KEY POINTS:
A group of Bay of Islands oyster farmers forced by sewage spills to shut down have been hit with a legal bill of more than $300,000.
Since their farms in Waikare inlet were closed in 2001, two farmers have sold their properties, two are leasing other farms and others have switched to trades such as building and painting.
The 11 oyster farmers blamed the nearby Kawakawa sewage treatment plant for the contamination and tried last year to sue the Far North District Council for $12 million.
But the High Court ruled in the council's favour, saying the pollution could have come from septic tanks or boats.
Riskpool, the council's insurer, claimed legal costs of $806,031 from the farmers. The farmers offered $200,000 as a full and final settlement.
In the High Court at Auckland on Thursday, Justice Helen Winkelmann sealed a judgment of $324,272, which the farmers' lawyer, Colin Pidgeon, said would not be appealed.
Now the farmers have asked Far North Mayor Wayne Brown to cover the remaining $124,272 because of their financial hardship.
They said Far North ratepayers had benefited from Government subsidies to improve sewerage, with the council using the farmers' plight in its funding applications.
Farmers of New Zealand operations director Bill Guest said the farmers could be forced into bankruptcy or have to sell their homes because they had been out of business since 2001.
Before 2001 about 40 per cent of oyster exports had come from Waikare farms, which had employed more than 40 people.
Although the source of the pollution could not be determined, Mr Guest said the High Court said their case did not lack merit.
Oyster farmers spokesman Alan Tindall said their future hung in the balance because, apart from settling the court bill, they still needed to pay $3 million to clean up their farms.
He welcomed the decision that they could now relocate their contaminated farms by only 5m, instead of 500m, although their enthusiasm for oyster farming had been "somewhat dented" by the legal battle.
"We wouldn't have gone to court if the 5m rule was in existence then."
- NORTHERN ADVOCATE
