Theriver and its tributaries support a diverse range of native freshwater fish species and \u014chiwa Harbour is an area of significant environmental, recreational and cultural value.<\/p>\n
Warneford Farms pleaded guilty in the Environment Court at Tauranga on March 17 to two charges of discharging dairy effluent that entered a waterway, and one charge of contravening an abatement notice. <\/p>\n
The maximum penalty for each charge under the Resource Management Act is a $600,000 fine.<\/p>\n
The Bay of Plenty Regional Council prosecution related to unlawful discharges of dairy effluent from a travelling irrigator and through a stormwater diversion system.<\/p>\n
The stormwater diversion discharge also contravened a November 2020 abatement notice issued after wastewater flowed into a farm drain and a stream.<\/p>\n
Environment Court Judge Sheena Tepania\u2019s sentencing decision said council inspectors found the spills during a routine inspection on November 20, 2023.<\/p>\n
One was from a manually operated stormwater diversion system that had been \u201cincorrectly set\u201d.<\/p>\n
Liquid effluent flowed along a drain and through settling ponds \u201cchoked\u201d with effluent and feed, and \u201cfull of thick sludge\u201d.<\/p>\n
The dairy shed stormwater diversion system was set incorrectly at Warneford Farms’ 170ha property at Waimana in November 2023. Photo \/ BOP Regional Council <\/p>\n
Liquid was weeping through a pond wall into a waterway connected to the river.<\/p>\n
Inspectors found effluent from a partially clogged travelling irrigator pooling in a paddock, with a flow path towards a river tributary.<\/p>\n
. <\/p>\n
Paul Warneford told the council his staff had made an error operating the stormwater diversion system. <\/p>\n
He said he had struggled to find an experienced farm manager and the manager had only been on the job for three weeks.<\/p>\n
Warneford said he had tried hard to eliminate or minimise the risk of human error.<\/p>\n
Paul Warneford told the council his staff had made an error operating a stormwater diversion system. Photo \/ Bay of Plenty Regional Council<\/p>\n
Remedial measures required by the council after the spill were completed, the judgment said.<\/p>\n
The council\u2019s lawyer Hayley Sheridan sought a fine starting point of $100,000, given Warneford Farms\u2019 prior conviction for unlawfully discharging dairy effluent at another of its farms in 2011.<\/p>\n
Sheridan said the offending was moderately careless, with inexperienced staff operating a manual system vulnerable to human error, and insufficient monitoring.<\/p>\n
She said the council\u2019s environmental scientist found these discharges had a \u201cmeasurable impact\u201d on water quality in the waterway, and likely had negative impacts on freshwater fauna.<\/p>\n
Warneford Farms\u2019 lawyer James Gurnick argued for a $65,000 fine starting point.<\/p>\n
Gurnick said the discharges were caused by the farm workers\u2019 failure to operate the farm as required. <\/p>\n
He said no specific environmental impacts had been identified, and remedial actions had been taken.<\/p>\n
Gurnick said his client\u2019s previous conviction, from a different farm was unrelated to the 2023 offending.<\/p>\n
He urged Judge Tepania to give discounts for Warneford Farms\u2019 \u201cconcerted efforts to carry out riparian planting and fencing at the farm\u201d and early guilty pleas.<\/p>\n
Judge Tepania found the discharges had a \u201cmeasurable and adverse impact\u201d on the waterway. <\/p>\n
\u201cWhile there was no suggestion that the Nukuhou River was significantly contaminated as a result of these discharges, the court remains concerned about the cumulative effect of offending of this nature \u2026 often referred to as death by a thousand cuts.\u201d <\/p>\n
Environment Court Judge Sheena Tepania found the farm discharges had a \u201cmeasurable and adverse impact\u201d on a waterway. Photo \/ NZME<\/p>\n
As an experienced operator, Warneford Farms should have been aware of its environmental obligations and the risks its manual system could lead to avoidable spills.<\/p>\n
\u201cIt cannot take a hands-off approach to the extent it did,\u201d she said.<\/p>\n
From a starting point of $65,000, Judge Tepania took into account the company\u2019s previous conviction, prior good character and early guilty pleas. <\/p>\n
She fined the company $59,500, with 90% to be paid to the regional council.<\/p>\n
Warneford Farms was also ordered to pay $143 in court costs and a solicitor\u2019s fee of $113. <\/p>\n