Information relating to Alleged unauthorised activity and fire incident (Our ref. 890).
We have decided to release the information you have requested; - please see our answers below, in blue.
Request:
Please find attached a photograph of the scrap material currently present on the site. Scrap metal continues to be deposited, and Mr Tiffen continues to advertise the operation in the Fairlie Accessible.
On Saturday 17 December, mobile plant was observed operating on the site at approximately 10:58 pm. A fire ignited shortly after 11:00 pm, resulting in the Fairlie Volunteer Fire Brigade being deployed at 11:33 pm. Mobile plant appeared to continue operating intermittently until at least 3:07 am.
The fire and associated activities generated persistent, strong, and noxious smoke, which affected neighbouring properties throughout Sunday.
These activities appear to constitute ongoing unauthorised use of the site and may involve non-compliance with the Mackenzie District Plan, including (but not limited to) permitted activity standards relating to noise, hours of operation, and the outdoor storage and processing of materials. The discharge of smoke may also constitute an unauthorised discharge to air under the Resource Management Act 1991.
I request clarification on:
Whether the Council has investigated these matters:
Council does not have a role in fire investigation and therefore cannot comment on the fire - this is carried out by Fire & Emergency New Zealand. We also note that distribution of smoke into the air is regulated and enforced by Environment Canterbury.
However, the Council has been investigating, and continues to investigate, matters regarding breaches of the Operative District Plan. After a site visit to the property, it was concluded that the activity was operating in breach. A timeline of Council’s investigation is noted below:
- March 5, 2025 to March 26, 2025, Mackenzie District Council (MDC) received multiple complaints from the community regarding 28 Clayton Road, this property is visible from State Highway 79. The complaints were in relation to industrial type waste being visible and offensive. Complainants also had concerns regarding truck movements to and from the site and concerns for road safety.
- March 17, 2025 – MDC compliance officer contacts owner with limited response to phone calls.
- March 18, 2025 – Initial investigation begins regarding what is happening on site and by whom.
- March 25, 2025 – Property occupant publicly advertising ‘scrap yard’ activities. Occupant contacted to advise prohibition of collecting further material and processing it.
- 1st April, 2025 - Abatement notice to cease all industrial activity and remove all industrial material is issued to owner and occupier of 28 Clayton Road.
- June 2, 2025 – Further complaints received regarding further scrap material arriving on the property.
- June 26, 2025 – Site visit by both Environment Canterbury (ECAN) and MDC compliance. Potential consequences of not ceasing and remedying the property discussed and whilst on site steps undertaken by occupier to begin rectifying situation and indicated that work would cease.
- July 1st, 2025 – Property observed by MDC compliance as having had removed some of the large scrap material.
- July 30th, 2025 – MDC compliance received further complaints about scrap metal build up again with scrap metal processing facility at the location being available again.
- July 31, 2025 – MDC contacts ECAN to advise further evidence of scrap metal after completion of June 26 site visit.
- August 4, 2025 – Two compliance officers completed another site inspection and recorded evidence of industrial waste build up.
- August 9th 2025 – Explosion and 111 call out to site to attend a fire. Compliance officer easily observes from outside the property black smoke and metal within the fire. This matter was not investigated by MDC as fire investigation is under the jurisdiction of Fire & Emergency New Zealand.
- August 20, 2025 – MDC received further complaints regarding the site.
- August 27, 2025 – MDC contacts ECAN, sending through photos of property with concerns of contamination.
- September 1, 2025 – First abatement notices issued to occupier and owner were cancelled and new abatement notices issued instructing that industrial activity is to cease immediately and industrial material is to be removed by 19September 2025.
- September 1, 2025, MDC advise ECAN of explosion on property and advised that a chemical pit was the cause of the explosion.
- September 21, 2025 – MDC contacts ECAN requesting they undertake appropriate action.
- September 24, 2025 – MDC compliance officers visited site and evidence obtained.
- September 24, 2025 – Occupier continues to advertise “scrap yard” of the site.
- September 29, 2025 - Infringement notice issued to both owner and occupier for contravening abatement notices.
- October 2, 2025 – MDC compliance officer observed from road boundary continuation of industrial activity and storing of scrap metal.
- October 13, 2025 – MDC compliance officer continues to observe growth of activity.
- October 15, 2025 - MDC receives further complaints of industrial activity on the site with additional operating machinery being brought onto site and additional white goods being delivered.
- October 15, 2025 – MDC contacts ECAN to notify of ongoing industrial activity on property.
- October 21, 2025 – MDC contacts ECAN with further photos of property and evidence of ongoing industrial activity.
- October 29, 2025 - Reminder notice was issued to owner and occupier for infringement notices that have not been paid for contravening abatement notices.
- November 11, 2025 – MDC contacts ECAN with further photos of activity at the property.
- December 12, 2025 – Outstanding infringements for both property owner and tenant passed to the courts for enforcement.
- January 26, 2026 – MDC resends photos of activity at the property to ECAN at their request.
- February 4, 2026 – ECAN advise that they have now logged a pollution event and enlisted a contaminated land scientist.
What compliance or enforcement action, if any, has been or is proposed to be taken (including consideration of abatement, infringement, or enforcement proceedings).
Several visits have been undertaken, and council’s investigation continues. It has been established that there was, and that there remains, a breach of permitted activity on the site at 28 Clayton Road.
Abatement notices were subsequently issued to both the owner and the occupier of the property instructing them to cease all industrial activity and to return the site to its previous condition.
The abatement notices were contravened, resulting in the issuing of infringement notices to both parties. These infringements were not paid within the required time period and have been referred to the court for enforcement.
Council is proposing further abatement notices and if there is no compliance with these notices the Council will consider applying for an enforcement order.
This response is limited to actions instigated by MDC. Environment Canterbury have also received complaints and requests for investigation, and you may wish to contact them for an update on their activity to date.