Aspen Ridge Developments and its director, Martin O'Neill, have been ordered by the Environment Court to pay more than $6000 to the Queenstown Lakes District Council for refusing to comply with the terms of consent and exhibiting behaviour which may even amount to an abuse of process.
In his decision, dated January 28, Judge Jon Jackson said the council lodged an application for enforcement orders against the company and its director on August 20, 2010, seeking compliance with several conditions of the consent for the site at Lordens Pl, Fernhill.
A notice of opposition was not filed, but Mr O'Neill had emailed the council stating he was prepared to do whatever it took to comply with the abatement notices that had been issued.
In November, the court issued an enforcement order requesting the respondents carry out all the required works by December 1.
Mr O'Neill, who was based in Indonesia, was ordered to stem stormwater flow and sediment runoff after neighbours complained. villas.
He was also required to replace kerbing and channelling on access ways and clear gravel deposits from drains and sumps.
The council subsequently applied to the Environment Court for costs of $6653.98 - $3787.80 of which was legal costs, with the remainder attributed to Lakes Environmental Ltd costs.
The council stated the unlawful activities of the respondents had first come to its attention on May 6, 2008.
Since then, there had been numerous site visits by council contractors and ongoing correspondence with the respondent.
"The respondents have failed to respond to [the council's] requests to comply with the terms of its consent, they have failed to play an active role in the enforcement proceedings before this court and, after informing the [council] they would do anything to remedy the situation, the respondents in fact have done nothing to comply with the court's order," Judge Jackson said.
"I concur with the submission of the [council] that this behaviour shows a blatant disregard for the seriousness of the situation.
"It is my view that this behaviour... may even amount to an abuse of process..." he said.
