A Marlborough dairy farmer has been told he should explore alternative means of milking his cows after his upper Wairau Valley farm, Glenmae, was deemed unfit for the process by the Environment Court.
In a decision released this week, Judge Jon Jackson said an application by Philip Woolley to extend the time he was given to comply with enforcement orders had been refused.
The refusal meant Woolley and his wife, Suzanne, had already breached the orders, and would have to rely on "indulgences from the council", if they were to start milking in the 2014-15 season.
"They should now start looking at alternative arrangements for their herd," the decision said.
The orders for Glenmae farm, required the Woolleys to gain certification from a registered engineer that their effluent disposal system on the farm had been installed and was working according to the design in their Marlborough District Council permit by June 6.
The engineer had to be approved by the council as being suitable for the inspection.
The Woolleys sought an extension of time for complying with the order, which was opposed by the council because the application was made late.
The council argued the Woolleys had not taken any steps which could have been expected to comply.
The judge said he was not prepared to vary the orders or extend time for compliance under the circumstances.
He suggested the Woolleys engaged an engineer immediately to carry out the testing and certification of the effluent ponds and advise the council in writing when the testing was to take place.
- The Marlborough Express