Stopbank cuts costs farmers plenty

Steve Brown faced a fine of $67,500 for cutting through stopbanks in the Waiotu and Hikurangi rivers; Clim Lammers was fined $45,000 for cutting through the Hikurangi River stopbanks.

Over 1000mm of rain fell on the Hikurangi Plains last July transforming it into a 500ha lake. The water remained for at least a week, fatally choking grasses which can only live underwater for six days before dying and, in Browns case, leaving his workers and neighbours house sitting in 1m of water.

After a week of river levels not dropping enough to allow floodgates to work, the two farmers took separate decisions to cut into the bank, then called the Northland Regional Council to let them know about the action they had taken.

The council then issued infringement notices to both farmers for cutting the stopbanks in August, telling them they were putting the overloaded river system under more pressure and potentially compounding the problems of flooded property owners downstream.

While the fine imposed was well short of the maximum allowable $300,000, Brown says it was nevertheless disappointing, given he had pleaded guilty and had taken steps to fix the stopbank after the flood had passed. 

“Its sad that you’re not legally allowed to do what’s good for the environment, like letting heathy water out rather than letting it stagnate.”

Brown says, at the time, he needed to put 300 cows onto State Highway 1 to keep them safe. 

“We are raised to treat human life first, then animal welfare next, then to look the after environment as caretakers of the land. What else were we supposed to do?”

Brown hired a contractor to fix the Waiotu River breach in mid-July, providing Whangarei District Council staff a digger and a tractor to fix the Hikurangi breach.

In a way, the fine comes as a relief for Brown who says waiting for trial was a very drawn-out process.

The farmers weren’t asked for a plea till December, four months after the initial notice was issued and sentencing didn’t happen till April 13, seven months and four trips to the Whangarei District Court after the incident that resulted in the fine. 

“The first time we appeared for sentencing on January 16; they told us they wouldn’t be able to deal with the case because they didn’t have a judge present with enough background in environmental law.”

Brown won’t get any help to pay the fine as public liability insurance isn’t able to be used for fines. 

“I don’t even think I will be able to use it to pay for legal costs because the insurance isn’t able to cover acts that are deliberate. I don’t want to think about the case I just want to get back to the farm and focus on that.”