Waikato farm’s appeal against ‘manifestly excessive’ fine for damaging stream dismissed

Dead eels in the excavated stream after large sediment deposits were found in the watercourse. Photo / Supplied

The High Court at Hamilton has dismissed an appeal by a north Waikato farming company that argued a fine imposed upon it for damaging a stream was “manifestly excessive”.

Gregan Farms Limited and earthworks contractor Steve Barker Limited were both convicted in the Hamilton District Court in October for damaging almost 1.5km of the stream bed in February 2021.

Gregan Farms Limited was subsequently fined $31,500, and the contractor fined $45,000.

A section of the damaged stream bed, a tributary of the Waitakaruru River. Photo / Supplied

Only Gregan appealed the amount of its fine to the High Court. Justice Mark Woolford dismissed that appeal.

The maximum fine available under the Resource Management Act for a company convicted of unlawfully excavating a stream bed is $600,000.

The prosecution arose from a complaint by a member of the public to the Waikato Regional Council about works being undertaken in a tributary of the Waitakaruru River.

The follow-up council inspection discovered extensive damage to the stream for about 1390m, with large sediment deposits in the watercourse and significant fish kill. Forty-eight dead eels were found within 50m of the illegal works.

Council regional compliance manager Patrick Lynch said, “This simply should not happen. The earthworks contractor in this case has over 40 years of experience and should be well aware of the protections in place for our streams and the ecosystems they support. Likewise, the farmer should not have engaged the contractor to do the works in the first place.”