Judge Jeff Smith supports Environment BOP's argument that forestry consultant PF Olsen Limited can be convicted for offences that were originally laid summarily, in a now released reserved decision.
PF Olsen Ltd faces two charges under the Resource Management Act 1991.

They date from April 2008 when five slash piles collapsed following heavy rain in the Waiotahe Forest near Opotiki. Large amounts of slash, debris and sediment slid down from ridges into valleys and streams.
Environment Bay of Plenty received a complaint that debris from PF Olsen Ltd's collapsed skid sites blocked streams on an adjacent property.
EBOP claims the collapse of the skid sites caused significant erosion and that at least two streams in the area were completely blocked in places and partially blocked in others with a combination of woody debris, sediment and logs.
PF Olsen Ltd has not entered a formal plea. The company argued the offence is an infringement and that people found guilty of infringements cannot be convicted for the same offence.
Environment BOP argues it can either issue an infringement notice, or prosecute where there is serious environmental damage.
Judge Jeff Smith's verdict supports Environment BOP.
He says the infringement fines bear no relation to the penalties available under a conviction.
The infringement fine for the polluting offences is $750, with a $300 infringement fee for breaching the operative plan.
Environment BOP submitted it cost $250,000 to clean up the mess and wanted fines to start at $135,000 to $150,000. PF Olsen's lawyers argued fines start at about $40,000.
'The regional council takes environmental damage seriously and it is only fair that people found guilty of serious offences have convictions recorded against them,” says regional council chief executive Bill Bayfield.
'We believe that recording a conviction for a serious offence acts as a significant deterrent to any future breaches by a party.”
Judge Smith has directed a teleconference with the parties on December 1, to address the next steps in the case.