Farming company which damaged stream, killing eels, has appeal dismissed

Forty-eight dead eels were located within 50 metres of the illegal works. Photo / Waikato Regional Council

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, who operates from a Ngatea address, were convicted in the Hamilton District Court in October 2022 for damaging almost 1.5 kilometres of a stream bed in February 2021.

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

Only Gregan appealed the amount of its fine to the High Court. This week, 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.

A section of the damaged stream. Photo / Waikato Regional Council

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 approximately 1390 metres, with large sediment deposits in the water course and significant fish kill. Forty-eight dead eels were located within 50 metres 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’ 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.”