A representative for Northlake says the company is disappointed by a Court of Appeal decision to dismiss its appeal over a conviction for silt discharge in 2017.

In 2019 Northlake, as well as its contractor Civil Construction Limited, were fined $42,500 by the Queenstown District Court for discharging silt and sediment-laden water, generated by earthworks in the subdivision, into the Clutha River two years earlier.

The discharge resulted in discoloration in the Clutha River for more than 500m downstream.

Civil Construction Limited pled guilty to the charge but Northlake lodged two appeals and, in its latest appeal, the judge upheld the 2019 Queenstown District Court decision.

“Ultimately,the developer’s obligation as consent holder is not to discharge any contaminant into water,” Justice Brown said. “To avoid causing a discharge, a developer must take all reasonable precautions as a prudent developer.” 

“The fact alone that a developer relied on its contractors to make relevant decisions does not alter that obligation.”

A representative from Northlake’s parent company, Winton, said the company “takes its environmental responsibilities very seriously”.

“In this instance where a silt discharge originated due to an event beyond the company’s control, Winton took every possible practical measure required,” Winton general manager Simon Ash said.

“Winton is therefore naturally disappointed by the Court’s decision, but accepts the outcome.”

The Queenstown Lakes District Council (QLDC) has been criticised for its failure to deal with numerous stormwater runoff instances during the past few years, including when the Alpha Series subdivision’s (in Meadowstone) stormwater pond overflowed and poured silted stormwater into Bullock Creek.

As recently as last year, residents said parts of the Hikuwai Reserve, including cycle and walking tracks, have been eroded by silt-laden channels of water coming from Northlake.

Read more: QLDC failed stormwater system subject of ORC complaint

According to NIWA, excess sediment can damage waterways by blocking light that allows algae to grow, harming fish gills, filling up important habitats, and stopping fish from seeing well enough to move around or feed.

PHOTO: Supplied