A south Auckland trucking company and its owner were fined a total of $45,000 in the Auckland District Court this week after pleading guilty to five charges of breaching the Resource Management Act 1991 (RMA).
Mr Mohammed Anwar was individually fined $30,000; his company a further $15,000. Her Honour Judge Dickey determined Mr Anwar should pay a greater proportion of the fine given “he was the eyes and ears of the company”.
Charges
Mr Anwar and Mobeen Transport Ltd were sentenced on charges of contravening a district rule through the unconsented operation of a trucking depot at Kaipara Rd in Papakura and for contravening an abatement notice requiring them to cease operating the depot.
Mr Anwar faced an additional charge of contravening an abatement notice requiring him to remove his trucking depot from Airfield Rd (also in Papakura).
The offending occurred between June 2023 and February 2024 when the defendants operated an unconsented trucking depot at Kaipara Road, south Auckland, with large trucks and piles of tyres identified on site in continued breach of an abatement notice issued in August 2019.
The defendants’ unconsented activities in a rural area caused distress to neighbouring residents, including loss of enjoyment, loss of sleep from the frequent sound of trucks, damage to roads, and frustration towards the unwelcome operation of a trucking depot near their homes.
Auckland Council’s Head of Investigations David Pawson says it was a great result for the council and for the neighbouring residents.
“To have the Court issue a deterrent sentence for persistent noncompliance by offenders taking a cavalier attitude towards the council, and towards their obligations under the RMA is reassuring to see.
“I would advise other people in similar situations that ignoring abatement notices can have significant consequences and encourage them to work with Council to resolve non-compliance.”
Case information
In May 2023, Mr Anwar was issued with an abatement notice in response to a similar operation of an unconsented trucking depot at Airfield Rd, which required him to remove all trucks, structures, and equipment from the depot by July 2023.
Mr Anwar failed to comply and continued his trucking activities, before eventually complying with the abatement notice in February this year after criminal proceedings had commenced.
The unlawful activities at Airfield Rd caused distress to nearby residents who complained of noise, dust, and odours emanating from the site. Trucks would frequently start up prior to 6.00am and blocked the road in both directions.
At sentencing, Judge Dickey said the offending was serious. The effects on the amenity of the neighbouring environment were highly adverse and the defendants were highly culpable.
The Court also noted that the defendants’ lack of concern for their neighbours was striking.
