Sentencing Decision: Waikato Regional Council v Peter Sole Transport Ltd

This is a sentencing decision following Peter Sole Transport Limited (PST) pleading guilty to two charges under sections 9(2) and 338(1)(c) of the RMA. These charges were for conducting earthworks without a resource consent and breaching an abatement notice dated 22 December 2005. The offences occurred on 9 and 10 December 2021, and involved the deposition of cleanfill, specifically rock boulders, for the construction of a seawall on Mōkau Beach.

The Mōkau beach has had significant shoreline changes and ongoing dune erosion since the 1950s, and since 1995, there has been a long history of unconsented erosion protection structures being erected by property owners. The Mōkau iwi regard the entire sandspit where the works took place as an historic urupā (burial ground) and wahi tapu (sacred place).

On the morning of 9 December 2021, at the request of property owners on the Mōkau Beach, including himself, Mr. Sole delivered a truck and trailer load (approximately 22 tonnes) of large boulders to Point Road, Mōkau, using a truck owned by his company. He deposited one load at the base of the dunes below 8 Point Road and another below 16 Point Road, intending to reinforce the rock seawall structures. He then used PST’s excavator to reconstruct the rock seawall by restacking dislodged boulders and adding new ones he had delivered. On 10 December 2021, Mr. Sole again used the excavator to place and stack the new boulders and restack existing ones, including those buried under the sand. He worked along the foreshore, restacking boulders and digging down to retrieve buried rocks to reform the seawall structure.

The Court found that PST's actions were undertaken without prior consultation with the local iwi, resulting in significant cultural offense. The iwi expressed disgust, anger, and shock, viewing the works as another instance of desecration and disrespect towards their burial grounds and their role as kaitiaki (guardians). The adverse cultural effects on the iwi were found to be moderately severe.

The Court also emphasised that PST deliberately and knowingly conducted unlawful works, focusing on protecting private property while disregarding statutory restrictions and the need for consent. Despite understanding the unlawfulness and having received many warnings from WRC, PST chose to proceed without consultation or consent. The Court found PST highly culpable, with a history of unconsented works contributing to the severity of the offence. Specific deterrence was deemed necessary to prevent similar future actions.

The Court imposed a total fine of NZD80,500 on PST, with NZD59,500 for the unlawful works charge and NZD21,000 for breaching the abatement notice. A 25% discount was applied for the early guilty plea, but no discount was given for previous good character, due to PST’s history of formal warnings.