A court battle is playing out over what to do about a mountain of dirt situated behind an east Auckland gas station.
An Environment Court decision by Judge Melinda Dickey relating to the dirt pile located adjacent to the Mobil gas station in Smales Road, East Tamaki, states the court action involves Auckland Council and Eco Earth NZ Limited, New Zealand New Oak Property Limited, and Gareth Williams.
Eco Earth NZ Limited is the topsoil recycling company which was the site’s tenant and operator, while Williams is the company’s director and New Zealand New Oak Property Limited the landlord.
The council has applied for an interim enforcement order against Eco Earth NZ Limited, New Zealand Oak Property Limited and Williams in relation to the site.
A subsequent court judgement orders a remediation action plan be submitted to the council for certification.
The plan would set out the remediation works required to make the site sufficiently safe and stable to enable the council to undertake the necessary works on the adjoining Greenmount Closed Landfill and to remove sufficient fill and material to stabilise the site “so it does not present risks and adverse effects to adjoining sites”.
The judgement states the site is located on the edge of the Greenmount Closed Landfill and is approximately 5,543 square metres in size.
“The majority of the site’s southern boundary is shared with the Mobil Service Station, with the eastern part shared with a car dealer.
“The western site boundary with the Greenmount Landfill is formed by a substantial timber pole retaining wall, with the northern boundary also with the Greenmount Landfill, and the eastern boundary with a construction plant yard.
“Auckland Council owns the Greenmount Landfill site.”
Regarding the grounds for enforcement orders, the judgement states the council was concerned about the “stockpiling of excessive material and fill on the site, the adverse effects of those works on the adjoining Greenmount Landfill, and the potential risk posed to the surrounding environment”.
Adverse effects that were raised include potential for slope failure to affect the site and neighbouring properties, “safety concerns arising from the covering of gas migration wells and probes at Greenmount Landfill”, and potential for flooding effects.
Williams claimed waste had been left on the site before he and his company took it over.
He said when the site was advertised in March, 2023, it had “approximately 12,000sqm of waste left by previous tenants”.
“This included waste from construction sites, burned machinery, vegetation, demolition debris, soil, rubbish, concrete with reinforced steel, and concrete without reinforcement.”
Williams told the court he’d removed all of his machinery from the site and he hadn’t been on the site since well before August, 2024, and no one working with or for him had been there either.
According to the court judgement, New Zealand New Oak was generally supportive of the orders being sought by the council.
“Its intention is to work with the council to perform any outstanding work that is required.
“However, it also considers that a considerable amount of work will need to be done by the council.”
Mobil joined the proceedings in September, 2024.
The company’s key concerns were the potential impacts on the site on Mobil’s operations in Smales Road where its gas station is located.
The concerns relate to “potential slope failure, the danger from the earthworks and construction of a large stockpile of soil/earth on the Mobil station and the risk of flooding”.
“The stockpile has already damaged the fence to the Mobil station site as well as the car washing building.
“Mobil is also concerned about the potential for gas explosion from the neighbouring landfill which could pose a serious risk.”
Auckland Council field operations manager David Pawson says the council investigated activity at the site and as a result, an enforcement order by the council against the occupier and the property owner has been granted.
“The hearing for a full enforcement order was held on October 7, 2024, and full enforcement orders requiring works to cease and remedial works to occur were granted on November 1, 2024.”
Mobil declined to comment on the situation.
The Times also contacted Williams for comment. He replied: “As the situation is with legal teams and currently in court, unfortunately I can’t comment further on the matter.”
Eco Earth NZ Limited has subsequently been placed into liquidation and its lease at the site in Smales Road has been cancelled.
