Marlborough District Council v Gifford & CRB Transport Limited

IN THE ENVIRONMENT COURT AT AUCKLAND

I TE KŌTI TAIAO O AOTEAROA KI TĀMAKI MAKAURAU

IN THE MATTER

AND

BETWEEN

AND

AND

Decision [2021] NZEnvC 161

of the Resource Management Act 1991

of an application for enforcement orders under ss 314 and 316 of the RMA

MARLBOROUGH DISTRICT COUNCIL

(ENV-CHC-2018-204)

Applicant

MH GIFFORD

First Respondent

CRB TRANSPORT LIMITED

Second Respondent

Court: Environment Judge MJL Dickey

Hearing 5 October 2021 via AVL

Appearances: A Besier for the Marlborough District Council D Clark for Mr Gifford and CRB Transport Limited

Date of Decision: 14 October 2021

Date of Issue: 14 October 2021

_________________________________________________________________

DETERMINATION OF THE ENVIRONMENT COURT

_________________________________________________________________

A: The Enforcement Orders are varied as follows:

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(a) The date in Order B1(d) is amended to 29 April 2022;

(b) The date in Order B4 is amended to 15 October 2021;

(c) Order B5 is amended so that installation of the liner is to take place

by 20 October 2021 and the sign off of that installation is to take

place by 12 November 2022;

(d) The date in Order B9 is amended to 29 October 2021;

(e) In relation to Orders B3, B12 and B13, the investigations of Area A

and the Thynne Well are to be undertaken by 29 April 2022. The

results of investigations are to be reported to the Court by 9 May

2022.

(f) Within four weeks the Respondents are to undertake the work

required by Order B10 to connect the plumbing between the

Thynne’s dwelling and the temporary water supply tank. In

accordance with Order B10 the Respondents are to ensure that the

tank is refilled as necessary.

B: Under s 315(2) of the Act the Court consents to the Marlborough District

Council complying with Orders B3, B12 and B13 on behalf of the

Respondents who have failed to comply with those Orders. For the purpose

of complying with the Orders, the Council, its officers and agents are

authorised to, on multiple occasions enter the properties at:

(a) State Highway 1, Redwood Pass, Blenheim (legal description Lot 1 DP

398957) (the property owned by the First Respondent);

(b) Property at 3893 State Highway 1, Riverlands, Blenheim (legal

description Part DP 751 BLK V Taylor Pass SD) (Mr and Mrs

Thynne’s property serviced by a domestic well - the Thynne Well)

provided that reasonable notice is first given to the owners; and

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(c) Property at 3853 State Highway 1, Riverlands, Blenheim (legal

description Lot 5 DP 365088 ) which contains the pump station for

the Thynne Well owned by Mount Riley Wines & Estate Ltd, provided

that reasonable notice is first given to the owner.

C: In complying with Orders B3, B12 and B13 the Council may exercise the

powers in s 315(2)(a) to (c) of the Act.

D: Pursuant to s 352(1AA) of the Act, service of the Respondents will be via

email to their counsel (Mr D Clark) via his email address of

david@wmp.co.nz.

E: Pursuant to s 352(1AA) of the Act, service on the property owners of the

property at 3893 State Highway 1, Riverlands, Blenheim (legal description

Part DP 751 BLK V Taylor Pass SD) and the property at 3853 State

Highway 1, Riverlands, Blenheim (legal description Lot 5 DP 365088) will be

undertaken by a Council officer delivering it personally to Mr and Mrs

Thynne and by emailing the Orders to Mt Riley Wines Estate Limited.

F: For the avoidance of doubt, reference in the Orders to Area A and Area B in

Map 1 is to the Annexure attached to the decision [2020] NZEnvC 003

issued on 17 January 2020.

G: If the Respondents fail to comply with Order B10 leave is reserved for the

Council to comply with the Order pursuant to s 315(2) of the Act, and to

recover the cost of doing so in accordance with s 315(2)(c) of the Act. In

complying with the Order it may enter the Thynne’s property provided that

reasonable notice is first given to the owners. If the Council is required to

step in and comply with the Order, it is directed to give notice to Mr Gifford

before it does so.

