A farming couple is convicted of intentionally draining a recognised wetland in order to increase pasture land and farm production.
The couple, from PioPio, were convicted of offences under the Resource Management Act and are facing fines of over $73,000.
A case was brought before the courts by the Waikato Regional Council after a series of events in 2008, following the purchase of the farm by William and Pauline Burr.
The farm, situated on State Highway 3 south of Te Kuiti, contains the Arapae Wetland.
This wetland is recognised by the RAMSAR convention and is home to a threatened indigenous fish species and significant native vegetation.
Council says prior to purchasing the property, the Burrs received advice from the Department of Conservation and the regional council as to the significance of the wetland and restrictions on what activity can occur that may impact on the wetland.
The council says despite this instruction, the Burrs immediately started unlawful works.
Judge Harland described the offending as 'energetic” stating that 'Mr Burr was moving forward at a very fast pace and the impression I gained was that he was not stopping for anyone”.
Judge Harland ruled this activity has caused significant environmental effect and has ordered a remediation plan be placed before the court by March 2.
This plan is to detail how the remediation of the wetland can best be completed by the Burrs.
William Burr pleaded guilty to six charges brought by the council.
Judge Harland has indicated an end fine of $73,102 for Burr, but will defer a final decision on the fine until the costs of the remediation plan can be determined.
Judge Harland stated Burr 'was reckless in his approach to his legal obligations because he was highly motivated to fulfil his objective, which he had had for some time, to develop the property as an adjunct to the home farm dairy operation”.
Pauline Burr pleaded guilty to three charges and has been convicted, but will face no fine as this will 'encourage Mrs Burr to take an active role in the management of the remediation rather than simply relying on her husband to deal with matters”.
'Getting such clear direction from the court for the wrongdoer to remediate this significant natural resource is an excellent result,” says the council's investigations and complaints manager Patrick Lynch.
'This has been a protracted case for the council and we still have some way to go.
'We have been particularly concerned about the deliberate nature of the offending by Mr Burr.
'He chose to ignore the clear warnings given to him prior to his purchase of the property and now he is being held accountable.”



2 comments
Dairy farming by a wetland...
Posted on 12-01-2012 09:51 | By the_fourth_estate
Well if there has ever been a farmer that fits the negative stereotype stalking the Dairy industry this is a walking talking example for sure. Hopefully in the minority and on the way to becoming an extinct species. A lingering question - should there be ANY dairyfarms next to wetlands? I can't see how it could be a sustainable coexistence of the two systems?
Greedies
Posted on 12-01-2012 13:35 | By Writerman
These people are irresponsible idiots and it is a sghame they weren't fined into bankruptcy for such a calculated and cynical act. Too many people in Aotearoa put the short term dollar gain ahead of all else.
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