\u201cThat drain discharged in turn to the Oakley Creek,\u201d the court decision said.<\/p>\n
A residential development site where new apartments were being built included exposed earthworks.<\/p>\n
Site owner Consit had obtained consent for the works, which Nebula Homes was doing.<\/p>\n
Zhao was responsible for overseeing development.<\/p>\n
Nebula Homes faced two charges: using land in a way that contravened rules, and discharge of a contaminant.<\/p>\n
Zhao faced one charge relating to the discharge of the contaminant. <\/p>\n
An abatement notice was issued to consent-holder Consit.<\/p>\n
Subsequent discussions took place between Zhao and Nebula Homes in relation to the terraced housing development and its non-compliance.<\/p>\n
Zhao was forthright in accepting responsibility and in his affidavit, he apologised for his actions, the decision said.<\/p>\n
He indicated he had undertaken further training, made donations to groups monitoring water quality and sought to utilise those skills in future work.<\/p>\n
He holds a building practitioner\u2019s licence. <\/p>\n
The council\u2019s starting point on the fine was $50,000 and the decision said it cited a number of cases where fines varied.<\/p>\n
Zhao holds a visa granting permanent residence in New Zealand. <\/p>\n
\u201cWe 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,\u201d the judge said.<\/p>\n
Zhao was ordered to pay $5000 to the council and a further hearing will be held. <\/p>\n
If that money is paid, he will be discharged without conviction, the judge said.<\/p>\n