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REASONS

Introduction

[1] The Marlborough District Council applied to the Court on 15 October 2018 for

a number of enforcement orders against Michael Howard Gifford, CRB Transport

Limited (the Respondents) and Greenfuel Logistics Limited under s 314 of the

Resource Management Act 1991 (RMA).1

[2] The enforcement orders (the Orders) were granted with the consent of the

parties on 16 January 2020.2 The Orders were varied on two occasions, on 2

September 20203 and 26 November 2020.4

[3] Part A of the Orders issued in January 2020 set out Orders A1-A12 which

prohibited the Respondents from undertaking certain activities. Part B of those

Orders contained Orders B1 to B13 which required the Respondents to undertake

specific works.

[4] On 2 September 2020 the Environment Court varied the orders with consent

of the parties by amending timeframes for compliance, recognising that the Council

was satisfied that Order B6 (asbestos contamination) had been complied with and by

deleting Order B11 because it was no longer relevant.5

[5] On 28 September 2020 the Council was satisfied that compliance with Order

B7 and B8 (compost operation remediation) had been achieved. However, other

remaining Part B Orders had not been complied with, and on 26 November 2020 the

Court issued a variation to the Orders by consent of the parties with new dates for

compliance.6

1 Greenfuel Logistics Limited has since been removed as respondent from the proceeding. 2 Marlborough District Council v Gifford [2020] NZEnvC 003. 3 Marlborough District Council v Gifford [2020] NZEnvC 141. 4 Marlborough District Council v Gifford [2020] NZEnvC 195. 5 Marlborough District Council v Gifford [2020] NZEnvC 141. 6 Marlborough District Council v Gifford [2020] NZEnvC 195.

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The application seeking leave to comply with the orders

[6] On 13 September 2021 the Council applied for consent under s 315(2) RMA to

comply with the remaining Part B Orders (B1, B2, B3, B4, B5, B9, B12 and B13) and

to recover the cost of doing so. The application was made on the grounds that the

Respondents had not yet complied with the Orders and was supported by the

affidavits of Melissa Gibbons dated 10 September 2021 and Peter Davidson dated 3

August 2021.

The properties affected

[7] The Orders apply to the following locations:

(a) State Highway 1, Redwood Pass, Blenheim (legal description Lot 1 DP

398957) (the property owned by the First Respondent);

(b) Property at 3893 State Highway 1, Riverlands, Blenheim (legal description

Part DP 751 BLK V Taylor Pass SD) (Mr and Mrs Thynne’s property

serviced by a domestic well - the Thynne Well); and

(c) Property at 3853 State Highway 1, Riverlands, Blenheim (legal description

Lot 5 DP 365088 ) which contains the pump station for the Thynne Well

owned by Mount Riley Wines & Estate Ltd.

Steps towards resolution

[8] Since the application under s 315(2) RMA was filed by the Council three

Judicial Telephone Conferences were convened to discuss the resolution of this

matter, a number of memoranda and affidavits were filed on behalf of both the

Council and the Respondents and a virtual hearing of the matter was held on 5

October 2021.

[9] The outcome of the above was that the parties were able to reach an

agreement in relation to the amendment of the required completion dates for

compliance with Orders B1, B2, B4, B5, and B9. The effect of that agreement was

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that the application related only to Orders B3, B10, B12, and B13. The balance of

the application was suspended at the Council’s request.

The amendments to the Orders agreed between the parties

Orders B1 and B2 Pukapuka Stream – Riparian Planting

[10] Orders B1 and B2 were varied in the Court’s decision of 26 November 2020.

