MEDIA RELEASE

Fertiliser factory owner breaches RMA

For immediate release: 19 March 2010

Former fertiliser factory owner and kiwifruit grower John Rhys Thomas, aged 63, was this week sentenced in the Tauranga District Court to a total of 400 hours community work for four offences under the Resource Management Act 1991.

The court also ordered Mr Thomas, who pleaded guilty to the four charges, was not to own or be involved with a company handling or in the business of trade wastes without further leave of the court.

Two of the charges related to contaminants (copper ammonium chloride) being discharged from broken chemical drums at Mr Thomas’ Te Puke fertiliser plant onto land or in circumstances which may have resulted in that contaminant entering waterways.

The remaining two charges related to discharging contaminant into the air from the fertiliser plant, namely smoke from the open burning of 100 polypropylene bags that had been used to store elemental sulphur.

Judge Jeff Smith said it was “one of the more serious cases” he had seen and that in normal circumstances there was no question in his mind that a substantial fine - in excess of $100,000 - or a custodial sentence would be appropriate.

However, he had to “balance the very serious effects on the environment and the potential for injury or loss of life and on the other hand the circumstances of the offender”.

Mr Thomas was declared bankrupt earlier this month, has health issues and suffered a personal loss.

“It is not a question of his willingness to pay but his ability to pay … therefore the most sensible option is community work, where he can give back to the community and improve or benefit the environment in some way,” Judge Smith said.

Judge Smith also took into account Mr Thomas’ early guilty pleas, his cooperation throughout the investigation, the outcome of a positive restorative justice conference and that he had acknowledged the harm he had done. Mr Thomas, with support from his family, had agreed to pay $1,600 in reparation to neighbours whose health was affected by the smoke from the burning polypropylene bags.

Judge Thomas commended Environment Bay of Plenty’s “responsible approach” to this particular case.

Environment Bay of Plenty Chairman John Cronin said the regional council considered that the offences were serious and that industrial site operators needed to give their environmental responsibilities a high priority regardless of other factors affecting site operation.

Chairman Cronin said the property where the offences took place has since been sold and the new owner had agreed to remove the contaminants and remediate the land.

ENDS

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