Reduction in a $45,000 fine for ‘dirty dairying’ because of economic hardship was refused. Reducing fines amounts to no more than a licence to pollute, Justice Ellis said. Two Taranaki farmers were advised to apply for payment by instalments.
John and Alison Vernon milk one hundred cows on a 144 hectare property at Midhurst near Mount Taranaki. The High Court was told they had failed a number of annual council inspections stretching back to 2006 for failing to properly dispose of effluent. They had resource consent to discharge untreated effluent on the farm by spray irrigator. They were convicted of breaching the Resource Management Act after council inspectors found their irrigator disconnected and effluent flowing into a nearby watercourse. They were fined $45,000.
The Vernons appealed the amount of their fine. They couldn’t afford to pay. They were financially stretched. Their bank had them on ‘credit watch’. A fine is not the only sentencing option, Justice Ellis said. But a custodial sentence is impracticable given their day-to-day farming obligations. She recommended the Vernons apply under the Summary Proceedings Act for payment by instalments.
Vernon v. Taranaki Regional Council – High Court (13.12.18)
19.022