A Wairarapa dairy farmer is facing penalties of up to $200,000 or jail on charges related to the massacre of hundreds of threatened native eels.

17.09.2008
By Nathan Crombie

A Wairarapa dairy farmer is facing penalties of up to $200,000 or jail on charges related to the massacre of hundreds of threatened native eels.

Greater Wellington Regional Council is to prosecute South Wairarapa dairy farmer Lloyd Rayner for illegal works in a stream draining into Lake Wairarapa on March 26 and 27, when a digger was used to clear plant life and excavate the stream bed to drain about 5ha of wetland partially covered by water.

Several hundred New Zealand longfin and shortfin eels died during and after the excavation work  either crushed or left on the banks to perish  and the Times-Age reported at the time the outrage of Featherston resident Pieter Terry who discovered the dead and dying eels the next day.

Greater Wellington environmental protection team leader Nic Conland said the excavation work had several negative environmental effects, particularly the death of the eels.
“Eels are a top freshwater predator in New Zealand and are considered vital to freshwater biodiversity. “Our longfin eels are also on the list of chronically threatened species,” he said.

Mr Conland said charges against Rayner include a count each of disturbing a riverbed, damaging or disturbing the habitat of animals, and taking or diverting water.

He is to appear in Masterton District Court on November 3 to answer the charges, which each carry maximum penalties of a $200,000 fine or two years jail, he said.

The stream is in an area identified in the Regional Freshwater Plan as being regionally significant, with a high degree of natural character, Mr Conland said.

He said material removed from the stream also distressed smaller species of fish, such as the common bullies, inanga, koura and freshwater shrimp species “with significant cultural and ecological values”, and the habitat quality has decreased and will take some time to recover.

“The primary message for us with these prosecutions against Mr Rayner is not a huge penalty, we’re not after that. We’re after a strong deterrent to all other regional landowners that they take care and responsibility when they are dealing with waterways, especially those of high natural character.”

Mr Conland urged landowners and contractors considering works to first contact Greater Wellington consents and compliance staff for advice.

“All stream works should be carried out in a way that avoids, or alleviates any adverse effects on vegetation and stream life.

“In this case, because of the area’s regional significance, a resource consent application should have been lodged prior to the works being carried out.”

Mr Rayner, who has been working as a South Wairarapa dairy farmer for 15 years, said yesterday he has been aware “for some time” that the council was investigating the eel deaths and the sanctions that could result from a successful prosecution.

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