Big fine for polluting dairy farmer

A dairy farmer who consistently caused issues for inspectors trying to access his property has copped a big fine for allowing effluent to enter a waterway and keeping silage too close to water.

But the farmer, described as engaging in ‘‘aggressive noncooperation’’ with authorities, has said he would not pay a fine.

Derek Aaron Berendt and his company Huka View Dairies were collectively fined $103,500 when sentenced in the Palmerston North District Court in December for breaching the Resource Management Act.

Berendt owns a 50 per cent share of, and is a director and the manager of, Huka View.

According to sentencing notes published this month, the company and Berendt faced the same four charges, related to the management of silage and effluent on the farm on Ka¯ka¯riki Road,

Eketa¯huna. About 300 cows are milked on the farm, which had consents for discharging effluent and storing silage refuse.

However, effluent could not be allowed to enter surface water or encroach within 20 metres of watercourses. The silage refuse had similar rules.

Horizons Regional Council officers found a myriad of issues when visiting Huka View multiple times between October 2017 and 2018.

Silage refuse was once found two metres from a flowing stream and was still there a year later, despite Berendt being told to move it. Effluent flowed overland and 150 metres along a dry tributary on one visit, while it was seen going into a tributary of the Hukunui Stream another time.

Berendt was not helpful when officers either arrived or called in.he once told them not to turn up unless they had police.

Another time he told them not to enter unless they undertook certain procedures because he was afraid of M bovis contamination, but still refused them entry when they did the procedures.

Judge Bryan Dwyer said it was hard to draw any other conclusion other than Berendt knowing he had issues and actively trying to hinder inspections.

A pre-sentence report writer recommended Berendt be sentenced to community work, but the judge said that was done because Berendt had refused to pay a fine.