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:
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Bay of Plenty Regional Council v Wayne Rutland 2 September 2024 Unlawfully discharging a contaminant, namely dairy effluent, onto or into land in circumstances where it may enter water, in contravention of ss 15(1)(b) and 338(1)(a) of the Resource Management Act 1991 (RMA). Defendant was charged and fined $52,500. |
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Bay of Plenty Regional Council v Badala, Baygold and P3 Earthworks 17 July 2024 Unlawfully discharging sediment laden stormwater, onto or into land in circumstances which may result in that contaminant entering water. Sentencing decision by Judge Dickey leading to a conviction and fine of $24,500 for Badala Limited, $22,750 for Baygold Limited and $14,000 for P3 Earthworks Limited. |
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Bay of Plenty Regional Council v Harpur 13 May 2024 Unlawfully discharging a contaminant, namely septage, onto or into land where it may enter water. Sentencing decision by Judge Dwyer leading to a community work and a fine totalling $12,000. |
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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. |
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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. |
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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. |
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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. |
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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. |
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Bay of Plenty Regional Council v Legacy Funeral Homes Limited |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 |
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Bay of Plenty Regional Council v CPB Contractors PTY Limited 16 July 2021 Discharge of wastewater decision by Judge Dwyer |
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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. |
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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. |
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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. |