Farmer, ECan in restorative first

A Waimate dairy farmer is the first to be subject to a new Environment Canterbury restorative justice programme.

Mark Engelbrecht breached the Resource Management Act by installing a pipe to channel stock and domestic water that damaged the bed of the Gunns' Bush Stream.

Under the Act, ECan could have fined Mr Engelbrecht $1000, or taken him to the Environment Court, where he could have received an even larger fine.

Instead, ECan decided restorative justice was the best approach.

Mr Engelbrecht paid for the costs of ECan's investigations into the effect the pipe had on the stream, as well as replacing the pipe.

He has also agreed to work with Department of Conservation, Central South Island Fish and Game and the Waihao Runanga over the next year to look at ways of restoring the environment.

ECan regulations director Kim Drummond said the restorative justice method could be used in future cases. "There has been a growing realisation restorative justice can work in other areas, but it has never really been tested in the environment."

He said restorative justice could save all parties a lot of time, money and stress, provided the situation merited it.

Central South Island Fish and Game chief executive Jay Graybill said he was pleased with the outcome.

"We are always about getting the best outcome for the environment, so we are supportive of the process in this case. In this instance it was a farmer who has a pretty good record with the environment, and made an honest mistake."

Mr Graybill said he would welcome the restorative justice process being used in similar cases in the future.

Mr Engelbrecht said he never intended to cause any damage, and had a lot of respect for DOC's work around the area. "Everyone involved in the mediation was very fair. It was good something worthwhile came out of it, rather than the usual adversarial process."

- © Fairfax NZ News