The Environment Court has ordered a businessman to stop discharging sewage on land until he obtains a resource consent.
For more than a year, Ross Waldron has been pouring sewage - collected through his septic tank cleaning business - into ponds on a rural property without a resource consent, which prompted the Northland Regional Council to apply for a stop order four days before Christmas.
The council sought an interim enforcement order to prevent Mr Waldron moving his operation again to another site without first obtaining the required resource consents.
However, the court refused to issue an interim enforcement order because the council failed to provide evidence Mr Waldron's actions caused immediate health risks or
contaminated the environment as defined in the Resource Management Act.
The court said the council also did not think about unintended consequences, such as septic tanks overflowing during the busy holiday season if Mr Waldron was unable to continue his operation.