Following that variation, the orders read:

B1. (A2) By 18 September 2020 engage a suitably qualified and experienced person approved by the Council’s Compliance Manager to undertake

riparian planting within 8 metres either side from the edge of the Stream (planting expert) where it is reasonably practicable to plant. The planting expert is to:

a. prepare a detailed plan describing the indigenous plant species to be

planted and where they should be planted, the timing of the planting (taking into account seasonal restrictions), the requirement for the planted area to be fenced, the proposed fencing line and proposed maintenance of the planted area (the planting plan);

b. by 1 December 2020 submit the planting plan to the Council’s Compliance Manager for approval. Approval to be granted by the Council if the plan is of sufficient quality within 10 working days from the day it was submitted to the Council.

c. order all of the plants to fulfil the approved planting plan (with deposit paid) on or before 20 December 2020, and provide evidence of purchase (deposit payment on full price of all plants) to Council by 22 December 2020.

d. by 30 May 2022 implement the planting plan in full (including but not limited to the fencing of the planted area) in accordance with the timeframes set out in the planting plan to establish the riparian planted area (the planted area);

e. by 1 June 2022 advise the Council's Compliance Manager in writing that the planting plan has been implemented to his or her satisfaction, and if necessary, set out a proposed schedule of maintenance work that needs to be undertaken to ensure that the planted area is

sufficiently well established;

f. implement the maintenance schedule for the planted area in accordance with the timeframes specified in that schedule; and

g. advise the Council’s Compliance Manager in writing when the

planted area is sufficiently well-established that it no longer requires

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maintenance and the Council’s Compliance Manager is to confirm in writing, after an inspection 10 working days after receiving this

advice, that no further work is required to establish the planted area.

B2. (A3) Ensure that the planted area is retained on the Property in a satisfactory condition.

[11] The parties have advised the Court that the planting plan has been submitted

to the Council and it has been approved. Furthermore, the first round of planting

(and the fencing) have been undertaken.7 A second round of planting is needed.

The parties agreed in the hearing that a new date in respect of compliance with

Order B1(d) needs to be set. The date agreed upon was 29 April 2022. This

variation of Order B1(d) is accepted on the grounds the parties consent to it.

Orders B4 - Waste Material (Tyres, treated timber and other waste by quarry)

[12] Order B4 was also varied in the Court’s decision of 26 November 2020, to

read as follows:

B4. (B6) Install the measures specified in the approved erosion and sediment control plan for the area marked on Map 1 as Area B (“Area B”) to

contain runoff from Area B by 1 October 2020 and ensure measures remain in place during the duration of the remediation of Area B, unless a resource consent is required. If a resource consent is required, then it must be lodged by 1 October 2020. The measures that require resource

consent must be installed within 4 weeks of the resource consent being granted.

[13] Ms Gibbons has observed that Area B has been levelled out and that some

water controls and a sediment trap have been installed, ready for the installation of a

liner.8 The Council’s position is that the deadline for order B4 to be completed

should be amended to 15 October 2021.9 This was not contested by the

Respondents. This variation of Order B4 is therefore accepted.

7 Respondents’ memorandum dated 4 October 2021, at [5]-[6]. 8 Council memorandum dated 27 September 2021, at [9]. 9 Council memorandum dated 5 October 2021, at [4].

8

Order B5 - Waste Material (Tyres, treated timber and other waste by quarry)

[14] Order B5 was last varied by the Court’s decision of 2 September 2020. It

reads as follows:

B5. (B7d) Engage Mark Davies, a suitably qualified and experienced expert approved by the Council's Compliance Manager,to undertake the

following tasks:

a. Address the comments of the Council’s Compliance Manager on the report produced by SEE Ltd entitled ‘Detailed Site Investigation on Area 1 Located on Lot 1 DP398957’ dated 22 August 2019.

b. Submit a revised report to the Council’s Compliance Manager by 1 October 2020.

c. (B7e) By 1 November 2020, produce a draft remediation plan for Area B describing the proposed remediation of the Property and

submit the draft remediation plan to the Council's Compliance Manager for approval and comment.

d. (B7f) Respond to Council’s comments where required and issue a finalised remediation plan to the Council’s Compliance Manager

(Remediation Plan for Area 8) within 10 working days of the Council providing its written advice on the draft remediation plan.

e. (B8) Commence implementation of Remediation Plan B by 1 January 2021 and advise the Council’s Compliance Manager that

implementation of the Remediation Plan for Area B has commenced.

f. (B9) Carry out validation sampling and prepare a validation report for Area B in accordance with the Contaminated Land Management Guidelines Numbers 1 and 5 (and any subsequent replacement

documents) and for SEE Ltd (or another suitably qualified and experienced person) to provide written advice to the Council's Compliance Manager, by 1 February 2021, setting out:

i) whether the remediation plan has been implemented to his or her

satisfaction and if not, what further work is required including the timeframes by which this work needs to be completed;

ii) what, if any, maintenance work is required including how frequently this maintenance work needs to be carried out and for how long

this maintenance is required;

iii) whether there are any contamination issues that need to be recorded on the Council's LLUR database to be applied on any LIM.

g. (B10) Undertake further remediation and/or maintenance as work set out in the written advice to Council (provided for Order 5f above)

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and in accordance with the timeframes provided in that written advice.

