The Legacy Funeral Homes crematorium chimney stack is 25 metres from the master bedroom of Pyes Pa couple Kelsey Dew and Matt Bear. Photo / Supplied
The Legacy Funeral Homes crematorium chimney stack is 25 metres from the master bedroom of Pyes Pa couple Kelsey Dew and Matt Bear. Photo / Supplied
A Pyes Pā couple say their lives have been “ruined” after smoke and ash from a funeral home’s faulty cremator invaded their home, lives and lungs.
Kelsey Dew and her husband Matt Bear read their victim impact statements during a sentencing hearing for Legacy Funeral Homes Limited in the EnvironmentCourt at Tauranga on Monday.
The funeral home earlier admitted a representative charge of illegally discharging cremation smoke into the air, in breach of their resource consent conditions.
They also pleaded guilty to a representative charge of breaching an abatement notice.
The maximum penalty for each charge is a fine of $600,000.
Dew said the “shocking and disturbing nature” of this offending had triggered debilitating panic attacks after thick black smoke had “consumed her body”, invaded their home and made her feel physically sick.
“I’ve struggled to come to terms with our grim reality, dead bodies over our property,” she said.
Legacy Funeral Homes Ltd appeared for sentencing on RMA breaches in the Environment Court at Tauranga. Photo / NZME
“We find ourselves trapped in a seemingly endless cycle of suffering and uncertainty of when this will all come to an end.
“The prolonged duration of this nightmare has left us with unresolved harm that continues to haunt us.”
Dew said despite complaints about the malfunctioning cremator, Legacy’s company directors had shown “little compassion” for the harm caused.
“We hope, your honour, our voices are heard and measures are taken, so no one else suffers the same distress and anguish we have endured,” she told Judge David Kirkpatrick.
An emotional Matt Bear said it was “incredibly painful” to talk about the trauma and stress he and his wife had suffered.
“We are here in the hope that your honour may comprehend the full extent of the damage and pain Legacy’s directors have caused us.
“The stress my wife and I have undergone is immense. Smoke and particle matter of dead bodies filled our home and covered our property on multiple occasions. The smoke from these bodies also invaded every room in our house.
“No words can describe how potentially terrifying it was to be personally enveloped by smoke and ashes of burnt bodies, let alone our home... The smoke and ash invaded my lungs, my body. I’m still trying to accept this.”
Legacy Funerals at 383 Pyes Pa Rd, Tauranga. Photo / Alex Cairns
They had been met with “indifference” by Legacy’s directors, who treated them like “pesky” neighbours.
“This is our home, it’s not a business. We were forced to live with stalling tactics, and have been completely ignored and dehumanised by Legacy.
“Had this been a one-time incident, maybe this could be forgiven, but we were forced to abandon our home on multiple occasions. Our home and our property have been desecrated.
“Legacy has refused to participate in a restorative justice meeting or apologise... and the contempt shown by the directors has ruined our lives... It is hard to believe a charity would behave like this,” Bear said.
The Bay of Plenty Regional Council prosecution relates to five separate illegal discharges of cremation smoke from Legacy’s Pyes Pā Rd crematorium between December 11, 2021, and April 4, 2022.
An abatement notice was issued by the council on December 10, 2021.
The crematorium site is clustered near four neighbouring properties, and dwellings on these properties are located within 20 to 50 metres of Legacy’s site, the regional council’s summary of facts said.
The cremation smoke released into the air comprised “particulates and/or metals and/or gases and/or odours”.
These discharges were expressly not allowed by a national environmental standard or other regulations, a rule in a regional plan or a resource consent, and also contravened the Resource Management Act.
The regional council’s lawyer, Adam Hopkinson, told Judge Kirkpatrick that a fine starting at $100,000 to $120,000 was appropriate given Legacy’s “high level” of culpability.
“Clearly the environmental impacts, especially the potential adverse health effects on people, Legacy’s neighbours - are clearly spelt out in their victim impact statements.”
Hopkinson said there was a “unique element of offensiveness” about this prosecution case.
He said the penalty must be “commercially meaningful” to act as a deterrent for Legacy to ensure it does not happen again.
The regional council accepted a 25 per cent discount should be given for early guilty pleas and another 5 per cent for Legacy’s lack of prior convictions.
However, Hopkinson said “no discount” for expressed remorse should be allowed because Legacy had been unwilling to participate in a restorative justice meeting with the victims.
Hopkinson urged Judge Kirkpatrick to order emotional harm reparation to be paid to the three victims, the third chose not to read his victim impact statement.
Legacy’s lawyer Tim Conder argued a fine starting at $80,000 was more appropriate as his client had sought expert advice to fix the faulty cremator more than once.
He said this would reflect Legacy’s “good faith efforts” to try and resolve these issues
Conder also said the impact of Covid-19 had placed “unique pressure” on Legacy to continue its cremation operations.
He argued Legacy’s culpability was not in the same category as a commercially-driven business.
Conder said Legacy gave 100 per cent of its profits to a registered charity, and urged the judge to take that into account.
Judge Kirkpatrick, who reserved his decision, said he hoped to release a written ruling within the coming days.
In a written statement, Legacy Funeral Homes’ director Glenn Dougal said the company “thanked their neighbours for their courage” in speaking at the hearing, and also for their patience throughout this difficult process.
“Our business model is founded on doing good for our community, and we’re disappointed we’ve fallen short in this instance.
