The High Court in Hamilton has reserved judgment on an appeal by the Crafar dairy farming family against convictions and sentence for dirty dairying on a Waikato farm.
Hillside Ltd and its three directors - brothers Frank and Allan Crafar and Allan's wife Elizabeth - were convicted in Hamilton District Court last August of 34 charges relating to the failure of a problem-plagued effluent system on the company's 366-hectare Collins Rd farm, southwest of Hamilton.
Environment Court judge Laurie Newhook fined Hillside Limited and the two brothers $29,500 each on 10 charges under the Resource Management Act (RMA). Elizabeth Crafar was fined $1500 on four charges.
In the High Court this week Allan Crafar said his family had been "chased out of the industry" by regional councils bent on prosecuting them, The Waikato Times reported.
He disputed Judge Newhook's findings of fact; submitted the three directors should not have been charged in a personal capacity; disputed the judge's finding of a systematic failure in the Collins Rd farm's effluent system; argued the Crafars' actions were the result of an "officially induced error"; and highlighted the Crafars' obligations under the Animal Welfare Act.
In addition, Mr Crafar said that if the family was guilty of breaches under the RMA, Judge Newhook's fine was still "manifestly excessive".
Justice Pamela Andrews reserved her judgment.
- NZPA
Crafars appeal dirty dairying convictions
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