[15] Order B5(a) was recorded as completed in the Court’s decision of 2

September 2020.10 The Council also received the report required under Order B5(b)

on 30 October 2020 and the Remediation Action plan required by Order B5(c) on 1

November 2020.11 Orders B5(e) and (f) are yet to be completed, but the Council

has received assurance from Mr Gifford that the work will take place. 12

[16] During the hearing the parties identified that the remaining work to be done in

this area is the installation of the approved synthetic liner and the subsequent sign

off of the installation by the Respondents’ consultant. The parties agreed during the

hearing that the time frame for installing the liner should be amended to 29 October

2021 and the sign off of the liner by the consultant be extended to 12 November

2021. These new timeframes are approved on the grounds the parties consent to

them.

Order B9 – Tracking

[17] Order B9 was also last varied by the Court’s decision of 2 September 2020. It

reads:

B9. (F2b) Implement, by 1 November 2020 resource consent U190563.

[18] Ms Gibbons has observed that some progress has been made in relation to

Order B9 and is willing to extend the date to allow compliance to be achieved. 13

Counsel for the Respondents proposed a new completion date for Order B9 of 29

October 2021. The Council accepts this new date.14 This variation of Order B9 is

therefore also accepted on the grounds the parties consent to it.

10 [2020] NZEnvC 141, at [7]. 11 Gibbons affidavit, dated 10 September 2021, at [35]-[36] 12 Council memorandum dated 27 September 2021, at [9]. 13 Council memorandum dated 30 Sept 2021, at [8]. 14 Council memorandum dated 5 October 2021, at [2].

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The Orders contested by the parties

[19] The Orders where the parties had not reached agreement were B3, B10, B12

and B13. The hearing was convened to hear from the parties in relation to these

Orders. Orders B3, B12 and B13 as they relate to Area A and the Thynne well are

inter-connected.

Area A and the Thynne Well

Order B3 Waste Materials (Buried Organic Waste)

[20] Order B3 was last varied by the Court in its decision of 2 September 2020 to

include specific dates for Orders B3(a), B3(b), B3(c) and B3(d) to be complied with .

It reads:

B3. (B3) Engage a suitably qualified and experienced person approved by the Council’s Compliance Manager in relation to the investigation and management of the area where there has been buried organic waste on the

Property within “Area A” on Map 1 attached to these orders (the waste management expert) to:

a. (B3a) By 1 October 2020, prepare an investigation plan and submit to the Council's Compliance Manager for comment and approval

(investigation plan). The investigation plan is to set out the investigation of the area of land on the Property marked as Area A, which contains buried organic waste. The investigation plan is to describe:

i) the soil testing programme;

ii) the surface and ground water testing programme;

b. (B3b) By 1 December 2020 undertake a detailed investigation in accordance with the approved investigation plan.

c. (B3c) By 1 March 2021 prepare a report setting out the results of the investigation (buried waste investigation report) describing the extent of buried waste material in Area A, reporting and analysing the results of the testing, and recommending measures for

the removal of all buried waste material and/or the remediation of Area A.

d. (B3d) By 1 March 2021 submit the buried waste investigation report to the Council's Compliance Manager for comment.

e. (B3e) Address any comments made by the Council's Compliance Manager and revise the buried waste investigation report if

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necessary and submit the finalised report to the Council’s Compliance Manager within 15 working days of the Council’s

comments being provided to the waste management expert.

f. (B3f) Within 2 months of the Council providing their comments, produce a draft remediation plan describing the proposed remediation of Area A and submit the draft remediation plan to the

Council’s Compliance Manager for approval and comment.

