Horizons withdraws sewage spill charges

Last updated 12:00 11/02/2010

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Thousands of dollars of ratepayers' money have been wasted after Horizons withdrew charges against the Horowhenua District Council for discharging sewage from Shannon's treatment plant.

However, councils argue they have saved money in the long run by avoiding a drawn-out court case.

A Shannon farmer said the outcome leaves no-one accountable for sewage overflowing in October 2007 from Stanstell's Drain, which flows into the Mangaore Stream that feeds into the Manawatu River.

Lesley Rider, whose farm borders the plant, said the drain was still leaking toilet paper and sanitary pads. "It's absolutely disgusting. It's Third World putting human waste into that drain."

Horizons jointly charged the district council and two contractors. Charges against the contractors were dismissed in September 2009 because a 1970 resource consent allowed for sewage discharge.

Judge Brian Dwyer said that by withdrawing the charges the court avoided a "miscarriage of justice" because the resource consent gave the district council an arguable defence. He said court time had been unnecessarily used.

Horizons chief executive Michael McCartney said the council saved ratepayers' money on further court costs by withdrawing the charges. He estimated the case had so far cost thousands.

Mr McCartney defended Horizons' original decision to prosecute the regional council, saying the sewage overflow had "reasonably serious environmental impact".

Although the district council was legally allowed to discharge sewage under their resource consent, the action was morally wrong, he said. "We accept the decision of the court and will work with the council to fix the problem."

The regional council changed its guilty plea to not guilty yesterday.

Horowhenua chief executive David Ward said the council's guilty plea had minimised costs. "The guilty plea was entered in a spirit of co-operation to hopefully us to make progress in a less adversarial fashion."

Mrs Rider has slammed the councils, saying they had acted with double standards. While councils wasted money on failed court cases, she had spent thousands laying drains to reduce sewage overflow, she said.

"We've been here six years now and we have been complaining for six years and nothing's changed."

Mr Ward disputed that there was still overflow, saying a valve had been installed to minimise the problem. The regional council was working with Horizons towards an environmentally acceptable and affordable solution for the plant.

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- © Fairfax NZ News

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