An Athol farmer has been fined $18,000 for carrying out a burn-off without a permit during a prohibited fire season.
At his sentencing in the Queenstown District Court yesterday, Stephen Wilkins said "confusion" in his business was the reason for the illegal burn-off of stubble on April 19.
Judge Russell Walker said members of the Athol Volunteer Fire Brigade went to the property about 3pm after seeing smoke rising from the property.
A few minutes later, he messaged the area’s Fire and Emergency New Zealand (Fenz) rural controller to say he was about to light a fire.
When asked if he had a permit, he replied "yip".
However, a check revealed he did not, and via a message to one of Wilkins’ employees, the rural controller told him he could not start the fire.
The fire brigade arrived at the property about 4pm to find the burn-off still going, and the defendant again could not show them a permit.
Fenz counsel Chris White said it was the first time the offence had been prosecuted under the Fire and Emergency New Zealand Act 2017.
It carried a maximum penalty of $300,000 or two years’ prison, whereas the same offence under previous legislation had a maximum fine of only $1500.
It showed Parliament’s intention that such offending should attract greater penalties, Mr White said.
"Any penalty must be seen to have an impact — it can’t just be seen as the cost of doing business."
He asked for a fine of $40,000 to reflect the "persistent and somewhat cynical" nature of the offending.
Wilkins’ actions were "flagrant and involved an element of deception" because he continued to burn the stubble for about an hour despite knowing he did not have a permit.
Judge Walker said the defendant had written to the court giving his explanation of events.
He had been at "cross-purposes" with the company’s administration team, whom he thought had obtained a permit.
He had learned a "salutary lesson" from the experience, and would improve the company’s processes to prevent a repeat of the incident.
However, he disputed Fenz’ claim the fire brigade had been called out twice, saying that on the first occasion, only two members had gone to the property.
From a starting point of a $30,000 fine, Judge Walker made deductions for the offending being the first of its nature for Wilkins, as well as his guilty plea, good character and expressions of remorse, to reach the end fine of $18,000.
Wilkins was also ordered to pay $500 towards Fenz’ prosecution costs.
