Hefty fines for dairying’s Crafar family

31-08-2009 | Richard Rennie

Prominent dairy farming brothers Frank and Allan Crafar and their company Hillside Farms were hit with a $29,500 fine each in the Hamilton District Court late on Friday for effluent discharge breaches. Allan Crafar's wife Elizabeth also received a lesser $1500 fine.

In sentencing Judge Laurie Newhook said the brothers had taken "short cuts with the environment" despite being good people of strong moral fibre.

The judge expressed his concern at the brothers' lack of remorse over the offending on the Hamilton property involved, saying they continued to "blame others at least if not more than they are blaming themselves".

Environment Waikato's frustration at the Crafar brothers' ongoing lack of compliance despite repeated warnings from the authority had seen the authority push for a hefty penalty.

The charges related to ongoing and "systemic" failures on the property that resulted in the brothers' sharemilker on the property lodging a complaint with EW.

EW counsel told the sentencing that only after a catalogue of efforts by EW seeking compliance had failed was a decision to charge the Cafars made.

The authority also wanted the sentence to reflect the brothers' previous convictions for similar offences charged by the Hawke's Bay Regional Council in 2007 and 2008.

The brothers' claim that the sharemilker was responsible for effluent management was also rejected by the council as a mitigating factor when considering sentence.

"Ultimately the landowning company has an obligation to ensure compliance, including providing an effluent system adequate for needs or a herd size suitable for the system."

The judge agreed with EW on the aspects of mitigation and responsibility.

The Crafars maintained that the sharemilker had been responsible for management of the farm's effluent system and delays over fixing the problem had been exacerbated by the sharemilker having an accident and the brothers wanting to ensure he could exit his position smoothly.

However Judge Newhook believed the brothers continued to exhibit a "cavalier" approach to running the property and placed their offending in the higher level of penalties.

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