Irate farmer fined $11,000 after attack on council staff

A pensioner has been fined $11,000 after he wrenched a camera from a council officer's neck and forced him to delete photos showing he was illegally digging out a stream.

Robert Laing, 66, was lucky to escape assault charges after angrily confronting Auckland Regional Council officers who were sent to investigate his digging, the Auckland District Court has found.

He marched the pair off his property and refused to return their camera until the photos were deleted, even after one of the officers showed him a warrant allowing them to be there.

In his sentencing notes, Judge J. A. Smith said Laing might have got away with a $4000 or $5000 fine had he been more even-tempered.

The Papakura farmer was found guilty and fined $3500 on each of two charges - one of digging out 350m of stream bed on his property without a resource consent, and one of digging out a stream without using sediment controls.

He was also found guilty and fined $1200 each - almost the maximum fine - on two charges of obstructing a council officer at his 6.3ha property at 619 Papakura-Clevedon Rd.

Judge Smith considered imposing a sentence of community work for the obstruction charges but said a fine would send a clearer message to the local farming community.

"Unfortunately, I think the real issue here, Mr Laing, is that you have a view that council officers have no right to be on your property or to control the use of that property. That is not the law in New Zealand."

The judge found damage to the stream and water quality was at the lower end of the scale for that type of offence.

With court, council and lawyers' costs, the fines totalled $11,455.

A council contractor visited Laing in November after spotting a digger excavating the stream bed and told him he would be coming back.

The judge found Laing appeared to be "worked up" when he saw two officers on his property two days later.

He brought his Toyota Hilux into the property, closed the gate, then released his dog and "motioned it towards" the two council staff.

He got back into his truck and drove towards the officers, then shook hands briefly with one before grabbing his camera and forcing him to bow his neck.

Judge Smith said seizing the camera came close to, or would satisfy, the requirements for laying criminal assault charges.

He said there was no doubt Laing knew the men were council officers as he had seen their car with the council logo, they had asked for consent to be there and one of the men was wearing a high-visibility vest saying "Auckland Regional Council".

Laing's lawyer argued that his client, who receives a superannuation benefit, did not know about planning rules that required him to get consent before digging the stream. He said Laing had undiagnosed diabetes at the time of the offences and that affected his behaviour.

The judge found Laing had phoned the council after his treatment for diabetes and was "aggressive and belligerent".

"He indicated that even if a search warrant were obtained he would remove council officers from the property."