Using a digger to clean out a channel of the Pool Burn, Central Otago, during last year's trout spawning season resulted in a series of fines totalling more than $35,000 in the Dunedin District Court this week.
Oliverburn Farm Ltd was fined $10,700, court costs $130, solicitors fees $113 and disbursements of $772 after admitting a joint charge of disturbing the bed of a river contrary to the Resource Management Act.
Rex Gibson, a shareholder and director of Oliverburn Farm Ltd, also admitted the charge and was fined the same amount, plus costs.
Weir Contracting Ltd, the Ranfurly-based firm contracted to undertake the work, also admitted the count and was fined $7100, plus costs.
Wayne Weir, a shareholder and director of the company who managed its operations, likewise pleaded guilty and was fined $7100, plus costs.
Alastair Logan appeared for the Otago Regional Council and Bridget Irving for the defendants at the sentencing on Wednesday.
Judge Brian Dwyer heard that Oliverburn Farm Ltd owned a farm in the headwaters of the Pool Burn and Mr Gibson had engaged the contracting firm to clean out by digger the bed of the Pool Burn, through the Oliverburn landholding.
Mr Weir arranged for one of his employees to undertake the work.
An employee took a digger on site on May 19 last year and by May 21, the driver had cleaned out the Pool Burn channel over a 1.3km distance.
On May 20, two Otago Fish and Game Council officers were conducting a trout spawning survey and noticed the digger operating, and that the water had become discoloured.
They approached the digger driver and explained this was the wrong time to work in the river, as it was in the middle of the trout spawning season.
The officers also noticed freshwater crayfish on piles of dirt dug from the river and pointed this out, advising the driver that it would be desirable to stop working there.
When they left, the work resumed.
Fish and Game reported the matter to the ORC and council enforcement officers went to the area on May 21.
Where work had been carried out, the bed was completely cleared of vegetation, leaving an exposed mud and clay base.
Mr Gibson had explained that the work was being carried out in conjunction with other development work that had recently been consented by the Central Otago District Council.
Mr Weir emphasised that at the time he thought they were doing the right thing.
All defendants said they believed the work involved clearing out a drain, not work on a river.
But the court heard that insufficient care had been taken to determine whether resource consent had been required for the work.
All defendants co-operated with the ORC investigation and the defendants stopped work when requested by the ORC enforcement officers, the court heard.
