Court of Appeal decision on sentencing and costs in Kāpiti environmental damage case

Today the Court of Appeal released its decision on costs and sentencing in relation to a Kāpiti Coast environmental damage case that Greater Wellington began investigating in 2019. 

The case related to works undertaken by Mr Page and Ms Crosbie on a property in Paraparaumu in the Nikau Lakes subdivision.

The Court of Appeal decided to resentence Mr Page and Ms Crosbie itself rather than refer the case back to the District Court as it considered it was in the interests of all concerned for the litigation to come to an end.

In the District Court, Mr Page was sentenced to three months imprisonment for 35 offences under the Resource Management Act 1991. Ms Crosbie, as the owner of the land, was fined $118,742.

In the Court of Appeal, 29 convictions were set aside in relation to activities in areas alleged to be wetlands. Six convictions remained unchallenged (or at least not substantively challenged) relating to a track subsiding into a stream, sediment in the bed of a river or where it could enter water, and contravention of an Environment Court Enforcement Order relating to livestock grazing in an effluent disposal field.

With the six remaining charges of environmental damage standing, the Court of Appeal today quashed Mr Page’s sentence of imprisonment, with the Court noting that it would have still imposed a sentence of three months’ home detention had Mr Page not already served the sentence of imprisonment. Ms Crosbie’s fine of $118,742 was reduced to $57,000.

The Court of Appeal also declined Mr Page and Ms Crosbie’s application for costs.

This case marked the first time the application of the Clarkson method for identifying wetlands had been tested by the appellate courts in a criminal prosecution. The Court of Appeal found that in this case further evidence of wetland soils (also known as hydric or peat soils), wetland hydrology and wetland animal evidence was also required to prove the presence of natural wetlands beyond reasonable doubt.

The Court of Appeal judgment provides Greater Wellington with clear direction that wetland identification will sometimes need to be strengthened with pedological and hydrological evidence, as well as evidence that the area is able to support wetlands animals.  Greater Wellington is committed to applying best practice and has made changes to its processes to ensure it is complying with this direction.

Since this case was taken five years ago, Greater Wellington’s environment group has been structured to focus on growing community engagement and working more closely with landowners within catchments. It uses a range of education, engagement, and enforcement practices for environmental outcomes in the Greater Wellington region.