Auckland Contractor Cops Hefty Fine For Environmental Offences

Saturday, 26 October 2024, 7:45 pm
Article: Torika Tokalau - Local Democracy Reporter

A south Auckland contractor who caused significant environmental damage has been handed one of the largest fines in recent history for resource management breaches.

Prameet Sharma was fined $144,500 and ordered to pay $11,575 in reparations for illegal earthworks and environmental contamination at his Drury property at Judge Richardson Drive.

Sharma was convicted on three charges, including breaching an abatement notice, depositing contaminated fill, and conducting unauthorised earthworks exceeding legal limits.

In a written statement, Auckland Council said the court heard that between 2015 and 2022, Sharma allowed illegal earthworks on his property, depositing over 33,900 cubic metres of contaminated fill, far exceeding the permitted consented limit of 5000 cubic metres.

The fill, which included asbestos and other harmful materials, was found to have travelled onto neighbouring properties, causing land instability, and damaging ecosystems.

Auckland District Court Judge Lauren Semple described the environmental harm as significant and long-lasting, and the effects of the offending on the environment as serious.

"Even once remediated, the site will remain a HAIL (Hazardous Activities and Industries List) site with 'no build' areas, which is a significant consequence of Mr Sharma's actions," Semple said.

She emphasised Sharma's culpability, noting he ignored repeated warnings and enforcement actions from Auckland Council from as early as 2015.

"Despite receiving abatement and infringement notices, Mr Sharma continued illegal activity.

"His disregard for the legal process and expert advice resulted in long-term environmental damage."

The judge rejected claims Sharma was merely trying to resolve issues arising from the council's changing parameters.

"Mr Sharma chose to continue undertaking earthworks in breach of his consent."

Council team leader investigations David Pawson said the ruling was a strong stance from the court in upholding the integrity of environmental laws.

"[It] sends a clear message to the public regarding the consequences of non-compliance," Pawson said.

"The decision highlights the importance of holding an offender accountable to prevent similar violations in the future."

The court ruled out a discharge without conviction, finding the seriousness of the offences and their ongoing impacts warranted a significant penalty.

While the court acknowledged enforcement orders were issued to Sharma in 2024, Semple noted no remediation had taken place despite these order.

Semple refused to grant credit for remediation work, stating that returning the land to a compliant state was the bare minimum requirement.

The reparation cost was for Sharma's neighbour whose property was damaged due to the migration of contaminated fill.

The fine was the largest handed down to an individual in recent years for breaches of the RMA.

LDR is local body journalism co-funded by RNZ and NZ On Air.

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