Auckland contractor fined for ‘serious breaches’ of Resource Management Act

This fine is the largest in recent years imposed on an individual for violating the RMA.

Judge Lauren Semple described the environmental damage caused by Sharma as significant and long-lasting and the environmental impact of the offense as serious.

The report said hazardous materials, including asbestos, arsenic and lead, were found in the fill placed by Sharma and were found at nearby properties.

“Even after restoration, the site will remain a Hail (Hazardous Activities and Industries List) site with areas ‘undeveloped’, which is an important consequence of Mr Sharma’s actions,” Judge Semple said.

The court heard that between 2015 and 2022, Sharma allowed illegal excavation work on his property resulting in the release of more than 33,900 cubic meters of contaminated fill, far exceeding the permitted agreed limit of 5,000 cubic metres.

Judge Semple said Sharma ignored repeated warnings and enforcement action from Auckland Council.

“Mr Sharma was alerted to problems with the volume and placement of fill back in 2015,” she said.

“Despite receiving notices of price reductions and violations, Mr. Sharma continued his illegal activities. His disregard for the legal process and expert advice has resulted in long-term environmental damage.”

The judge rejected claims that Sharma was trying to resolve problems arising from changes to the board’s parameters.

“I find limited evidence to support this claim,” she said.

She noted that Sharma refused to obey the board’s directives and acted with a high degree of culpability.

“Mr Sharma decided to continue the excavation work in violation of his consent.”

Auckland Council investigations team leader David Pawson said the decision reflected a strong stance in “upholding the integrity of environmental laws and sends a clear message to the public about the consequences of non-compliance”.

“This decision underscores the importance of holding the offender accountable to prevent similar violations in the future.”

The court ruled out release without conviction, finding that the seriousness of the crimes and their ongoing consequences warranted a significant penalty.

While the court accepted that Sharma had been issued writs of execution in 2024, Justice Semple noted that despite these writs, no restoration measures had been taken and refused to grant credit for restoration work, saying that returning the land to proper condition was minimum requirement.

In addition to the $144,500 fine, Sharma was ordered to pay $11,575 in restitution to his neighbor whose property was damaged due to the migration of contaminated mound.

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