• News
• News Archive
• Media Contact

Dairy farmers face tougher penalties

By Han van der Wal, Associate

First published in The Rural News 19 May 2009

Dairy farmers whose effluent disposal systems aren’t up to scratch can expect to feel more pain in their pockets in resource management prosecutions, according to environmental law specialist Hans van der Wal, of Duncan Cotterill. 

This follows a tougher approach to sentencing recently signalled by Judge Jane Borthwick who fined a Kowhitirangi dairy farmer $50,000 - for a single offence of pumping dairy shed effluent into a drain that discharges into the Hokitika River on the West Coast.

“By way of comparison, a recent overflow of effluent from an irrigator to a drain also discharging to the Hokitika River had attracted a fine of $20,000,” van der Wal said, who was the prosecuting solicitor in both cases.

Judge Borthwick indicated that a basic starting point of $55,000 was necessary, as previous fines just did not seem to be a deterrent.  She also said that the deliberate nature of the raw effluent discharge made the offending more serious than other cases.  The farmer had been very fortunate that he had not been charged with a continuing offence, Judge Borthwick said. 

“The inference is clearly that continuing discharges would have led to an even higher fine,” said van der Wal who also acts for defendants in environmental law prosecutions.

Judge Borthwick went on to give the farmer a considerable reduction in fine because of his early guilty plea, but then reversed most of this on the basis of his financial position and his attempts to blame his employee, ending up a mere $5000 below the starting point.

Van der Wal: “Hopefully not many farmers will deliberately dispose of their effluent into rivers.  If they do, they can expect to be dealt with severely by the Courts.  Aside from this, Judge Borthwick’s comments on the need for higher fines that are real deterrents, as well as her willingness to increase fines due to the financial position of defendants and their blame-shifting attempts, should be noted. 

“It is likely that those whose carelessness leads to illegal discharges, who think they can wear a fine or who try to shift the blame, are just as likely to feel the sting of higher fines.  If they allow discharges to continue for some time, Judge Borthwick’s comments are a clear warning that very high fines will result.”

For further information, please contact:

Hans van der Wal, associate, Duncan Cotterill, 03 379 2430, h.vanderwal@DuncanCotterill.com