They were charged under the Climate Change Response Act 2002 after someone secretly filmed Wicks releasing refrigerant R407C while servicing a water chiller on the roof of a Rotorua business.
The gas is considered to be a high Global Warming Potential gas, meaning it traps heat in the atmosphere more effectively than carbon dioxide, which causes damage to the environment.
A summary of facts released to the Rotorua Daily Post said the handling of these gases was tightly controlled and it was law and usual industry practice to undertake a controlled release into a cylinder using a reclaim unit. The cylinder can then be lawfully disposed of.
What Wicks did
On December 20, 2024, Wicks released between 500g and 2.5kg of the gas into the atmosphere while servicing a water chiller.
It happened for between 7.5 minutes and 10 minutes while he was on the rooftop of Watchdog Security in Rotorua, the summary said.
A person at the site recorded the offending for 31 seconds and provided the video to the Environmental Protection Authority.
The video audio captures a distinct hissing sound consistent with gas discharge.
The authority estimated the release resulted in emissions that were comparable to driving a petrol vehicle for about 3700 to 18,500km, the summary said.
When interviewed by a representative from the Ministry of Primary Industries, Wicks acknowledged that this was “not the right way to go about it” and he should have used a reclaim unit, which he acknowledged would have been in his colleague’s truck at the site, the summary said.
He told the interviewer that part of his concern was introducing water into a reclaim unit, which could damage the equipment. However, he acknowledged that even after checking for water, he released more gas to reduce the pressure.
G.B Teat and one of its employees have been fined for deliberately discharging a synthetic greenhouse gas into the air. Photo / Kelly Makiha
G.B Teat director Benjamin Teat was also interviewed and confirmed all staff were trained in the proper disposal of gases to prevent unintended releases.
In 2023, a G.B Teat staff member emailed directors Benjamin Teat and Jonathan Teat, reporting that unidentified staff members were venting gas into the atmosphere.
Benjamin Teat acknowledged the email but no action was taken to address the issue and ensure future compliance, such as reminding staff of their legal requirements.
The authority contacted G.B Teat about another possible release of a harmful gas in 2024. On that occasion, the authority decided not to prosecute and instead issued a letter of advice.
What the judge said
Judge Bidois described the actions of Wicks as “deliberate and avoidable”.
He said G.B Teat was warned by the authority, so it “should have been put on notice”.
He said the company and Wicks were experienced in the industry.
He acknowledged Wicks’ reasoning that it was a few days before Christmas and he was conscious of getting the job done to ensure the client had air conditioning during the holiday.
Bidois said the aggravating factors were that the offending was deliberate and over a long period, up to 10 minutes.
Mitigating factors included their guilty pleas, the fact they co-operated with authorities and were first offenders.
“It was a deliberate discharge by an experienced technician. I understand the pressures he was working under at this time … it was just before Christmas. But he had an obligation to do his job properly and not to breach the standards he should have been maintaining and what was expected of him.”
The maximum fine G.B Teat faced was $50,000, while Wicks’ was $25,000.
Judge Bidois started at $10,000 and $5000 respectively and gave discounts of 33% for the mitigating factors.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.