Earlier this month, the Court of Appeal upheld a District Court decision from 2019 that found Northlake Developments guilty of discharging contaminants from its Northlake subdivision into the Clutha River in 2017.
Northlake Developments is part of Winton Group, one of New Zealand’s largest development companies, associated with Chris and Michaela Meehan.
After the decision, Winton general manager Simon Ash said the company took its environmental responsibilities very seriously.
"In this instance where a silt discharge originated due to an event beyond the company’s control. Winton took every possible practical measure required. Winton is therefore naturally disappointed by the court’s decision, but accepts the outcome," Mr Ash said.
In dismissing the appeal, Justices Cooper, Brown and Goddard agreed with the earlier District Court and High Court decisions that Northlake was responsible, both as an active and passive discharger.
They agreed with an earlier finding that Northlake could reasonably rely on advice from experts and contractors, but that was not necessarily the end of the matter and would not shield Northlake from liability.
They also agreed a prudent developer would have had the required level of protection in place to prevent discharges in the "not unforeseeable weather conditions" that occurred in July and August 2017.
Otago Regional Council general manager regulatory and communications Richard Saunders said the dismissal served as a warning to developers of their responsibilities to prevent sediment pollution.
Mr Saunders said now was a good time for developers to check the council’s water plan and plan change 8 and ensure suitable erosion and sediment controls were in place before earthworks began.
Otago Fish & Game environmental officer Nigel Paragreen said the decision was a "timely reminder that developers do have responsibilities for the impacts of their subdivision projects".
He said he hoped other developers would take notice.
Otago regional councillor Michael Laws said Wanaka could have confidence there would be real consequences if the environment was damaged.
Civil Construction was fined $25,500 in January 2019 for its part in the incident. It was not involved in the Northlake appeal.
