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Section 3: Executive Summary

This report relates to the judgments, sentencing notes or details of 171 prosecutions during the period 1 July 2001 to 30 April 2005 ('second period') under the RMA. The second period comprises three years and 10 months.

This report compares the analyses of prosecutions undertaken during the first period with analyses of prosecutions undertaken during the period 1 October 1991 to 30 June 2001 ('first period'). The first period comprises nine years and eight months and analyses 375 prosecutions.

Activity category

The largest activity category of prosecutions for the second period is 43% (98) for discharge of contaminants into water either directly or indirectly under sections 15(1)(a) and 15(1)(b) of the RMA. For the first period, discharge of contaminants into water was likewise the largest activity category of prosecutions and comprised 47%.

Sector

The largest sector of prosecutions for the second period is agriculture at 37% (64) and the second largest sector is commercial 31% (53). For the first period, commercial was the largest sector (41%), the second largest sector was industrial (22%) and agriculture was third at 18%. For the second period, 43% of the highest 30 fines were imposed in the commercial sector. For the first period, 74% of the highest 30 fines were imposed in the commercial sector.

Prosecuting bodies

For both the first and second periods, the regional councils, and unitary authorities, have undertaken the majority of prosecutions 309 of 546. For the second period, Auckland, Waikato and Southland regional councils laid about 43% of prosecutions (60). For the first period, of the prosecutions undertaken by regional councils, Auckland Regional Council undertook 33%, Waikato Regional Council 9% and Southland Regional Council 7% (184).

Outcome of prosecutions

Table 2: Outcome of prosecutions

Outcome

Second period

First period

Prosecutions where a guilty plea was entered

82%

80%

Convictions were obtained against the defendant

90%

87%

Defendants who were convicted and discharged

4

14

Defendants who were discharged without conviction

5

None

Prosecutions that were dismissed

6

None

Defendants who received suspended sentences

2

2

Prosecutions where an enforcement order was made

21

36

Sentences where imprisonment was imposed

2

None

Sentences where community work was imposed

8

4

Sentences where periodic detention was imposed

3

None

Highest fine imposed

$55,000

$50,000

Average individual fine imposed

$5,631

$4,400

Average total fine imposed

$8,167

$6,500

Costs

In both the first and second periods, in the majority of prosecutions, costs have been awarded according to the scale. However, in a number of prosecutions during both periods an enforcement order was made requiring the defendant to pay part or all of the council's investigation costs.

Appeals

For the second period, there were five appeals on the level of the penalty to the High Court and Court of Appeal where two of the sentences were reduced and three upheld by the Court. For the first period, there were 18 appeals on the level of the penalty to the High Court and Court of Appeal where 10 of the sentences were reduced and eight upheld by the court.

Restorative justice process

In the second period, the restorative justice process was used in six prosecutions. The restorative justice process was not available under the RMA for the first period; the opportunity to use restorative justice was made possible by the arrival of the Sentencing Act in 2002.

Restorative justice involves community-based processes to help empower victims to ask questions of the offender and where an offender can take responsibility for their offending, as an alternative to fines or loss of freedom.


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