Piggery owners fined

The fetid stench of thick, grey pig effluent lingered in the air for months as farmers ignored warnings from a regional council to clean up their act, a court heard.

The piggery, on the outskirts of Marton, was owned by Dennis and Suzette Nitschke and managed by Colin Kay when an illegal discharge occurred in late 2008.

All three received hefty fines from Judge Craig Thompson in the Palmerston North District Court yesterday for illegally discharging effluent. Dennis Nitschke was fined $13,000 and Kay received a $6500 fine.

The maximum penalty is $200,000 for a charge of discharging contaminants to water.

Horizons Regional Council became aware of the large ponds of putrid effluent sitting in paddocks 10cm deep when a piggery worker fell ill, Judge Thompson said.

Horizons inspected the piggery in December 2008 and found the travelling irrigation, which was the end point of the effluent disposal system, was not functioning.

"There was significant ponding of fresh and old pig effluent," Judge Thompson said.

The farmers were told to clean up the mess and fix the irrigation pipe.

Samples were taken from the ponds, holding raw effluent, and from a roadside drain, holding diluted effluent.

When Horizons returned for a follow up inspection three months later nothing had changed, Judge Thompson said.

"Attempts to comply were very poor."

Since 2001, Horizons had inspected the piggery on several occasions and found "cause for concern" on its management, but had not issued a formal warning or abatement notice, Judge Thompson said.

In 2005 the piggery "only just" complied with conditions of the consent.

Kay, who is no longer involved in the piggery, was convicted.

Dennis Nitschke was also convicted but his wife Suzette was discharged without conviction.

Ninety percent of the $19,500 combined fine will be paid to Horizons, who will also claim solicitors fees.

Each defendant was ordered to pay court costs of $130.

Outside court, Horizons said they were pleased both manager and owner of the piggery were held to account.

It reinforces that owners, staff, and management need to be aware of resource consent conditions and ensure they are complied with, environmental protection manager Alison Russell said.

Colin Kay's piggery near Levin came under the spotlight last year when comedian Mike King and animal rights activists broke in.

The highly publicised break-in showed distressed pigs - some in sow crates, chewing bars, frothing at the mouth - a dead pig and depressed animals.

But Kay rejected criticism the living conditions were atrocious.

- © Fairfax NZ News