In a sentencing decision released on Friday, Environment Court Judge David Kirkpatrick said the smells coming fromAlpine Export NZ’s factory were compared to “dirty, old mutton”.
A Bay of Plenty Regional Council officer responded to a complaint about odour from Alpine’s factory on the afternoon of October 10, 2021.
“The council officer went to the complainant’s address on Edgecumbe Rd and detected a strong meaty fish odour,” Judge Kirkpatrick said.
After three separate 10-minute odour assessments confirmed that the smell was “offensive”, the council officer went to the factory and found the ozone generators used to treat odours before they were released into the air were not working.
On November 26, 2021, the council responded to four separate residents east of the factory who complained of a “putrid, acrid roasting smell” like “rotten, stinking, dead meat”.
The regional council responded to further complaints on March 24 and June 9, 2022.
Alpine did not provide an explanation for the June discharge.
Judge Kirkpatrick’s sentencing notes said the effects of the odour could include nausea, headaches, difficulty breathing, reduced appetite and frustration.
“The complainants describe having to move indoors to avoid the odour, closing windows and doors and wanting to move house.”
Alpine Export NZ pet food manufacturing company's plant in Koromiko St in the Judea industrial estate.
The council’s survey of 74 local residents showed 64 had experienced the odour in their homes in the last three months, and 63 said they found the smell unpleasant.
“The majority of the respondents said they thought the source of these odours was the Alpine factory.”
Judge Kirkpatrick said while there were no enduring physical effects from smells discharged by the factory, there were societal effects.
“The odours have affected people’s enjoyment of their properties and ability to undertake their everyday life,” Judge Kirkpatrick said.
“The odours have affected the health and wellbeing of people. The impacts of the discharges were serious.”
Judge Kirkpatrick said repeat incidents, multiple complaints and Alpine’s failure to comply with abatement notices pointed to an ongoing problem with the factory’s odour management.
The judge acknowledged Alpine’s early guilty pleas and participation in the restorative justice processes.
“I do not consider credit should be given for belatedly complying with environmental obligations,” Kirkpatrick said.
“I do however accept Alpine is genuinely remorseful.”
Kirkpatrick did not make an order for Alpine to pay reparations to the complainants, noting there was no specific request for Alpine to do so.
“The neighbours are more interested in the odour stopping than any form of reparation or fine,” Kirkpatrick said.
