Farm case widens protection

BY KIRSTY JOHNSTON
Last updated 05:00 27/11/2009

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Stratford businessman Mark Ford has lost his latest battle against the local council – but not before costing ratepayers more than $90,000.

The Helilogging owner has been told by the Environment Court this week that he must get a resource consent if he wants to continue to develop a wildlife park and lodge on his eastern Taranaki farm.

More interestingly for other farmers, within the judge's decision came a warning for anyone farming near conservation land – any activity, including access tracks and fencing, carried out on land next to conservation reserves may now require a resource consent to make sure that it does not affect the reserve in any way.

The decision and new precedent comes after a prolonged stand-off between Mr Ford and the council which began earlier this year when Department of Conservation staff discovered Mr Ford clearing native vegetation without permission.

Finding this contrary to district plan rules, council officers slapped an enforcement order on the works, which Mr Ford immediately appealed.

At that time, Environment Court Judge Brian Dwyer refused his appeal and advised the council to get a permanent enforcement order. This prompted a second appeal from Mr Ford, who said the works didn't need a consent because they were part of regular farming activities. However, Judge Dwyer found in favour of the council on all counts, meaning Mr Ford must get resource consent. Council planning manager Mike Avery said the whole exercise could have been avoided if only Mr Ford applied for consent in the first place.

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- © Fairfax NZ News

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