High Court dismisses appeal by farmer

The High Court at Hamilton has today dismissed an appeal by an Ōtorohanga farmer arguing that his fine for polluting a local stream was ‘manifestly excessive’.

In June this year, John Leonard Walling and his company, Cazjal Farm Limited, were convicted for unlawfully discharging dairy effluent into the environment and breaching an abatement notice.

The company and Mr Walling were fined $96,000 each, however, Mr Walling appealed the amount of his fine to the High Court.

In passing judgment today, Justice Downs said “it is important that fines in this context are sufficiently large to avoid pollution becoming a cost of business” and that “deterrence and denunciation are important sentencing principles for offences of this nature”.

Read the previous media release: ‘Green stream’ complaints results in fines totalling $244,000.

Waikato Regional Council officers inspecting contaminated Matapara Stream.