g. (B3g) Respond to Council’s comments where required and issue a finalised remediation plan to Council’s Compliance Manager (Remediation Plan A) within 20 working days of the Council

providing its written advice on the draft remediation plan.

h. (B4) Implement Remediation Plan A and advise the Council’s Compliance Manager that implementation of the Plan has commenced within 3 months of the Council providing its written

advice on the draft remediation plan or the granting of required consents, whichever is later.

i. (B5) Advise the Council’s Compliance Manager in writing, within 14 months of the service of the Order of the Court:

i) whether Remediation Plan A has been implemented to his or her satisfaction and if not, what further work is required including the timeframes by which this work needs to be completed;

ii) what, if any, maintenance work is required including how frequently this maintenance work needs to be carried out and for how long this maintenance is required;

j. (B5) Undertake further remediation and/or maintenance work as

set out in the waste management expert's written advice to Council and in accordance with the timeframes provided in that written advice.

Orders B12 and B13 Water Supply (Thynne Well)

[21] Order B12 and B13 were last varied by the Court in its decision of 26

November 2020 to include a specific date for the submission of the water supply

report in Order B12 and by extending the date for compliance in Order B13. They

read:

B12. By 1 October 2020 to engage a suitably qualified and experienced person in water supply and water contamination (water expert) (approved in writing by Council's Compliance Manager). The water expert is to prepare and submit a draft report (water supply report), by 30 April 2021 to the

Council’s Compliance Manager for approval, advising on:

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a) Whether the Thynne well (marked on Map A) located in Seventeen Valley Stream adjacent to a property at 3853 SH1 Redwood Pass,

legal description Lot 5 DP 365088, serving the Thynne property, located at 3893 SH1 Riverlands and contained in legal description Part DP 751 (the Thynne property) can be remediated to provide a source of potable water, taking into account the groundwater

supply into the well, and to set out measures to be undertaken to achieve this;

b) If necessary, recommend an alternative supply of potable water for the Thynne property.

B13. By 30 July 2021 implement and pay for the measures recommended by the water expert in the Council approved water supply report.

[22] Mr Clark advised the Court that Mr Gifford wants to undertake the work

required in relation to Area A himself. He submitted that Mr Gifford is now

endeavouring to comply with the Orders; this is not a situation which would

normally apply where a recalcitrant person is blatantly disregarding orders.

[23] Mr Gifford’s affidavit sets out that he has obtained a “scope of works” from a

Council approved expert, Peter Callander, to undertake what Mr Gifford identified

as the first part of the work, being a specialist report on the ground water of Area

A.15 The agreement to undertake the work is dated 10 June 2021 and attached to Mr

Gifford’s affidavit as Exhibit H. Mr Callander has indicated that the he would need

approximately 4 months from the date of his engagement to provide a report.16

[24] In order to allow Mr Gifford to comply with these Orders Mr Clark suggested

the implementation of a timetable of milestones or steps for Mr Gifford to adhere

to.17 His suggestion was that if Mr Gifford fails to meet the milestones the Council

could then step in and undertake the work. He described it as the “Unless Order”.

[25] The Council’s position is that Mr Gifford has shown an unwillingness to

address Area A, and during the hearing Ms Besier voiced the Council’s concern that

if Mr Gifford is to undertake the work in relation to Area A he may interfere with

Mr Callander’s investigation and could prejudice the outcome. I note that the

15 Gifford affidavit dated 24 September 2021, at [23]. 16 Gifford affidavit dated 24 September 2021, at [24]. 17 Respondents’ memorandum dated 4 Oct 2021, at [19].

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Council also proposes to engage Mr Callander to undertake the required

investigatory work.18 Ms Besier’s concern arose from statements made in Mr

Gifford’s affidavit about the necessity to remediate Area A and his desire to provide

a replacement water supply to the Thynnes and avoid the need for any work to be

undertaken in Area A, including any investigatory work. 19

[26] After addressing the parties’ differing positions in relation to Area A and the

Thynne Well, a proposal was put forward during the hearing that both parties agreed

to. The proposal, which I accept, was to impose an intermediary step requiring the

parties to file a status report following the completion of the investigation in relation

to Area A and the Thynne well, the two being inter-connected.

