Builder fined for sediment discharge

An Auckland builder has been ordered to pay $5,000 after admitting to discharging sediment-laden water from an apartment construction site into Oakley Creek, according to a District Court decision 

Charges laid by Auckland Council against Nebula Homes and site manager Ray Zhao related to the use of land in contravention of rules and the discharge of a contaminant. 

The development site in New Windsor involved the construction of new apartments and included exposed earthworks. The site owner, Consit, had obtained consent for the works, which were being carried out by Nebula Homes. Zhao was responsible for overseeing the development. 

The court decision recorded that the issue first came to the council’s attention in August 2024, following a complaint about discoloured water in the creek. 

The decision said a council officer observed a rubber pipe actively discharging sediment-laden water from the site into a stormwater drain on the reserve. 

Charges and court findings 

Nebula Homes was charged with using land in a way that contravened rules and discharging a contaminant. Zhao faced one charge relating to the discharge. 

An abatement notice was issued to Consit, and discussions took place between Zhao and Nebula Homes regarding non-compliance at the terraced housing development. 

The court noted Zhao accepted responsibility for the incident. 

In its decision, the court acknowledged the council’s role in bringing the prosecution and the effect of the guilty plea. 

“We recognise that there has been a cost to the council in taking this action, and the entry of a guilty plea has made it clear that their actions were justified and that the defendant would otherwise be convicted,” Judge Smith said. 

Zhao was ordered to pay $5,000 to Auckland Council. The court indicated a further hearing would be held. 

“If that money is paid, he will be discharged without conviction,” the judge said. 

Higher sentences for corporations and multiple transgressions 

While Zhao was fined $5,000 for one transgression, larger fines have been handed down to corporations across New Zealand for multiple transgressions. For example, COD Crown Projects was hit with a $48,750 fine in November 2025 after it plead guilty to two charges under the RMA for unlawful earthworks at two North Shore properties – said an Auckland Council media release. 

Those charges related to unauthorised earthworks and sediment discharges from sites in Browns Bay and Northcross, which resulted in significant sediment discharge and breaches of the Auckland Unitary Plan. 

Auckland Council’s Team Leader Investigations Paul Cowling says the COD case shows the courts does not take breaches of the Resource Management Act (RMA) lightly. 

“It’s a clear signal for property owners, individuals and businesses to make sure they’re compliant with consent conditions and environmental rules. These rules exist for good reasons, to protect the public from nuisance and harm, and to stop damage to our environment.” 

COD was granted resource consent in November 2020, subject to conditions including proper erosion and sediment management, stabilisation of bare areas, and prevention of discharges onto public roads or neighbouring land. 

However, council inspections found ongoing non-compliance between January and August 2023, despite repeated warnings and the issue of an abatement notice in May 2023. Sediment from the sites flowed onto neighbouring properties and into waterways, with one neighbour’s garage damaged by runoff. 

In her decision, Judge Dickey found that the unlawful discharge had “significant effects on neighbouring properties and the broader environment”, and noted that sediment deposits were found downstream and contributed to the “cumulative ‘death by a thousand cuts’ that results from uncontrolled discharges”. 

Nationwide convictions  

Cowling’s comment about breaches of the RMA not being taken lightly are reflected in convictions nationwide, In 2023, developers associated with the Wellington’s Kenepuru Landing housing development in Porirua were convicted and fined a total of $93,625 for unauthorised earthworks during winter, breach of an abatement notice and unauthorised discharges of sediment to Mitchell Stream. 

In 2022, a building firm responsible for a residential development in Upper Hutt’s Whitemans Valley was fined $21,000 for allowing excess sediment from building sites to run off into streams.