Unlawful activity in the coastal marine area has resulted in a prosecution.
Taranaki contracting company Peter Sole Transport Limited has been fined $80,500 in the Huntly District Court for the unlawful construction of a rock seawall at Mōkau three years ago.
Action was taken by the Waikato Regional Council. Compliance Manager, Patrick Lynch said the case sent a message to coastal communities that embarking on individual, unlawful and poorly designed structures was not the solution to coastal erosion.
He described the situation at Mōkau as complex.
“In the 1950s a residential development commenced at Te Naunau, a sandspit at the mouth of the Mōkau River. This is an area that has served local iwi as an urupā, or burial ground, for centuries. At the time of subdivision, two sections of land were vested in the Tainui tribes to remain as urupā. This land is highly significant to iwi and is wāhi tapu.
“The sandspit has been the subject of coastal erosion for the entire period of its development. On occasion, over the decades, there have been individual attempts by landowners to protect their properties by constructing seawalls. Some of these attempts are still evident, but most are ineffective and can actually worsen the erosion.
“Any seawall contruction in the coastal environment has to be well thought out, with appropriate coastal engineering input and the appropriate licenses or consents in place to ensure they are lawful and environmentally sustainable,” Lynch said.
“In this case, the defendant purchased a section in 2020, knowing it to be at risk of erosion. It neighbours the remaining urupā site. Despite being warned and abated from carrying out unlawful works several times at Mōkau over the last 20 years at differing locations, the defendant chose to use his own company earthmoving equipment to place large boulders at the base of his property and across the front of the urupā. This was done without any consultation or permits to do so.
Judge Melinda Dickey, in Huntly District Court, in sentencing said the prosecution of the defendant had provided general deterrence as it has conveyed the necessary message to the wider community that further prohibited activities at Mōkau will be prosecuted.”
Lynch said the council was aware residents were reinvigorating a community group “to collectively and appropriately” address the erosion issues at Mōkau and “we strongly encourage this”.