[27] Considering the circumstances leading to the Council’s s 315(2) application, I

determine that it is appropriate to empower the Council to comply with the orders.

Mr Gifford has had over a year to implement the first part of Order B3, which

required the preparation of an implementation plan and its submission to the

Council in respect of the organic waste buried in Area A. While he has now

engaged Mr Callander to undertake a report on the groundwater in Area A, that

engagement does not encompass all of the work needed to comply with Orders B3

and B12.20 Furthermore, it is too little, too late.

[28] I have considered Mr Clark’s proposal for the “Unless Order”. I think that

too much time has elapsed for the Court to have confidence that Orders B3, B12

and B13 will be implemented in a timely and diligent way by Mr Gifford. In that

regard I note Mr Gifford’s desire to avoid if possible, the need to remediate Area A.

18 Council memorandum dated 5 October 2021, at [12]. 19 Gifford affidavit dated 24 September 2021, at [27] – [34]. 20 Gifford affidavit dated 24 September 2021 at [23] and [26]. See also Exhibit H which states: You have asked that our original scope of work be reduced as much as possible so as to minimise costs. You have also advised us that the contaminant sources have been

removed from the site and that the main task you need us to carry out is the assessment of surface water and groundwater quality and the potential migration of contaminants to the Thynne water supply well. On that basis, we understand that you are of the view that you can satisfy the requirements of the ‘buried waste Investigation report” that has been

required by the Environment Court and the main focus of our tasks should be to characterise the groundwater and surface water quality and flow patterns and the potential migration of contaminants to the Thynne well.

14

The fact remains that the Orders require the investigation of Area A and “the

removal of all buried waste material and/or remediation of Area A.” Too much

time has now elapsed for another path to be proposed by way of the “Unless

Order”.

[29] I find that the agreed proposal to add in an intermediate reporting step is

appropriate because it will allow the situation to be reviewed by the Court, at which

point any further steps and variations to the Orders can be considered.

[30] I accordingly direct that the investigation into Area A and the Thynne Well be

completed by 29 April 2022. The parties are to report back to the Court with the

results of that investigation by 9 May 2022.

Temporary water supply for the Thynnes

Order B10 - Water Supply (Tank)

[31] Order B10 was varied by the last variation on 26 November 2020. It reads:

B10. On a continuing basis until Order B13 has been complied with, the

Respondents are to provide a temporary potable water supply to the Thynnes by way of a water tank to be installed on their property and connected to the house by a registered plumber. The Respondents are required to arrange and pay for potable water to be delivered into the tank

on a regular basis to ensure security of water supply to the Thynnes . Once a permanent water supply has been made, the water tank is to be removed by the Respondents.

[32] Since the application under s 315(2) RMA was filed the Thynnes have agreed

to the completion of Order B10, which relates to the plumbing connection from the

temporary water supply tank to their house.21 This will enable the tank to provide

the main source of water to the Thynnes but it will also require the tank to be

regularly refilled.

[33] The Council’s position was that it should step in and comply with Order B10

and amended its application to include that order.22 Ms Besier explained that the

21 Gibbon affidavit dated 4 October 2021. 22 Council memorandum dated 5 October 2021, at [11].

15

Council’s concern is that the tank holds 3,200L and there will be an ongoing

commitment to keep the tank full. Due to the size of the tank and the Thynne’s

likely water needs the Council predicted it would need to be refilled every 8 days. 23

[34] Mr Gifford’s position is that he has always been willing to comply with Order

B10 but creating the plumbing connection was not what the Thynnes wanted. Mr

Gifford’s affidavit states that he has been supplying the Thynnes with drinking water

since 2016,24 and Mr Clark indicated that he is happy to continue to do so.

[35] Having considered the parties’ positions I find that there has been no breach

of Order B10. Given the Thynne’s changed position it is appropriate to allow the

Respondents time to undertake the plumbing work required.

[36] If the Respondents fail to undertake the work within four weeks, I allow the

Council to step in under s315(2) RMA and complete it.

