A south Auckland trucking company and its owner were fined a total of $45,000 in the Auckland District Court last week after pleading guilty to five charges of breaching the Resource Management Act 1991 (RMA).
Mohammed Anwar was individually fined $30,000 and his company Mobeen Transport Ltd a further $15,000.
The sentences were 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, Auckland Council said in a statement.
Anwar faced an additional charge of contravening an abatement notice requiring him to remove his trucking depot from Airfield Rd, also in Papakura.
Auckland Council says 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,” council says.
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.
Auckland Council 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.”
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.
Judge Dickey determined that Anwar should pay a greater proportion of the fine given “he was the eyes and ears of the company”.
