Wake-up Call for Contractors and Landowners

A judge’s decision is a reminder that both landowners and contractors are responsible for not breaching the District Plan.

In New Plymouth District Court today (Monday), Judge Whiting fined Peter Morgan and Hurlstone Earthmoving Ltd $2,400 each for undertaking earthworks and excavating beneath a notable tree without having resource consents for the work.

Both Mr Morgan and the company had earlier pleaded guilty.

Manager Consents Ralph Broad says the judge made strong comments about landowners and contractors being equally responsible for making sure all necessary consents are in place before work takes place.

“The judge’s comments are a wake-up call for contractors,” he says.

“They need to be aware of the rules of the District Plan so that they’re not just relying on what they’re being told, but can see for themselves when a job will require a resource consent.

“Also, if there is a consent they need to see the actual document for themselves so they know what conditions need to be met.

“If a contractor turns up to a site and they’re not confident about the details, or even right at the start when they’re booked for a job, they can ring the Council and we’ll give them the details of any consent or whether one should be sought.”

Mr Broad is organising an information seminar to help contractors understand when a resource consent is necessary under the District Plan. “We want to help contractors and landowners avoid legal trouble, and instead end up with a successful project.”

In this latest case, the charges related to the quantity of earthworks undertaken at a residential site and significant damage to the root system of a notable pohutukawa in February.

Remedial work under the guidance of an arborist has since saved the pohutukawa.