[37] For clarity it also is recorded that Order B10 only relates to the supply of

potable water and does not mean that the Respondents must supply all the water

requirements of the Thynnes, for example as they relate to water for the garden.

Decision

[38] The Enforcement Orders are varied as agreed to by the parties and in

accordance with this decision.

A: The Enforcement Orders are varied as follows:

(a) The date in Order B1(d) is amended to 29 April 2022;

(b) The date in Order B4 is amended to 15 October 2021;

23 Council memorandum dated 5 October 2021, at [10]. 24 Gifford affidavit dated 24 September 2021, at [22].

16

(c) Order B5 is amended so that installation of the liner is to take

place by 20 October 2021 and the sign off of that installation is to

take place by 12 November 2022;

(d) The date in Order B9 is amended to 29 October 2021;

(e) In relation to Orders B3, B12 and B13, the investigations of Area

A and the Thynne Well are to be undertaken by 29 April 2022.

The results of investigations are to be reported to the Court by 9

May 2022.

(f) Within four weeks the Respondents are to undertake the work

required by Order B10 to connect the plumbing between the

Thynne’s dwelling and the temporary water supply tank. In

accordance with Order B10 the Respondents are to ensure that the

tank is refilled as necessary.

B: Under s 315(2) of the Act the Court consents to the Marlborough

District Council complying with Orders B3, B12 and B13 on behalf of

the Respondents who have failed to comply with those Orders. For

the purpose of complying with the Orders, the Council, its officers and

agents are authorised to, on multiple occasions enter the properties at:

(a) State Highway 1, Redwood Pass, Blenheim (legal description Lot 1

DP 398957) (the property owned by the First Respondent);

(b) Property at 3893 State Highway 1, Riverlands, Blenheim (legal

description Part DP 751 BLK V Taylor Pass SD) (Mr and Mrs

Thynne’s property serviced by a domestic well - the Thynne Well)

provided that reasonable notice is first given to the owners; and

(c) Property at 3853 State Highway 1, Riverlands, Blenheim (legal

description Lot 5 DP 365088 ) which contains the pump station

17

for the Thynne Well owned by Mount Riley Wines & Estate Ltd,

provided that reasonable notice is first given to the owner.

C: In complying with Orders B3, B12 and B13 the Council may exercise

the powers in s 315(2)(a) to (c) of the Act.

D: Pursuant to s 352(1AA) of the Act, service of the Respondents will be

via email to their counsel (Mr D Clark) via his email address of

david@wmp.co.nz.

E: Pursuant to s 352(1AA) of the Act, service on the property owners of

the property at 3893 State Highway 1, Riverlands, Blenheim (legal

description Part DP 751 BLK V Taylor Pass SD) and the property at

3853 State Highway 1, Riverlands, Blenheim (legal description Lot 5

DP 365088) will be undertaken by a Council officer delivering it

personally to Mr and Mrs Thynne and by emailing the Orders to Mt

Riley Wines Estate Limited.

F: For the avoidance of doubt, reference in the Orders to Area A and

Area B in Map 1 is to the Annexure attached to the decision [2020]

NZEnvC 003 issued on 17 January 2020.

G: If the Respondents fail to comply with Order B10 leave is reserved for

the Council to comply with the Order pursuant to s 315(2) of the Act,

and to recover the cost of doing so in accordance with s 315(2)(c) of

the Act. In complying with the Order it may enter the Thynne’s

property provided that reasonable notice is first given to the owners.

If the Council is required to step in and comply with the Order, it is

directed to give notice to Mr Gifford before it does so.

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Directions

[39] The Council is directed to file a revised copy of the Enforcement Orders,

incorporating both the Court’s decision and the amendments agreed to by the

parties, for the Court’s approval.

_____________________________ MJL Dickey Environment Judge

r

! {?i!TiiP. f..~i1f,, i~8092

Legend

■ Vehicle entrances

- A Stream crossing

e Thynnewell

- Leachate trails

Area A

[:] Areas

CJ Compost pad

~ Area containing asbestos stockpiles

CJ Boundary of the Property

CJ Relevant sections of adjoining property

CJ Adjoining piece of land

- Pukapuka Stream approximate allignment

J 30 60 120 180 - - 240 J ,Meter

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