Dr Christopher Holden, 48, Lina, also known as Amanda, Larsson, 39, Holly Dove, 37, Jason Brook, also known as Upchurch, 50, Britta Hamill, 28, Nicholas Hanafin, 46, Tayla Wong-Lithgow, 27, and Nigel Fannin, 63, appeared in Hamilton District Court earlier this week. <\/p>\n
The court heard the group climbed a 1.8m high fence, which had inactive electrical lines at the top, at the Horotiu site about 7am.<\/p>\n
Holden and four others then ascended the Powder 1 Plant building, reaching the roof via external stairs.<\/p>\n
The others climbed halfway and gained access to the lower roof. They hung a large banner: \u201cMethane Cooks the Climate\u201d.<\/p>\n
Holden, who had the job on the roof as safety officer, and his group abseiled down about 15m to unveil a 160sq m banner.<\/p>\n
It stated: \u201cFonterra\u2019s Methane Cooks the Climate\u201d.<\/p>\n
As they abseiled down, they passed over the building\u2019s air vents.<\/p>\n
Fonterra shut the building down to ensure the protesters\u2019 safety. <\/p>\n
Police arrived shortly after and spoke with the group, who came down after a couple of hours.<\/p>\n
The dryer was turned off from 8.35am until 12.45pm, causing a loss to Fonterra of $270,484 along with cleaning costs of $15,885.<\/p>\n
After negotiations with police and Fonterra, the group agreed to share the cleaning cost and pay just over $1900 each. <\/p>\n
Three argue against conviction<\/p>\n
In court, Holden, Larsson and Brook sought a discharge without conviction.<\/p>\n
Through an affidavit, Holden told the court he\u2019d carried out voluntary medical roles in Ukraine and Gaza, and was a member of Australia\u2019s Flying Royal Doctor Service. <\/p>\n
A conviction would impact that work, be a barrier to further employment, and he\u2019d need to declare his conviction to the Australian Health Practitioners\u2019 Regulatory Agency, he said.<\/p>\n
Dr Christopher Holden can be seen on top of the roof of Fonterra’s Powder Plant 1 building in its Horotiu factory, during protest action on the morning of October 9, 2024. Photo \/ Greenpeace<\/p>\n
It could also impact his aero-medical work and overseas medical registration.<\/p>\n
Larsson said in her affidavit, she had dedicated her life to protecting nature and climate change. <\/p>\n
She worked as a campaigner for Greenpeace and had lived in New Zealand for about 10 years.<\/p>\n
However, her citizenship application, which she\u2019d filed in early 2024, had been on hold, which she believed was due to the court action.<\/p>\n
Brook, who had been a \u201cclimate justice advocate\u201d for more than a decade, stated a conviction would affect his job at Te Whatu Ora, possibly resulting in \u201closs of responsibility or even dismissal\u201d.<\/p>\n
\u2018A highly-regarded, charitable organisation\u2019<\/p>\n
Counsel for the group, William Mohammed, said there was a \u201ccertain irony\u201d that the defendants were before the court for having sought to protect \u201ca very precious part of property, the environment\u201d.<\/p>\n
\u201cBut yet they are the ones who come before the court for being unlawfully in an enclosed yard.\u201d<\/p>\n
However, the group accepted that in exercising their right to a peaceful protest, \u201csomething that New Zealand has always been a leader in\u201d, it had placed them \u201cslightly\u201d on the wrong side of the law, Mohammed said.<\/p>\n
\u201cThese are organised protesters, they are members of an international, highly regarded, charitable organisation. <\/p>\n
\u201cIt is the nature of some of this destruction that it does place people on the wrong side of the law.\u201d<\/p>\n
Of the defendants, only Hanafin had previous convictions – four, but it was submitted he should be sentenced in line with his co-offenders.<\/p>\n
Mohammed said each defendant had \u201cvery legitimate interests in maintaining a clean criminal history\u201d and contributed significantly to society.<\/p>\n
\u201cI invite you to find that those general consequences [of a conviction] need not be borne out by further evidence.<\/p>\n
\u201cThat when your honour looks at this file, the gravity, I submit, is low … the fact that it was conducted in a professional way.<\/p>\n
\u201cThere was, of course, disruption, which is often an effect of exercising a right to peaceful protest.\u201d<\/p>\n
Mohammed said there was nothing to suggest the activists were \u201canything other than very productive, committed members of our community, who have a big heart for the cause they are involved in …<\/p>\n
\u201cIt is one which many New Zealanders would have significant sympathy for.\u201d<\/p>\n
The police prosecutor described the group\u2019s actions as unlawful protesting, which needed to be deterred.<\/p>\n
Police sought a community work sentence for Hanafin, given his previous convictions, and said there was no evidence to support the three applications for discharge without conviction.<\/p>\n