Waihi farmer fined for effluent discharge

A Waihi dairy farmer, Keith Torrens, has been convicted and fined $39,000 for the unlawful discharge of dairy effluent following a prosecution taken by Waikato Regional Council.

The fine was imposed by Judge Sheena Tepania in the Tauranga District Court after Mr Torrens pleaded guilty to a charge under the Resource Management Act.

The conviction comes after council compliance officers inspected the defendant’s farm in October 2023, having issued him with an abatement notice earlier that year for breaching dairy effluent rules.

During the inspection they found two unlawful discharges into the environment, one from the dairy shed and one as a result of overirrigation. Both discharges posed a significant risk to contaminating groundwater.

The defendant had provided very limited storage capacity on the farm meaning effluent irrigation was likely when weather and soil conditions were unsuitable.

Waikato Regional Council Compliance Manager Patrick Lynch emphasised the importance of farm owners providing adequate infrastructure and ensuring good management practices.

“Dairy effluent systems need to be fit for purpose, robust and carefully managed to avoid environmental harm. In this case, Mr Torrens had purchased an effluent storage bladder some years earlier, but had never installed it, despite the issuing of an abatement notice and formal warning for previous environmental breaches,” said Mr Lynch.

In sentencing, Judge Tepania described the offending as careless, noting that Mr Torrens had an ongoing responsibility to provide efficient and effective infrastructure. “As he had purchased a bladder, it makes no sense to the Court that he would not install it,” she said.

Read the full sentencing notes here. [PDF, 295 KB]

Council officer sampling ponded effluent.