Details of the representative charges supplied to the Bay of Plenty Times stated the discharge of a contaminant into the air related to cremation smoke comprised of “particulates and/or metals and/or gases and/or odours” from Legacy’s crematorium facility in Pyes Pa Rd.
The discharge was not expressly allowed by a national environmental standard or other regulations, a rule in a regional plan or a resource consent, and contravened Section15(1)(c) of the Act.
The other charge related to the contravening of an abatement notice issued on December 10, 2021.
A representative charge means it happened more than once.
The maximum penalty for each of these charges is a fine of $600,000 for a company.
In court, lawyer Tim Conder entered the guilty pleas on his client’s behalf.
Conder successfully argued for a delay in releasing the regional council’s summary of facts in the case to the Bay of Plenty Times.
He told Environment Court Judges David Kirkpatrick and Sheena Tepania he wanted time to prepare and file some affidavits to help provide “more context”' to his client’s offending.
Conder argued it “made sense” to wait until sentencing for the release of the summary of facts so a fuller report could be published.
The Bay of Plenty Times challenged Conder’s request and submitted the public had a right to know the background to Legacy’s offending at this point in the court proceedings.
However, Judge Kirkpatrick declined to release the summary in advance of the sentencing on July 24.
In a statement supplied to the Bay of Plenty Times on Tuesday, the company said it was a funeral service provider owned by a charitable trust and its profits were gifted to the community.
The statement said throughout its time operating, Legacy had engaged with the regional council to ensure its cremator was efficient and met relevant consents. It said the council issued an abatement notice to Legacy in December 2021 “due to black smoke emissions from the cremator chimney”.
It said it pleaded guilty after five incidents of the cremator “unexpectedly” releasing more smoke than usual.
“Following expert advice from local suppliers as well as from the cremator manufacturer in the United States, Legacy suspended its cremator operations in April 2022.
“Legacy intends to work with the regional council and other affected parties and will only resume operations once it is confident that the equipment is operating within the permitted consents.”
In the meantime, all cremations with Legacy were being carried out at the Tauranga City Council crematorium.
“This change has not affected families who are currently saying their final farewell to their loved ones,” the statement said.
