A pig farmer who tried to create a 'park” for his family by dumping demolition waste into Tauranga Harbour has failed to appeal his convictions.

Tio Faulkner's illegal expansion into Tauranga Harbour was spotted in a 2019 aerial survey by Bay of Plenty Regional Council, and follow-ups revealed a piggery releasing effluent into the water.

He was sentenced to three months and two weeks' imprisonment back in February 2022 after being found guilty of six charges related to offending under the Resource Management Act and ordered to pay $5000 towards costs.

But he launched a high court appeal stating, among other things, that he'd been 'railroaded” and his indigenous rights to the whenua ignored.

At his sentencing Faulkner represented himself, and Judge Prudence Steven described his submissions as numerous, lengthy and 'bordering on being unintelligible”.

His offending was 'sustained and unrepentant”, she said.

He used broken concrete to build what amounted to a three-metre high platform, about 30 metres wide and stretching 15 metres into tidal flats.

In total, it covered some 1000sqm.

Stuff later revealed his offending left ratepayers with a $330,000 clean up bill.

Faulkner's appeal to the high court cited breach of tikanga, unlawful actions by Bay of Plenty Regional Council and a breach of Te Tiriti o Waitangi.

This is noted in a written ruling by Justice Paul Davison, released to Stuff by the High Court in Tauranga.

Tio Faulkner, pictured at his sentencing in February 2022, submitted that his indigenous rights to the whenua were ignored. Photo: Benn Bathgate/Stuff.

'Other matters listed are largely incomprehensible in terms of being any possible relevance to the appeal,” Justice Davison said.

Describing Faulkner's oral submissions, Justice Davison said they 'generally lacked focus and were difficult to follow”.

'As I understood him, his principal submission is that his rights as the owner or custodian of the aboriginal or native title to the land which is the subject of the charges have been disregarded and effectively ignored by the District Court Judge in her decision finding six of the charges he faced proved,” he said.

'He submits that his rights have been what he terms ‘railroaded' and his indigenous rights as owner of the whenua passed to him by his forebears have been ignored.”

Prosecutor Adam Hopkinson​ told the High Court evidence put before the District Court 'clearly established that the appellant was responsible for hundreds of tons of hard fill waste being spread from the appellant's property at Matapihi​ Rd and extending into the foreshore area of the Coastal Marine Area of Tauranga Harbour”.

He also said Faulkner's convictions came in the wake of an eight-day hearing 'and the presentation of substantial prosecution evidence to prove the charges”.

He also described a number of 'writs” issued by Faulkner as "largely unintelligible” and 'not relevant to the appeal”.

Justice Davison said it was 'clear from Judge Steven's decision that the evidence presented to the District Court by the respondent and accepted by the Judge comprised a compelling evidential foundation for the Judge's findings regarding the charges being proved beyond reasonable doubt”.

He said Faulkner had failed to show Judge Steven erred resulting in a miscarriage of justice.

'The appeal against conviction is dismissed.”

-Benn Bathgate/Stuff.