Rere Lake Farm, near Lake Rerewhakaaitu, has been fined $42,350 for discharging effluent into the Mangakino Stream.
Farm manager Codi Joslin was convicted and discharged for his role in the offending after Judge Melinda Dickey ruled he had limited means to pay a fine or complete community service.
The chargeswere for discharging a contaminant, namely dairy effluent, on to or into land in circumstances where it may enter the water, in breach of section 15(1)(b) of the Resource Management Act 1991.
The prosecution related to a discharge of effluent from a travelling irrigator at the dairy farm, on Rerewhakaaitu Rd, on November 9, 2018.
On August 14, 2018, the Bay of Plenty Regional Council wrote to Rere Lake Farm advising of upcoming annual effluent compliance visits across the region, and that it was timely for the farm and its staff to check its effluent system and refamiliarise themselves with resource consent conditions.
On October 23, the council received a complaint from a member of the public that dairy effluent had been seen in the Mangakino Stream at the Rerewhakaaitu Bridge, which is where that stream flows out of the farm.
The complainant said the discharge had lasted for about 30 minutes and then stopped.
On November 7, 2018, another complaint was received but when the stream was checked by a council enforcement officer the next day it was running clear.
On November 9, another member of the public complained the stream was "a discoloured green". This time, when the council enforcement officer arrived, it was still discoloured so he visited the farm.
At the farm, he found evidence of where effluent had flowed from the irrigator and into the stream.
Rere Lake Farm director Trevor Hamilton did not have direct involvement in the day-to-day running of the farm but periodically attended the farm for staff meetings.
At the time of the offending Joslin was employed by Rere Lake Farm as farm manager. Rere Lake Farm also employed two other farm workers.