Appendix 3: Identification of sector for the highest fines 5-30 for second period

5

Regina v Campbell [DC Hamilton, T 032376, 17/12/04, Judge Doogue.]

$25,000

Industrial

Contravention of an enforcement order by importing material to site for the purpose of land filling or stockpiling.

Persistence in breaches (number of times and period). No demonstrable, immediate damage to the environment but long term risk of environmental damage.

This prosecution was brought by the Waikato Regional Council.

Defendant elected trial by jury and subsequently pleaded guilty.

No 5 and No's 6, 7 and 8 below were all dealt with at one hearing.

6

Regina v Campbell

$25,000

Industrial

Contravention of an enforcement order by accepting construction, demolition and other waste onto site before conditions specified in the order had been complied with.

This prosecution was brought by the Waikato Regional Council.

7

Regina v Campbell

$25,000

Industrial

Contravention of section 15(1)(b) by discharge of various contaminants onto land.

This prosecution was brought by the Waikato Regional Council.

8

Regina v Campbell

$25,000

Industrial

Contravention of section 9(1). Dumping material on land, which was not clean fill as defined in District Plan.

Same case as 5, 6 and 7 above, except this prosecution was brought by the Waikato District Council.

9

Waitakere City Council v Jayel Contracting Ltd

$25,000

Commercial

Contravention of section 9(1). Earthworks on horticultural land undertaken to deal with water reticulation problems and to re-contour site and not for sub division. The volume of fill brought onto the site was 10,000 cubic metres. Defendant was the earthworks contractor. (The landowners were also convicted and fined.) Court held that defendant had been grossly negligent.

10

Thames-Coromandel District Council v HEB Contractors Ltd

$25,000

Commercial

Same case as No 3 in Table 3. Contravention of section 9(1). Earthworks of approximately 25,700 cubic metres on golf course to provide fill for neighbouring subdivision. No resource consent. The defendant was the main contractor and had six previous convictions under RMA.

11

Northland Regional Council v Kraus [DC Whangarei, CRN 1027003997, 12/12/01, Judge McElrea.]

$22,000

Pleasure

Contravention of section 12(1)(c), extensive trench dug in the seabed in the coastal marine to increase the depth of water so that the defendant could fit his boat alongside a jetty. Damage was caused to the support for the jetty.

Enforcement order made by consent requiring defendant to undertake remedial work.

12

Hawkes Bay Regional Council v BHE Farms Ltd & Holstein-Friesian Milk Co [DC Napier, CRN 2003-041-3277-3278, 9/02/2004, Judge Thompson.]

$20,000

Dairy farm

Contravention of section 15(1)(b). Discharge of dairy effluent from holding tanks onto land and into stream. BHE Farms Ltd was the farm owner and had been warned by Council that it was not in compliance but failed to take steps. Extent of damage was serious. The sharemilker was also convicted and fined see No 20 below.

13

Waitakere City Council v G Adams, A Adams and G & A Developments Ltd and Kane Holdings Ltd [DC Auckland, CRN 1090022317, 321, 329, 221 and 333, 8/03/02, Judge McElrea.]

$20,000

Commercial

Contravention of section 9(1) for felling trees. Owner of land is G & A Developments Ltd. G & A Developments Ltd was fined $20,000 for felling at least 50 flooded gum trees that were some of the largest and best specimens of this tree in New Zealand. (The Adams, who were the only directors and shareholders of G & A Developments Ltd and the contractor were also convicted and fined.)

14

Southland Regional Council v De Bruyn [DC Invercargill, CRN 4025500128, 25/08/04, Judge Smith.]

$16,000

Dairy farm

Contravention of section 15(1)(b), discharge of dairy effluent from irrigator. 700 cows. Extreme levels of contamination. Defendant had two previous convictions under RMA for discharge of dairy effluent.

15

Waitakere City Council v Columbus Academy (NZ) Ltd and Katsuo [DC Auckland, CRN 3090018943/45-46 and 18923/25-26, 3/07/03, Judge McElrea.]

$15,000

Commercial

Contravention of section 9(1) - Columbus Academy (NZ) Ltd had permitted use of properties with more than eight people. Overcrowding. Offending over some time.

16

Waitakere City Council v Columbus Academy (NZ) Ltd and Katsuo

$15,000

Commercial

Same case as No 15 above. Katsuo is director of Columbus Academy (NZ) Ltd.

17

Auckland Regional Council v Withers & Warwick Rhodes Contractors Ltd [DC Auckland, CRN 10440220918 and 1084003095, 5/09/02, Judge Thompson.]

$15,000

Commercial

Warwick Rhodes Contractors Ltd was the earthworks contractor that undertook work in a wetland. There were charges under sections 13(1)(b), 14(1)(a) and 15(1)(b). The fine of $15,000 was imposed for contravention of section 14(1)(a). Fines were also imposed for the other offences and the total fine against Warwick Rhodes Contractors Ltd was $40,000.

