More than 200 convictions and 6000 notices issued for dirty dairy offences over past decade

Sunday, 25 August 2019

Dairy effluent offending has affected streams, rivers and waterways in all corners of the country.

Dirty dairy offending over the past decade has seen more than 200 farmers or companies convicted, and more than 6000 abatement or infringement notices issued.

And those figures are likely to be a fraction of the true offending, according to Fish and Game, with a recent report concluding many councils were insufficiently resourced to properly monitor and enforce compliance.

Fish & Game chief executive Martin Taylor has no confidence that regional councils are enforcing the current rules effectively.

Stuff has been collecting figures on the number of convictions for 'dirty-dairying' offences since 2009/10. These figures represent the most serious offending.

The offending has affected streams, rivers and waterways in every region of the country.

* Non-compliance continues to plague Waikato dairy industry

Environment Minister David Parker the Government's new freshwater National Policy Statement and a new National Environmental Standard would be released for consultation in early September.

* Fine of $225,000 for dirty dairying will go unpaid because companies are broke**

Over the past decade the nation's 16 regional councils have carried out 236 prosecutions that resulted in convictions.

They have also issued issued 3,521 infringement notices and 2,706 abatement notices.

Fish and Game chief executive Martin Taylor said the figures probably represented a fraction of the true amount of offending.

'Having a compliant effluent system is not a proxy for farming sustainably. You can comply with the current rules, and water quality will still be going down in the catchment,' he said.

Environment Canterbury chief executive Bill Bayfield said a recent analysis of council compliance and monitoring highlighted gaps in the sector and would help set standards for best practice.

'We have no confidence that regional councils are enforcing the current rules effectively,' Taylor said.

He said council compliance and monitoring was analysed in an independent report released in May.

It revealed 'significant shortcomings when it comes to compliance, monitoring and enforcement functions under the RMA'.

The report, by environmental consultants Catalyst Group, found that monitoring and enforcement varied greatly between councils, with many being poorly resourced 'for what is a technical, difficult and often highly contentious function'.

This lack of resourcing was 'likely to be undermining the ability of most councils to operate as functionally competent regulators'.

Several cases involved irrigators pouring effluent on paddocks for hours longer than it should have been.

Local Government NZ responded to the report with a press release quoting Environment Canterbury chief executive Bill Bayfield, who said the report highlighted gaps in the sector and would help set standards for best practice.

Taylor said the Government's new freshwater National Policy Statement and a new National Environmental Standard, due to be released for consultation soon, 'must halt the decline in water quality and improve rivers, lakes and streams because the status quo cannot continue'.

'Farming's bad performers can no longer continue severely damaging our rivers, lakes and streams, taking away Kiwis' ability to enjoy their waterways to swim, fish and gather food,' Taylor said.

Environment Minister David Parker said the policy and standard would be released for consultation in the next few weeks.

The Government's promise was to stop the degradation of our waterways, reverse the damage, and make measurable improvements within five years, he said.

Federated Farmers environment spokesperson Chris Allen said no-one wanted to see any discharges that compromised water quality.

'But human error and significant weather events can lead to the best laid plans and infrastructure being compromised.

'That's also why we see local authorities discharging sewage into waterways in times of high rainfall, when a worker makes a mistake, or infrastructure fails.'

Federated Farmers would not defend any instance of blatant disregard of discharge rules and standards, Allen said.

'Everyone is stepping up, and the pressure is on the minority who let the majority down. That's as it should be.'

'With effluent discharges, what really matters is the quality of our water and the monitoring data shows from recent years shows that overall, more sites are improving than degrading.'

THE MOST RECENT OFFENDING

In the latest year there were 15 successful prosecutions, 335 abatement notices, and 250 infringement notices issued.

The ten-year averages are 24, 271 and 352 respectively.

The largest fine was $204,000, imposed for offending in Taranaki between April and June last year.

Blue Rata Investments Ltd, Farm Ventures Ltd, and sharemilking company Khloby Dairies Ltd pleaded guilty to discharging dairy effluent and silage leachate into a tributary of the Mangatete Stream at Ōkato.

The discharge was toxic to stream life and Environment Court Judge Brian Dwyer found 'a high degree of carelessness on the part of all of those responsible for management of the farm, from the contract manager up'.

CONVICTIONS IN 2018/19

Farm Ventures Ltd, Blue Rata Investments Ltd and Khloby Dairies Ltd fined $75,000, $86,250 and $42,750 respectively (prosecuted by Taranaki Regional Council)

Pollock Farms (2011) Ltd and Dawson Craig Pollock fined $131,840 (prosecuted by Waikato Regional Council)

Nagra Farms Ltd and Naginder Singh fined $116,000 (prosecuted by Waikato Regional Council)

H & S Chisholm Farms Ltd fined $57,375 (prosecuted by Waikato Regional Council)

Gary Blackler fined $57,000 (prosecuted by Waikato Regional Council)

Gladvale Farms Ltd and Geoffrey Lindsay fined $27,000 and $22,500 respectively (prosecuted by Southland Regional Council)

Hedley Farms Ltd fined $45,000 (prosecuted by Bay of Plenty Regional Council)

Gregory Deal and Rangiatea Farms Ltd fined $22,800 and $21,375 respectively (prosecuted by Southland Regional Council)

Bella Ridge Farms Ltd fined $41,850 (prosecuted by Waikato Regional Council)

Greg Cowley Ltd fined $39,000 (prosecuted by Otago Regional Council)

Tirohanga Farms Ltd fined $32,000 (prosecuted by Bay of Plenty Regional Council)

Brian and Bruce Carter fined $21,600 and $9,000 respectively (prosecuted by Bay of Plenty Regional Council)

TNN Holdings Limited fined $30,375 (prosecuted by Bay of Plenty Regional Council)

Aitkens Road Dairies Ltd fined $30,000 (prosecuted by Environment Canterbury)

Ondaedge Farms Ltd fined $30,000, with company director Aaron Miller convicted but not fined (prosecuted by Waikato Regional Council)

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