14-05-2025
Company fined for wetland herbicide damage
A North Otago helicopter company has been fined for spraying glyphosate-laced herbicide over a 16,724sq m swathe of native plants at a Waitaki Valley wetland, actions that will take up two decades to undo, court documents reveal.
Heliventures NZ Ltd last month pleaded guilty in the Christchurch District Court to two breaches of the Resource Management Act.
The charges, detailed in online sentencing documents, relate to damage to indigenous vegetation and wetlands during aerial herbicide spraying at a property (Fairview Forest) owned by NZCF (Investl) Ltd in March and April 2021.
"NZCF [the co-offender] has pleaded guilty and was convicted and sentenced in relation to similar charges in May 2024," Judge K.G. Reid said.
"Prior to the aerial spraying, NZCF identified for restoration purposes approximately 31ha of area that covered waterways and areas within a 20m setback from waterways," the judge said.
"The restoration areas were identified for the purposes of obtaining a retrospective resource consent from WDC [the Waitaki District Council] to clear vegetation which had been unlawfully cleared by NZCF when Fairview Forest was established in 2011-2012," the judge said.
"Following the receipt of the geospatial files, and prior to spraying, the Heliventures pilot conducted a pre-spray flyover to check for any red flags. No other steps were taken to identify areas of ecological significance or to check the integrity of the information provided to Heliventures by NZCF.
"On April 21, 2021, a compliance officer from WDC observed the helicopter spray operation in progress while he was visiting a neighbouring property. These observations led to an investigation which identified that areas of indigenous vegetation and wetland had been cleared.
"Fairview Forest is situated on gentle hill country in the headwaters of the Awamoko Stream. The property contains valley-bottom wetlands which contain indigenous vegetation.
"The area affected by spray was 16,724 square metres. The extent of damage varied from severe damage to the whole of some areas to less severe but still significant damage in other areas ... some of this vegetation may well recover, but regeneration of some plant species may be difficult.
"Overall, even if recovery was to occur it could take 10 to 20 years to reach a similar pre-spraying state if areas are left to recover naturally."
Heliventures NZ was convicted on both charges and fined $16,800.
The judge ordered 90% of that to be paid to the prosecuting authority, the Waitaki District Council.
The maximum fine available to be imposed was $600,000.
However, the judge took into account the company's genuine remorse and good character, along with a glowing reference from Waitaki District Mayor Gary Kircher.
"In summary, he states that there is 'no doubt that Heliventures is a company which has a community focus and which has brought many improvements to our district and beyond through all the good work they do, whether paid or voluntary'."
The judge said the helicopter company should have made basic checks before spraying.