Fined for second spill

He is disappointed to see a farmer prosecuted again for breaching effluent management rules.

Fernaig Farms (2006) Ltd was fined $33,750 for unlawfully discharging effluent at its Litchfield property.

Waikato Regional Council says a concerning aspect of the case was the “obstructive behaviour” aimed at council staff needing to inspect the property. Police had to be called to escort the inspectors to the farm.

The farm’s effluent pond pump was relocated to another property for a month, leading to the effluent pond overflowing.

The council’s investigations manager Patrick Lynch says it was relatively rare for someone to be prosecuted a second time for an effluent management breach. In his 12 years in the job this was only the second time he had seen police help needed for a property inspection.

“Generally people learn from the first experience and ensure it does not happen again. It is particularly disappointing to [see these breaches] by a leading farming entity that owns a number of farms and should be setting an example of how to do things right,” says Lynch.

McGiven agreed that repeat offending was rare in effluent management breaches.

“And having to call the police so that the inspection could be completed is something I haven’t heard of before; it sounds to me like contempt for the council and the dairy industry as a whole.

“Waikato Federated Farmers cannot condone any farmer who knowing spills effluent, and those who do cast the rest of the industry in a bad light at a time when we are now starting to get back some measure of public trust.”

Justice Craig Thompson held a sentencing indication hearing on July 3; the company pleaded guilty on July 14.

Fernaig Farms (2006) Ltd owns farms in Waikato, including four dairy farms.

A prosecution in 2013 also resulted in convictions and a fine of $30,000 for effluent mismanagement on its Mangakino property.