This legal proceeding concerns resource consent applications by Remediation (NZ) Ltd for their Uruti composting facility. The case involves multiple parties including Taranaki Regional Council and several community organizations, with evidence presented regarding environmental impacts and operational compliance.
Remediation (NZ) Ltd operates a composting facility on State Highway 3, approximately 2 kilometers south of Uruti Village. The site processes organic waste including drilling mud, paunch grass, and various agricultural byproducts through composting and vermiculture processes.
The facility has been operational since December 2001, holding six separate resource consents with approximately 90 conditions from the Taranaki Regional Council.
Environmental Officer for Te Rūnanga o Ngāti Mutunga since January 2016, responsible for all resource consent issues within the Ngāti Mutunga rohe (tribal area).
BSc in Botany from University of Canterbury (1981). While presenting evidence from a cultural and observational perspective rather than as expert scientific testimony.
Primary contact between Te Rūnanga o Ngāti Mutunga and RNZ since 2017, with regular site visits and involvement in Mauri Compass monitoring fieldwork.
Initial consents granted on non-notified basis. No record of Ngāti Mutunga consultation.
Consents renewed for 8 years following 2010 hearing. Limited iwi engagement documented.
Ngāti Mutunga consulted on water storage dam construction. Support given conditionally, with right to oppose future renewals if operations didn't improve.
New consent applications lodged after 17 attempts to meet TRC requirements. Extensive consultation period begins.
Board decision made to oppose applications based on environmental and cultural concerns.
Significant adverse effects on the mauri (life force) of the Haehanga Stream, with potential downstream impacts on the Mimitangiatua River. Elevated contaminant levels affecting aquatic ecosystems.
Long-term adverse effects on populations of taonga species such as tuna (eels). In 2015, seven dead tuna were found during a TRC visit, with cause never established.
Kaumātua have stated they are not comfortable drinking water downstream from the site. The waterway is no longer suitable for traditional cultural practices.
Absence of suitable riparian vegetation to filter waste and maintain waterway health. Despite consent conditions requiring completion, planting remains incomplete after over 10 years.
The evidence reveals an extensive history of regulatory enforcement:
The 2020-2021 monitoring report rated the company's performance as "poor" - placing them in the bottom 3% of all Taranaki consent holders.
2020-2021 Period:
Drilling waste was supposed to be processed through vermiculture beds according to 2008 consent applications, which stated material would be "blended with shredded greenwaste, sawdust and wood shavings and rowed up for composting, and finally processed through vermiculture."
Material on Pad 3 was never processed as consented. Instead, it was spread around the site for bunding and "soil conditioning" without proper authorization, contaminating multiple irrigation areas.
As recently as March 2022, evidence suggested Pad 3 materials were again being spread around the site, despite repeated concerns from Ngāti Mutunga about this contaminated material.
The 2020-2021 monitoring report found elevated levels of barium, sodium, LOSP chemicals, and measurable total petroleum hydrocarbons in Pad 3 samples. Certain heavy metals were also elevated compared to baseline soil concentrations.
Exceedance of NPS-FM bottom line means 20% of most sensitive species are regularly impacted
Order of magnitude increase in E. coli between top and bottom monitoring sites in catchment
Some irrigation areas received over 500 kg N/ha - significantly elevated discharge rates
The wetland treatment system introduced sustained concentrations of total ammoniacal nitrogen to the Haehanga Stream throughout the monitoring period, exceeding both annual maximum and annual median national bottom lines under the NPS-FM 2020.
Marlene Benson's evidence documents multiple instances where RNZ provided misleading or false information:
As Benson states: "Inaccuracies in verbal and written statements from RNZ Management, their experts and staff has meant that Ngāti Mutunga now cannot trust the information they supply."
The 2020-2021 monitoring report concluded: "These undertakings question what may have been accepted on the site over time, which the Council is unaware of... This is a clear indication that the Company cannot be trusted to do what it states it will do."
When asked about acceptable future land uses, Ngāti Mutunga articulated clear cultural aspirations:
To be able to safely grow and eat kumara from the site
To collect and eat a variety of mahinga kai from the Haehanga Stream with sufficient numbers to harvest sustainably
To be able to drink the water from the Haehanga Stream
To be able to use plants growing within the site for traditional medicine
To be able to use the site safely for cultural purposes
These aspirations reflect the concept of kaitiakitanga - guardianship over natural resources that extends beyond property ownership. RNZ's response suggesting Ngāti Mutunga didn't have title to the land demonstrated a fundamental misunderstanding of cultural indicators and Māori environmental values.
Ngāti Mutunga repeatedly requested a Site Exit Plan during meetings with RNZ, identifying it as a priority concern.
The Plan appended to RNZ's Assessment of Environmental Effects was completely blank.
TRC confirmed RNZ verbally committed to supplying a plan, with the commitment copied to Mr. Gibson for verification.
As of the evidence date, Ngāti Mutunga had still not received a Site Exit Plan. Comprehensive sampling only occurred recently for the Environment Court hearing.
This pattern exemplifies what Benson describes as "one of the major frustrations" - RNZ's inability to carry out work in a timely and consistent manner, with promised actions remaining incomplete on subsequent site visits.
The biological monitoring concluded: "MCI declines significantly downstream of consented activities such as the wetland treatment system discharge as well as the irrigation areas." This demonstrates breach of consent conditions prohibiting significant adverse effects on aquatic life.
In June 2021, an abatement notice was issued requiring removal of all treated sawdust from the site. The Company had been accepting and composting LOSP (Light Organic Solvent Preservative) treated sawdust - an unauthorized material.
Spot samples from drilling mud pads demonstrated this practice had been ongoing for 15 years, in breach of consent. Trace concentrations of LOSP treatment chemicals were found in irrigation fluid, groundwater, and surface water.
The 2020-2021 monitoring report states: "The Company had deceived the Council for a number of years through the acceptance of treated sawdust. It also attempted to cover up the acceptance of waste oil in the same monitoring period."
Earlier monitoring periods recorded leachate breakout from the drilling mud pad and sawdust discharged into tributaries. Current contamination levels may not represent worst-case scenarios from previous years.
Percentage of Taranaki consent holders achieving high environmental performance in 2020-2021
Additional consent holders achieving good environmental performance
Bottom tier where RNZ was placed - demonstrating significant underperformance
The Council's evaluation is clear: "During the year, the Company demonstrated a poor level of environmental and administrative performance with the resource consents." This rating has been consistent over multiple years, showing no improvement in overall performance.
For context, the Council has used these compliance grading criteria for over 17 years, and they align closely with the Ministry for the Environment's Best Practice Guidelines for Compliance, Monitoring and Enforcement.
The evidence presents a stark picture of environmental degradation:
These impacts directly contradict the company's obligations under the Resource Management Act to avoid, remedy, or mitigate adverse environmental effects.
The relationship between RNZ and Ngāti Mutunga reveals:
As Benson states: "Although there have been major challenges to our relationship with RNZ we feel that we are still able to meet and interact with them in a useful and professional way. However, over the past 6 years there has developed a level of mistrust."
MARLENE ANNE BENSON