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Northland Regional Council v Stewart [2023] NZDC 18844

Published 16 July 2024

Sentencing — discharging contaminants into the air — discharging contaminants into land — burning tyres — Resource Management Act 1991 ss 15, 20A, 338 & 339 — Resource Management Act (National Environmental Standards for Air Quality) Regulations 2004 — Waikato District Council v Matijasevich [2018] NZDC 26911 — Otago Regional Council v Maungatua Farming Ltd [2022] NZDC 8888 — R v Conway [2005] NZRMA 2074 — Hawkes Bay Regional Council v Stockade Pastoral Farms Limited DC Napier CRI-2008-01-96 — Thurston v Manawatu-Wanganui Regional Council HC Palmerston North CRI-2007-054-2550, 27 August 2010 — Canterbury Regional Council v Yeatman DC Christchurch CRI-2011-003-497 30 November 2011 — Waikato District Council v Matijasevich [2018] NZDC 26911 — Northland Regional Council v Semenoff DC Whangarei CRI-2020-008-003188, 15 September 2022 — Waikato Regional Council v Ross (Des) Britten Ltd DC Auckland CRI-AKL-2009-024-572 [22 January 2013] — Moses v R [2020] NZCA 296 — Machinery Movers Ltd v Auckland Regional Council [1994] 1 NZLR 492 — Thurston v Manawatu-Wanganui Regional Council HC Palmerston North CRI-2009-454-24, 27 August 2010 — Hessell v R [2010] NZSC 135; [2010] 1 NZLR 607. The defendant was to be sentenced after pleading guilty to three charges, one of releasing contaminants into the air and two of releasing contaminants into land. The defendant was the lessee of a property that he used for the grazing of livestock. He had an agreement with the lessor to dispose of approximately 100-130 tyres that were located on the property. The defendant burned the pile of tyres, discharging contaminants into the air, and then after the fire had gone out buried the remains. In considering the scale of offending and the importance of deterring potential offenders in the future, the Court adopted a starting point of a fine of $35,000 for the fire and $12,000 for the burial offences. After discounts were given for an early guilty plea and previous good character, the final sentence was that of a $33,250 fine. Judgment Date: 4 September 2023,