Quarry neighbours prepare for ongoing legal battle

A resource consent application to increase production at the Lake Road Quarry at Te Arai is scheduled for a hearing in the Environment Court next month.

The quarry, formerly owned by Karen and Sheryl Pacey, was sold to Lance O’Callaghan, of Mason Contractors, in September.

The Paceys last year applied to more than double production at the quarry from 60,000m3 to 130,000m3 annually. The new consents were for a 30-year time frame and sought to expand the quarry footprint to more than 38 hectares.

The application was declined by a panel of independent commissioners after a four-day hearing in May this year.

Mr O’Callaghan is now contesting that decision.

Neighbour Vincent Moores says the figure of 60,000m3 was a shock to residents as the quarry had only ever been consented to take 2000m3. He says it was, therefore, already in breach of its land use consent conditions.

The Lake Road Preservation Society is opposing the quarry expansion on the health and safety grounds. It started its legal challenges in December 2017 when the Pacey family tried to apply for a non-notified consent to increase production.

The society applied to the Environment Court to have the consent for 2000m3 enforced, but proceedings were dropped when the quarry owners agreed to a notified consent process. Mr Moores says throughout these proceedings, the quarry still operated in breach of its consent.

“Our concern with the expansion is the number of trucks that will be on the road. It’s only four metres wide in some places and two vehicles can’t get past each other,” he says. “Up to 100 trucks a day on a near single-lane, unsealed road seems like madness.”

He says there are 60 residents within five kilometres of the quarry, with further lots being developed at Tara Iti.

Mr Moores says that the quarry is also close to Slipper and Spectacle Lakes and the Te Arai Regional Park, which are important habitats for native birds.  

“Lake Road residents have spent hundreds of thousands of dollars over two years fighting this expansion. Now we have to start again, which is absolute nonsense.

“While I speak, there is truck after truck of metal being carted from an unconsented quarry and Auckland Council is not enforcing it.”

Lance O’Callaghan did not wish to comment, other than to say that the matter would be heard before the Environment Court shortly.

“It would be appropriate to wait for that to happen rather than debating the case publicly,” he said.

The preservation society will be represented by barrister Richard Brabant, who also represented it at the first hearing in May.