Challenges to resource management fines imposed for a 2018 ammonia leak killing aquatic life in Christchurch’s Kaputone Creek were dismissed. Polarcold Ltd, now known as Emergent Cold Ltd, was fined $145,350; manager Russell William Trent fined $97,000.
Trent said his fine was excessive, given that the maximum fine for corporates is set at a figure twice that the maximum for individuals: $600,000 for corporates; $300,000 for individuals.
Ammonia leaked into Kaputone Creek when Trent was supervising the decommissioning of Polarcold compressors. Some 1780 dead fish, mainly eel, were found along a five kilometre stretch. When prosecuted under the Resource Management Act, both Polarcold and Trent pleaded guilty. There had been no prior breaches of the Act.
Trent appealed his fine, saying it was out of kilter with the fine imposed on his employer Polarcold. His fine was 32 per cent of the maximum allowed under the Act; Polarcold’s fine was 24 per cent of its maximum.
Sentencing does not require fines to equate in a proportionate way, the Court of Appeal said. Culpability of joint offenders is not always equal. And the maximum penalty for individuals is not solely a maximum fine of $300,000, it said. Individuals are also potentially liable for up to two years imprisonment. Corporates, by comparison, cannot be sent to prison.
Trent v. Canterbury Regional Council – Court of Appeal (21.04.21)
21.071