
The programme was nearing its 70,000th inspection, with compliance rates having climbed to about 90% – the highest recorded, Cowling said.
There were 330 infringement notices and 1110 abatement notices issued where developers had failed to meet environmental requirements last year.
Abatement notices must be taken seriously, he said.
“Ignoring them or failing to maintain sediment controls can lead directly to prosecution.”
UCon Construction’s prosecution was a reminder proper oversight and maintenance of erosion and sediment controls were essential on construction sites.
“Developers have a responsibility to ensure sediment stays on site, not in Auckland’s stormwater system, polluting our waterways.”