Waikato Regional Council eye in the sky lands farmer $39,000 fine

Thursday, 4 June 2026

A Waikato dairy farmer has been fined $39,000 after repeated dairy effluent discharges were detected on his property, including one first spotted from the air.

Keith Raymond Torrens, 82, pleaded guilty in the Tauranga District Court to unlawfully discharging dairy effluent at his farm on Waihī Beach Road, Waihī, in breach of the Resource Management Act.

Judge Shenna Tepania convicted Torrens and imposed the fine, along with court costs and solicitor fees.

The offending came to light after Waikato Regional Council officers carried out aerial monitoring of farms across the region in March 2023.

While flying in a fixed-wing aircraft, officers identified what appeared to be effluent ponding around a stationary irrigator on Torrens’ property.

A subsequent ground inspection confirmed dairy effluent had been over-applied to a paddock. Officers found ponding measuring about four metres by three metres and up to 25cm deep in one area, while another section measured 20m by two metres and was eight centimetres deep.

Laboratory testing confirmed the material was dairy effluent.

Following that inspection, the council issued Torrens with an abatement notice directing him to stop unlawful discharges.

However, when enforcement officers returned to the property in October 2023, they found further evidence of effluent contamination.

The court heard officers observed dark brown effluent sludge and liquid at a stormwater diversion outfall, along with a large area of thick sludge surrounding a stationary cannon irrigator positioned on a slope near the milking shed.

The runoff extended about 60m downhill through a swale and under a fence into a neighbouring paddock. Samples collected during the inspection recorded extremely high E.coli levels, ranging between 13 million and 19 million colony-forming units per 100ml.

The farm milks between 165 and 170 cows and operates an effluent system centred on a 30,000L sump. The court heard the limited storage capacity meant the sump reached capacity every two or three milkings, creating a heavy reliance on irrigation to dispose of effluent.

Although Torrens employed a sharemilker and farm manager to oversee day-to-day operations, Judge Tepania said responsibility ultimately remained with the landowner for ensuring infrastructure was adequate and compliant.

The judge found Torrens had previously purchased a 180,000L storage bladder but failed to install it before the offending occurred, despite being warned by council staff that additional storage was needed to avoid compliance risks.

Judge Tepania described Torrens’ conduct as “moderately careless”, saying the farm’s effluent system was vulnerable to human error and lacked sufficient storage capacity.

While there was no evidence the effluent entered waterways, the court noted the cumulative environmental effects of such discharges are well recognised and remain a significant concern.

Starting from a fine of $60,000, the judge reduced the penalty by 35% to reflect Torrens’ guilty plea, remorse, good character, age and cooperation with the investigation, resulting in a final fine of $39,000.

Ninety per cent of the fine will be paid to Waikato Regional Council.