Former Northland enviro watchdog chair dodges fine for dairy farm convictions

Friday, 18 September 2020

In 2017, Bill Shepherd accepted the NZ River Award on behalf of Northland Regional Council, but he later admitted discharging effluent near a waterway.

Northland Regional Council’s former chairman has avoided a fine for the illegal spilling of cow effluent near a waterway on his dairy farm.

But his company and the farm manager must pay tens of thousands of dollars to the regional council, Northland’s environmental watchdog, after a long history of non-compliance.

William (Bill) Shepherd, sharemilker manager Robert Philip and their respective farm companies were sentenced under the Resource Management Act in the Environment Court in Whangārei on Friday.

Illegal discharge of dairy effluent is one of the common environmental crimes dealt with by regional councils. (File Photo)

Each admitted three counts of discharging contaminants near water. Shepherd Farms Ltd and Philip also admitted failing to abide by an abatement notice from the regional council.

The incidents included discharges from a cow feed pad pond. (File photo)

* Dairy farm company admits discharging 80,000 litres of effluent to stream

* High bacteria levels found at popular Northland swimming spots

Northland Regional Council chairman Bill Shepherd, right, watches as biosecurity specialist Pete Graham and Kiwi Coast co-ordinator Ngaire Tyson give female Northland brown kiwi 'Kharma' a routine health check in 2017.

The incidents occurred on Shepherd’s 160ha dairy farm in Purua, near Whangārei, in July and August 2019, while Shepherd was chairman.

Effluent was discharged from a broken pipe, and twice from a feed pad pond and stand-off calving pad. All flowed onto land near an unnamed tributary of the Wairua River, with some indication of contaminants entering the water.

In one instance, scrapings of cow dung were also illegally dumped on a field.

Judge Jeff Smith said the convictions did not show serious environmental impact, but systemic problems on the farm.

The farm has a long history of non-compliance, going back to 2003, and in recent years the council “seemed to have lost its patience” issuing numerous infringement and abatement notices, he said.

But the judge accepted Shepherd had limited culpability as owner of the farm and, with indications of good character, he decided the former chairman would be convicted and discharged without a fine.

But his company, Shepherd Farms, had more responsibility as the holder of the farm’s resource consent, Smith said. It was fined $27,200.

Philip and Philip Farms Ltd shouldered more responsibility for the incidents, as the farm operator and main contractor, Smith said.

The judge accepted Philip had limited personal finances to pay a fine, but did not accept the same for his company. Philip was fined $3000 and Philip Farms was fined $33,600.

Outside court, Northland Regional Council group manager regulatory services Colin Dall said everyone must comply with the Resource Management Act, no matter who they are.

Shepherd was treated no differently to any other person facing prosecution, and he respected the process.

“At no time did he try to influence the process based on his council position.”

Shepherd was chairman of the Northland Regional council for six years from 2013.

He was voted out by a slim margin in October 2019, in part because of his controversial casting vote which blocked the council from creating rules around the use of genetic engineering.

Shepherd has also held leadership roles at New Zealand Federated Farmers, NZ Hockey Federation, Destination Northland and the Northland Chamber of Commerce.