18

Auckland Regional Council v Withers and Warwick Rhodes Contractors Ltd

$15,000

Agriculture

Same case as 17 above. Withers was a trustee of trust that owned the land on which the earthworks were carried out and he instructed the contractor. As with No 17 above, the fine of $15,000 was imposed for contravention of section 14(1)(a) and fines were also imposed for the other offences, the total fine against Withers was $32,500.

19

Canterbury Regional Council v Pacific Marine Ltd [DC Christchurch, CRN 009028633, 1/02/02, Judge Thompson.]

$15,000

Commercial

Contravention of section 15B. Discharge of 400 to 500 litres of oil from a fishing vessel. Defendant was the owner of the vessel. Enforcement order to reimburse Council for clean up costs of $5,428.

20

Hawkes Bay Regional Council v BHE Farms Ltd and Holstein-Friesian Milk Co

$15,000

Dairy farm

Same case as No 12 above. Holstein-Friesian Milk Co is the sharemilker.

21

Hawkes Bay Regional Council v Ravensdown Fertiliser Co-operative Ltd [DC Napier, 20/08/04, Judge Thompson (no written sentencing notes available, information on this prosecution was provided by the Hawkes Bay Regional Council).]

$15,000

Industrial

Contravention of section 15(1)(c). Discharge of fluoride to air from a fertiliser works.

22

Hawkes Bay Regional Council v Rembrandt Fine Arts

$15,000

Industrial

Contravention of section 15(1)(d). Discharge into pits of glass and 400 litres of paints and solvents. Deliberate offence. Enforcement order requiring defendant to pay council's investigation costs of $7,233.

23

Auckland City Council v Selwyn Mews Ltd, Screen and Kells [DC Auckland, CRN 2004067301-19, 4/07/03, Judge McElrea.]

$12,500

Commercial

Contravention of enforcement order in that retaining walls were not constructed as required by that order. Selwyn Mews Ltd, the developer was fined $12,500. The development was a major residential development.

24

Auckland City Council v Selwyn Mews Ltd, Screen and Kells

$12,500

Commercial

Same case as No 23 above. Kells is the sole director of Selwyn Mews Ltd.

25

Southland Regional Council v Hokura Company Ltd, Stephen Reed and Nightcaps Contracting Ltd [DC Invercargill, CRN 1025007486-7-8, 7492-93 and 7489-90, 21/11/01, Judge Thompson.]

$12,500

Dairy farm

Contravention of section 13(1)(a). Erection of structures in bed of river - causeway had been built across valley floor. Remedial work undertaken. A fine of $12,500 was imposed against Hokura Company Ltd, the owner of a large-scale dairy conversion unit.

26

Southland Regional Council v Hokura Company Ltd, Stephen Reed and Nightcaps Contracting Ltd [DC Invercargill, CRN 1025007486-7-8, 7492-93 and 7489-90, 21/11/01, Judge Thompson.]

$12,500

Dairy farm

Same case as No 25 above. Contravention of section 14(1)(a). Diversion of water. A fine of $12,500 was imposed against Hokura Company Ltd.

27

Waikato Regional Council v Hamilton City Council and Perry Environmental Ltd [DC Hamilton, CRN 4019500677 and 686, 1/03/05, Judge Whiting.]

$12,200

Commercial

Contravention of section 15(1)(d). Breach of consent condition requiring that rubbish be covered at landfill - 38 day period over two different periods of time with warnings from Regional Council, adverse effect - flies on neighbouring properties. Restorative justice process - agreed outcome: undertake various steps to avoid problem in future, pay for fly screens for neighbours at total cost of approx $33,000. A fine of $12,200 was imposed against Perry Environmental Ltd.

28

Christchurch City Council v Ling [DC Christchurch, CRN 4009501458-9, 28/09/04, Judge Smith.]

$12,000

Residential

Contravention of section 9(1). Alteration to heritage building. Ling owned the building. Enforcement order requiring remedial work.

29

Wellington Regional Council v Renalls Limited [DC Wellington, CRN 2035005670, 9/10/02, Judge Thompson.]

$12,000

Industrial

Contravention of section 15(1)(b). Discharge of antispatatin chemical (oxine copper fungicide) onto land where it entered a water race. The chemical had a dangerous good classification eight and a hazchem code. About 32 dead fish seen, potential danger to livestock. Transitory effects. Defendant spent $12,000 on clean up. Offence was not deliberate. Enforcement order requiring defendant to pay Council's investigation costs of $12,400.

30

Canterbury Regional Council v Phoenix Freight Ltd [DC Christchurch, 17/07/02, Judge Smith.]

$10,000

Commercial

Contravention of section 15(1)(a). Rat bait transported in truck and two trailer units. Accident. 19.8 tonnes of bait discharged into sea and rocks. Less than four tonnes of bait recovered. Sea turned bright green. Clean up cost council $95,000. Adverse effect on sea persisted for one-year period.