In a reserved decision handed down in the Auckland District Court on Friday 18 October, contractor Prameet Sharma was fined $144,500 and ordered $11,575 in reparations for extensive violations of the Resource Management Act (RMA), involving illegal earthworks and environmental contamination at his Drury property at Judge Richardson Drive, Drury.
Sharma was convicted on three charges, including breaching an abatement notice, depositing contaminated fill, and conducting unauthorised earthworks exceeding legal limits.
The fine is the largest handed down to an individual in recent years for breaches of the RMA.
Serious environmental harm
Judge Semple, referencing a report that found hazardous materials including asbestos, arsenic, and lead in the fill deposited by Sharma, described the environmental harm as significant and long-lasting, and the effects of the offending on the environment as serious.
"Even once remediated, the site will remain a HAIL (Hazardous Activities and Industries List) site with 'no build' areas, which is a significant consequence of Mr Sharma's actions."
The court heard that between 2015 and 2022, Sharma allowed illegal earthworks on his property, depositing over 33,900 cubic metres of contaminated fill, far exceeding the permitted consented limit of 5,000 cubic metres.
The fill, which included asbestos and other harmful materials, was found to have travelled onto neighbouring properties, causing land instability and damaging ecosystems.
Reckless and prolonged breach
Judge Semple emphasised Sharma’s culpability, noting he ignored repeated warnings and enforcement actions from Auckland Council.
"Mr. Sharma was alerted to issues with the volume and placement of fill as early as 2015.
“Despite receiving abatement and infringement notices, Mr Sharma continued illegal activity. His disregard for the legal process and expert advice resulted in long-term environmental damage.”
The judge rejected claims Sharma was merely trying to resolve issues arising from the council’s changing parameters.
"I find limited evidence to support this assertion," said Judge Semple. She noted Sharma refused to comply with council directives and acted with a high level of culpability. "Mr Sharma chose to continue undertaking earthworks in breach of his consent."
Public deterrence
Auckland Council’s Team Leader Investigations David Pawson was happy with the outcome.
“The court ruling marks a strong stance in upholding the integrity of environmental laws and sends a clear message to the public regarding the consequences of non-compliance.
“The decision highlights the importance of holding an offender accountable to prevent similar violations in the future.”
Failure to remediate
The court ruled out a discharge without conviction, finding the seriousness of the offences and their ongoing impacts warranted a significant penalty.
While the court acknowledged enforcement orders were issued to Sharma in 2024, Judge Semple noted no remediation had taken place despite these orders and refused to grant credit for remediation work, stating that returning the land to a compliant state is the bare minimum requirement.
Final orders
In addition to the $144,500 fine, Mr Sharma has been ordered to pay $11,575 in reparations to his neighbour, whose property was damaged due to the migration of contaminated fill.
