Legal stoush over $350k fence

A three-year battle over resource consent for a boundary fence has cost a high country station owner $190,000 in legal bills.

David Broomfield, who owns 1800ha Mt Dewar Station in Central Otago with four others, said legal fees for the stoush with Queenstown Lakes District Council had easily outstripped the $160,000 cost of building the fence.

"It's got to stop. We cannot afford it. This has far-reaching implications for the high country and for all farmers if you have to run and get a resource consent to put a fence up."

Carey Vivian, a resource management expert hired by the owners, said the dispute stemmed from earthworks required to create a "bench" for the 3.5km fence.

Work began in 2005 after the station owners agreed with the council to spend $1 million over 10 years controlling pines on the property.

Once cut down, the pines are best controlled through grazing stock, but the existing, dilapidated fence allowed sheep to wander on to the neighbouring Coronet Peak station.

Vivian said a new fence was built in 2005 and 2006 by bulldozing the bench with earthmoving machinery. After complaints from the Department of Conservation and Historic Places Trust about the earthworks' effect on the landscape, the council investigated.

It found that while the fence was permitted, resource consent was needed for the earthworks.

The matter was heard in the Environment Court, which found in the council's favour.

The landowners argued the earthworks should have been covered by the consent for the fence and appealed against the decision.

The High Court last year ruled the owners were entitled to carry out "all earthworks reasonably necessary to enable it to construct the fence".

But that wasn't the end of the wrangle - parties are back before the Environment Court to determine whether the earthworks were necessary.

Council regulatory and corporate services general manager Roger Taylor said the case was about upholding the district plan.

"If this is allowed, similar activity will be allowed in similar places of outstanding natural landscape, and the effect of that will be quite significant."

Broomfield accepted the earthworks had marked the hillside, but three years on vegetation had regrown and "you can hardly see where we've been".

And he hit out at the red tape, which had prompted potential investors in the area to take their money elsewhere.

"Partners I've been involved with for 18 or 19 years are now directing their money to Chile or Argentina.

"I've witnessed millions of dollars disappear out of this area in the past 12 months."

Regulatory Reform Minister Rodney Hide was aware of the stoush and said he was "shocked by the stupidity of it all. What's lacking in this case is common sense."

Hide said he was tackling red tape on several fronts, including work on the Local Government and Resource Management Acts.