Environment Southland resource management manager Donna Ferguson confirmed in a statement yesterday that two charges relating to section 12 (1) (b) of the Resource Management Act (RMA) 1991 had been laid in the Queenstown District Court against RealNZ.
"We have completed our investigation following complaints about two moorings in Harrison Cove, Fiordland. These moorings are owned by RealNZ. Our investigation has found that the moorings currently in place are not consented."
Due to the sensitive nature of the Fiordland environment and the importance of ensuring compliance with the regional coastal plan, the council had taken this breach of the Resource Management Act very seriously, she said.
The news pleased Fiordland Marine Guardians’ chairwoman Rebecca McLeod who said the group members were satisfied Environment Southland has taken their concerns seriously.
"We are incredibly disappointed that RealNZ chose to circumvent the RMA consenting process that is in place to prevent environmental degradation and manage access and navigational safety risk.
"By deciding to ask for forgiveness rather than permission, they prevented the Guardians from raising concerns about the structures before installation," Dr McLeod said.
RealNZ chief executive Stephen England-Hall said the company took consent obligations very seriously and that RealNZ has operated from consented moorings for nearly 30 years in Harrison Cove.
However, through work with Environment Southland and the Department of Conservation (Doc), they might have failed on this occasion.
"Recently we replaced our older moorings with a new modern mooring system that has better environmental outcomes.
"In working with Environment Southland and Doc in recent months it has become clear that the correct consenting process may not have been followed."
He said the replacement was prompted after an internal health and safety and a maritime safety review in 2020 which identified the mooring system should be upgraded.
"The new moorings are environmentally superior and safer than the old ones."
Mr England-Hall concluded by saying he was looking forward to the court assisting them to clarify the position.
