A Wanaka landowner has been fined $20,000 and ordered to carry out about $100,000 of replanting after admitting illegally clearing indigenous vegetation last year in what is described as a "misunderstanding".
Allenby Farms Ltd was charged by the Queenstown Lakes District Council under the Resource Management Act after clearing about 9100sq m of native kanuka from a Mt Iron property in 2016.
That was more than a year after director Brian Cleugh was advised by the council that areas of the property had been identified as containing significant indigenous vegetation and/or habitats of significant indigenous fauna, and there was a proposal to include them as a significant natural area (SNA) under its proposed district plan.
With an SNA, resource consent is required to undertake specific activities, including clearing indigenous vegetation.
The proposed plan was notified in August 2015 and the rules took immediate legal effect.
Mr Cleugh had submitted on the proposal, seeking to reduce one boundary and extend another.
During hearings in May last year, the council considered the reduction was not appropriate, but the extension was.
A month later, the council received a complaint about the alleged indigenous vegetation clearance on the property.
During a site visit, council staff and an ecologist found about 3800sq m cleared along the fence/boundary lines, about 3000sq m cleared across four larger areas near the centre of the property and a further 2300sq m cleared for internal tracks.
"The ecologist who accompanied council officers to the property ... confirmed that the vegetation cleared was indigenous vegetation and that [it] is ecologically significant.
"The effect of the vegetation clearance is the loss and fragmentation of indigenous vegetation and habitat within a chronically threatened environment."
Council lawyer Michael Walker said resource consent was required because the width of clearance was "substantially wider" than existing tracks and fence lines, and involved the clearance of trees more than 4m high.
In a written statement, Mr Cleugh said he had arranged for some track and fence line work to be done last May, which had been done many times over the past 50 years.
"Clearance of the fence line was done for the first time [last] year, partially as a fire break and partially to allow access to areas to replace fencing and provide stock access."
A 120 Bero slasher attached to a 21-tonne tracked excavator was used — in the past it had been done using bulldozers, diggers and graders.
"The cleared area was wider than expected, but that was unavoidable because the width of the cleared area was the minimum the machine could achieve."
Mr Cleugh’s statement said the tracks were an integral part of the farming operation and provided a link to the Department of Conservation estate.
"Doc would otherwise have no vehicular access to their land on Mt Iron and are reliant on tracks and on the property to access and maintain their facilities."
Allenby Farms’ understanding was its submission on the SNA was to preserve its position enabling clearing work and Mr Cleugh said he had not been informed consent or permission was required.
The company admitted the charge, which carries a maximum fine of $600,000, in the Queenstown District Court yesterday morning and was sentenced by Judge John Hassan yesterday afternoon.
He found the offending "moderately serious", but from a starting point of $35,000 he reduced the fine to $20,000, taking into account mitigating factors, including remorse.
Allenby had never before appeared in court and had demonstrated a good history in terms of environmental and other community issues.
Mt Iron was a prominent part of the Wanaka landscape and Allenby had a long history of generosity to the community, including allowing access over its land and acting as "environmental stewards".
Further, Judge Hassan said the enhancements the defendant volunteered — which extended beyond remedial planting to include planting a variety of natives — had demonstrated "sincere remorse".
"I find it commendable and ... in keeping with Allenby’s good character."
Judge Hassan directed 90% of the fine be paid to the council and issued an enforcement order for the replanting work, estimated to cost $100,000 exclusive of GST, in accordance with a remediation strategy.