Environment Canterbury has withdrawn charges against a South Canterbury farmer after he agreed to participate in a trial process aiming to involve those affected and remediate damage.

Environment Canterbury (ECan) had laid charges against Waimate farmer Mark Engelbrecht for the unauthorised installation of a pipe to channel stock and domestic water. In doing so, he damaged the bed of Gunns Bush Stream. However, the prosecution was withdrawn in favour of a participatory process following Mr Engelbrecht’s admission of guilt and Environment Canterbury’s acknowledgement of his efforts to protect areas of his property with high conservation values.

ECan director regulation Kim Drummond said that under the Resource Management Act, Environment Canterbury can either infringe or prosecute anyone found to be in breach of the Act. While the maximum infringement fine is $1000, the only other option is to take the case before the courts.

“We have investigated a third alternative whereby the defendant acknowledges their guilt, works with the regional council and other organisations to remediate the damage to the environment but does not receive a criminal conviction as a result of their action,” he said.

“With prosecution, 90 percent of the fine is paid back to the regional council. Under this process that money can go directly back into remediation work and we can closely work with the defendant to advise them how to avoid such an outcome in the future.”

Kim Drummond said that the process allowed for increased community engagement between the defendant and other organisations. The regional council worked alongside the Department of Conservation, Central South Island Fish and Game and the Waihoa Runanga on this case.

Mr Engelbrecht’s action breached sections 13(1) (a) of the Resource Management Act 1991. While he was not convicted, he has paid the costs of Environment Canterbury’s investigations into stream remediation and removed the exposed pipe from the Gunns Bush Stream.

For further information: Kim Drummond, ECan Director Regulation, 03 372 7232, 027 497 8366.