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Environmental enforcement

Under the Resource Management Act, regional councils have responsibility for compliance, monitoring and enforcement to help manage natural resources and protect the environment.

Bay of Plenty Regional Council’s Compliance and Enforcement team respond to and investigate resource consent breaches, pollution complaints and damage to land, air or waterways. These investigations may lead to abatement and/or infringement notices being issued and/or for serious matters it can lead to a prosecution.

Learn about our Enforcement Policy.

Recent prosecution sentencing decisions:

Bay of Plenty Regional Council v Maniatutu Heights Limited

2 February 2024

Unlawfully taking water for use at a kiwifruit orchard. Sentencing decision by Judge Kirkpatrick leading to a conviction and a fine totalling $33,500.

 

Bay of Plenty Regional Council v David Grant THOMAS

13 December 2023

Unlawfully taking water for use at a kiwifruit orchard. Sentencing decision by Judge Kirkpatrick leading to a conviction and a fine totalling $42,000.

Bay of Plenty Regional Council v Woodland Orchards Limited

29 November 2023

Unlawfully taking water for use at a kiwifruit and avocado orchard. Sentencing decision by Judge Kirkpatrick leading to a conviction and a fine totalling $42,000.

Bay of Plenty Regional Council v Peter Stewart Holdings Limitedhttps://atlas.boprc.govt.nz/api/v1/edms/document/A4604007/content

29 November 2023

Unlawfully taking geothermal water for use at a kiwifruit orchard. Sentencing decision by Judge Kirkpatrick leading to a conviction and a fine totalling $42,000.

Bay of Plenty Regional Council v Alpine Export Limited NZ

23 November 2023

Unlawfully discharging odorous compounds to air from the defendant’s pet food manufacturing factory. Sentencing decision by Judge D A Kirkpatrick, leading to a conviction and fine totalling $70,000.

Bay of Plenty Regional Council v Terahu Orchard Limited

10 November 2023

Unlawfully taking water for use at a kiwifruit orchard. Sentencing decision by Judge J A Smith, leading to a conviction and fine totalling $35,000.

Bay of Plenty Regional Council v Chlorofield Limited

9 November 2023

Discharging a contaminant, namely dairy effluent, onto or into land in circumstances where it may enter water. Sentencing decision by Judge J A Smith, leading to a conviction and fine totalling $40,000.

Bay of Plenty Regional Council v Brooklyn Dairy Farm Limited and Riverlock Land and Property Limited

23 August 2023

Discharging a contaminant, namely dairy effluent onto or into land in circumstance where it may enter water. Sentencing decision by Judge D A Kirkpatrick, leading to convictions and fines totalling $56,250.

Bay of Plenty Regional Council v Legacy Funeral Homes Limited

1 August 2023

Sentencing decision for Legacy Funeral Homes for unlawful discharges of offensive and objectionable cremation smoke and for contravening an abatement notice on five occasions, leading to a conviction and a fine of $70,000. Legacy was also ordered to pay reparation for emotional harm of $15,000 in total to those directly impacted.

Bay of Plenty Regional Council v Francis Nettleingham and John Nettleingham

21 February 2023

Discharge of dairy shed effluent to land where it entered water sentencing decision by Judge DA Kirkpatrick, leading to convictions and fines totalling $28,000.

Bay of Plenty Regional Council v Kyle Sean Maitai

6 July 2022

Discharge of a contaminant, namely septic tank waste, into the Orini Canal sentencing decision by Judge DA Kirkpatrick, leading to a conviction, a fine of $5850, 200 hours of community work and intensive supervision for a period of 10 months.  

Bay of Plenty Regional Council v Whakatāne Mill Limited

6 July 2022

Discharge of a contaminant, namely plastic, into the Whakatāne River sentencing decision by Judge DA Kirkpatrick, leading to a conviction and a fine of $35,625.

Bay of Plenty Regional Council v Langford Transport Limited and Waiū Dairy Limited Partnership

10 March 2022

Discharge of wastewater sentencing decision by Judge MJL Dickey.

Bay of Plenty Regional Council vs CRS Tauranga Limited

4 February 2022

Discharge of contaminants into Tauranga Harbour sentencing decision by Judge MJL Dickey, leading to a fine of $49,000.

Bay of Plenty Regional Council v Kleadmak Farms Limited

25 January 2022

Disturbing the bed of a stream, misuse of land and the discharge of pig effluent onto land where it may enter water sentencing decision by Judge JA Smith

Bay of Plenty Regional Council v CPB Contractors PTY Limited

16 July 2021

Discharge of wastewater decision by Judge Dwyer

Bay of Plenty Regional Council v TBE 2 Limited and A&R Earthmovers Limited

20 April 2021

Discharge of sediment sentencing decision by Judge MJL Dickey.

Bay of Plenty Regional Council vs CRS Tauranga Limited

9 March 2021

Discharge of contaminants into Tauranga Harbour sentencing decision by Judge MJL Dickey, leading to a fine of $86,250.

Bay of Plenty Regional Council v Ziwi Limited

22 January 2021

Wastewater discharge sentencing decision by Judge D A Kirkpatrick, leading to a fine of $64,000.