In his reserved judgment released this week, Judge Harding said the charges against Goldsmith had been proven. He then went on.
"Although I find the charges proved I feel it necessary to make some additional comment on the circumstances."
Judge Harding said what Goldsmith was attempting to do - "clean out rubbish, contour the lake edge, improve the water quality and create a sandy beach" - appeared to have been done elsewhere around Lake Okareka "with impunity".
He said the department's complaint that raupo had been removed during the works involved "the prosecution of Mr Goldsmith in part for actions which have clearly been taken by a number of other people in similar circumstances".
He said photographs provided by Goldsmith showed a number of lakefront properties with "apparently unnatural sand beaches, cleared access to those and/or boat houses and retaining walls and the like" which were likely to be within the marginal strip.
"I am left with a sense of unease about what appears, at least at a prima facie level to be an unequal application of laws of more general application."
Earlier in the judgment, Judge Harding said Goldsmith clearly felt he'd been unfairly singled out.
"[Goldsmith] evidenced a strong sense of grievance and victimisation in relation to the entire prosecution, pointing out that a number of properties around the lake had raupo areas in front of boat sheds cleared, and had extensive landscaping work carried out apparently through the use of machines, to create beaches with imported sand in much the same way as he was proposing.
"His evidence in that regard was unchallenged and I accept [it]."
Lake Okareka Community Association chairman Geoff Palmer said while he didn't believe Goldsmith had been unfairly targeted he acknowledged other lake residents had brought sand in and many property owners had removed raupo as it impeded use of the lakefront. However, most of the time it was the "odd spraying" and not removal on the scale Goldsmith was doing.
He said it was a "grey area" and most people probably hadn't realised what they were doing was illegal.
Goldsmith faces a maximum one year's imprisonment or a $10,000 fine on each charge when he is sentenced in the Tauranga District Court on February 19.
The outcome will have wider implications for the Lake Okareka community, Mr Palmer said.
"Sentencing could be interesting. It will tell us how serious an offence it is or if it's just a slap on the hand."
Goldsmith declined to comment on the decision while the department was unable to respond to Rotorua Daily Post's questions before deadline.