By the Numbers – South Canterbury Farmer Fined $3,000
A South Canterbury farmer has been fined $3000 after pleading guilty to taking water for irrigation when a full restriction was in place. The case was heard in the Timaru District Court on November 27, 2008.
The offence occurred during March 2008, near Geraldine, when Environment Canterbury (ECan) was advised that water was being taken from Coopers Creek when it was on restriction. Following an investigation, the source of the abstraction was traced to an irrigator on Ian James Kerse’s farm. Mr Kerse has resource consent to take groundwater from a bore that is hydraulically connected to nearby Cooper’s Creek; however a condition of the consent states that this must cease when the flow of Coopers Creek is gauged at 50 litres per second or less.
Judge Doherty accepted the abstraction had occurred for 12 hours and involved 1,200 cubic metres of water; therefore any impact on Coopers Creek was minor. However, while the defendant had not intended to irrigate illegally, the abstraction had breached the low flow condition and it was Mr Kerse’s responsibility to have checked that.
Mr Kerse’s action was contrary to section 14(1)(a) of the Resource Management Act 1991. No aggravating features were identified, and credit was given for the guilty plea and Mr Kerse’s co-operation.
Judge Doherty imposed a fine of $3,000. The Judge also ordered Mr Kerse to pay court costs of $130. Ninety per cent of the fine to be paid to the regional council.
For further information: Kim Drummond, ECan Director Regulation, 03 372 7232, 027 497 8366.
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