We were denied natural justice on land use, say Netflix star duo Matt and Kaia Wright

Matt and Kaia Wright say they were ‘denied natural justice’ when a NT authority commenced enforcement action against them over alleged illegal ‘use of land’ at one of their properties.

Kaia and Matt Wright. Picture: Tim Hunter.

Netflix stars Matt and Kaia Wright say they were “denied natural justice” when a Northern Territory authority commenced enforcement action against them over alleged illegal “use of land” at one of their Top End properties.

The Development Consent Authority alleges the celebrity croc-wrangler and his social media influencer wife have “contravened and are contravening” section 75 of the Planning Act.

Under that section of the act, a person commits an offence if they intentionally use or develop land without a permit, that use or development contravenes the planning scheme on that land, and the person is reckless in relation to that result.

The Wrights declined to comment on the dispute but The Australian understands it relates to land use at the couple’s 3.24ha Virginia home, 28km south of Darwin and bought in 2017.

Northern Territory Civil and Administrative Tribunal documents obtained by The Australian reveal the dispute began after the Litchfield Division of the DCA received complaints about the Wrights’ land use and issued them with a “show cause” notice. When no response was received, the DCA on October 24, 2022, issued an enforcement notice.

The Wrights, who star on ­reality TV series Wild Croc Territory, then applied to the NTCAT on November 21 for an order “that the enforcement be set aside”.

The couple’s initiating application – lodged by their representative, Samuel Nixon – claimed they were denied natural justice, that the enforcement was unreasonable on the merits, that the DCA failed to appropriately consider the evidence presented and that they had “prior use rights” and protections.

In its response on December 21, the Litchfield DCA disputed the claims and reiterated its decision to issue the enforcement notice. “The evidence book shows the respondent provided numerous oppor­tun­i­ties for the applicants (through their represent­atives) to provide responses and evidence in relation to the complaints … and the applicants’ assertion of an ‘existing use’,” DCA lawyer Jon Bortoli wrote. “A ‘show cause’ notice was issued to the applicants … prior to issuing of the enforcement notice. The assertion the applicants were denied natural justice is baseless.”

The DCA said there was “ample evidence” the Wrights “have used land and continue to use land in contravention of the planning scheme”.

“The applicants have not provided sufficient evidence to establish any ‘existing use’ rights … despite being afforded ample opportunities to do so,” Mr Bortoli wrote. “It is clear from the terms of the enforcement notice that the respondent considered all relevant evidence.

“Having done so, it continued to believe on reasonable grounds that the applicants had contravened and are contravening section 75 of the Planning Act 1999.”

The DCA said the Wrights could have applied for a Certificate of Existing Use “at any time” to support their claim.

An NTCAT directions hearing before president Mark O’Reilly was held last week at which the Wrights’ lawyer, David De Silva, tried to prevent The Australian from accessing documents related to the land use dispute. “It would be dangerous, in our submission, for you to allow early access at this point before you are provided with the full cases from both parties and understand the case,” he said.

“I’m also compelled to raise with you … that Mr Wright is subject to criminal charges and is facing charges in another court.

“Early publicity of the matters that are at issue in these proceedings may prejudice him in that other matter.”

Mr O’Reilly this week granted The Australian access to the initiating application and response.

The matter has been set down for a compulsory conference on February 22. If it is not resolved then, it will proceed to a hearing.