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A controversial composting site in Taranaki has been fined more than $71,000 after its neighbours were assailed with smells of “faecal and pig effluent”.
Remediation NZ (RNZ) has pleaded guilty in the New Plymouth District Court to discharging odorous compounds between March and May 2024, when the discharges were notpermitted by the resource consent it held.
Site inspections from March to June 2024 by Taranaki Regional Council officers at the composting site near Uruti, North Taranaki, found a number of issues with the management of the site operations which contributed to “odour generation”, the council said in a statement.
This included uncontrolled venting of odours from compost piles due to insufficient capping materials and poor management of associated site operations resulting in the generation and subsequent discharge of offensive odours beyond the site.
RNZ holds 10 resource consents at the site and conditions for these include that discharges of odour beyond the site’s boundary should not be “offensive or objectionable”.
Following the 2024 inspections, officers said the odour had an “unpleasant pig effluent character” and an “unpleasant faecal character” and was assessed as “offensive and objectionable”.
One inspection even detected odour about 2.5km away from the site’s entrance.
Some of the assessments were prompted by complaints.
Remediation NZ's composting site in North Taranaki has been emitting foul odours. Photo / Taranaki Regional Council
Prosecutor Karenza de Silva told the court that on five of the six assessment dates, the smells were assessed as offensive and objectionable at a nearby residential address.
The court heard a victim impact statement from a neighbour who rated the odour’s severity as between six to eight out of 10. He had made several complaints.
Judge Melinda Dickey said there was no doubt the odour was objectionable during the site assessments and it was likely the offensive odours were also emitted at other times.
“Offensive odour can be pervasive and life-altering. It is difficult to escape, and I have no doubt that those experiencing it would have been revolted and distressed. I find the effects of the offending were serious,” she said.
Judge Dickey had taken into account measures the company put in place to improve systems and infrastructure, but said the offending demonstrated the site was not being adequately managed. The company’s culpability was “highly careless”.
The judge adopted a $95,000 starting point for the fine, then allowed a 25% discount for RNZ’s guilty plea.
No discount was applied for the “belated” remedial steps which were necessary and not a circumstance for a discount.
The judge also declined to grant a discount for good behaviour due to the company’s long enforcement history at the facility.
The council has issued 16 abatement notices and 34 infringement notices between July 2009 and January 2024.
RNZ has eight previous convictions under the Resource Management Act, including a conviction in 2010 for five discharges in contravention of the act, related to the discharges from its site.
Council compliance manager Jared Glasgow welcomed the severity of the fine imposed, given the company’s long history of failing to comply with its resource consent obligations.
“We are pleased with the outcome of this case as the odours have made life very difficult for those living near to the composting site,” Glasgow said.
“The victim impact statements show that the offending had a hugely detrimental impact on residents in the Uruti Valley. Our officers saw this for themselves during the inspections and this was why it was important to bring this prosecution.
“The level of the fine and the fact no discounts were allowed for mitigation or good behaviour reflect the seriousness of the case.
“Hopefully the $71,250 fine will act as a deterrent and a reminder to resource consent holders that they have a duty to follow the rules and ensure discharges are not negatively impacting people living nearby.”
