Significant fine for environmental offending

Waikato Regional Council v Flint Farms Limited [2024] NZDC 20036 is a recent sentencing decision that illustrates the high penalties associated with environmental offending. The 14 charges brought under the Resource Management Act 1991 (RMA) related to effluent discharges and contraventions of abatement notices. Flint Farms Limited, its owner Barry Flint, and farm manager Gavin Flint were convicted and fined a record NZD305,600.

The discharge of contaminants occurred on a 177-hectare farm in Ngatea. The farm's effluent system included two effluent ponds, a sump, and a stock underpass, operating under the Waikato Regional Plan's permitted activity rules. These rules allow for the storage and discharge of farm effluent to land. However, the rules are subject to conditions that specifically prohibit the discharge of effluent to water from holding facilities, requiring that storage (and associated) facilities are in place to achieve compliance.

The breaches occurred between August 2022 and June 2023 when dairy effluent was discharged into the environment, contaminating nearby land and waterways. The overflows were significant and demonstrated systemic problems with the farm's irrigation, maintenance, and management. Following a complaint from a member of the public, two abatement notices were issued in September 2022 directing the cessation of unlawful discharge and requiring specific actions to address the issues. These abatement notices were not complied with, and the necessary upgrades to the farm's effluent management system were not implemented.

As a result, 14 charges were filed against the defendants for offences of discharging contaminants contrary to section 15(1)(b) of the RMA and for contravening or permitting the contravention of an abatement notice. The defendants were sentenced last month and fined a combined NZD305,600. All defendants received a 25% discount for an early guilty plea and a 5% discount for good character. In addition, the Court issued an enforcement order requiring the farm to implement an infrastructure upgrade plan.

This sentence sends a strong message about the seriousness of environmental offending, particularly in the dairy sector, where well-established regulations exist. Judge Dickey emphasised that experienced farmers should be aware of all applicable rules and ensure they are observed. Judge Dickey also noted that the duration of the offending demonstrated either an inability or unwillingness to address the management issues in a timely way. The message is clear – there will be no tolerance for inadequate farm management infrastructure.

This decision demonstrates the importance of dedicated enforcement and monitoring efforts by councils. Councils play a crucial role in holding non-compliant operations accountable and ensuring compliance with the RMA. This sentence also provides insight into the consequences of such offending and signals a shift towards stricter enforcement and higher penalties.