Judge Brian Dwyer previously found City Care Ltd guilty in the Dunedin District Court on six charges under the Resource Management Act, relating to discharge of contaminants from wastewater treatment plants at Stirling, Owaka, Kaka Point, Tapanui and Lawrence in late 2019.
This afternoon, the judge declined an application made to discharge City Care without conviction, saying it was “a very high bar” to achieve such an outcome.
The Christchurch City Council-owned company failed to prevent essentially untreated wastewater, including human sewage, from escaping the facilities.
The Three Waters contractor responsible for maintaining the five Clutha wastewater treatment plants left them surrounded by thigh-high grass and weeds, encumbered by sludge, scum and algae, along with “unpleasant or obnoxious odours”, and not up to the task for five months after taking over their maintenance.
Their filtration systems were known to be "knackered", yet nothing was done.
In a 105-page decision released in April, Judge Dwyer said he found the level of blame for City Care’s offending to be "at a considerably lower level" than the Clutha District Council, which he fined $500,000 over the matter more than two years ago.
Counsel for City Care Philip Shamy described the company as the “unfortunate dupe in this case”, taking over plants that were already performing poorly.
Judge Dwyer put it in a different way: it had been “sold a pup”, he said.
Mr Shamy argued his client should be discharged without conviction because its level of culpability was so low.
The Clutha District Council knew about the problems with its wastewater systems and were the only party who could spend the money to rectify those issues, he said.
Mr Shamy said the publicity around City Care’s guilt was punishment enough and had resulted in severe backlash against the company and its staff.
An affidavit provided to the court detailed nine incidents of bullying, abuse and property vandalism.
“There’s an element of what is fair in sentencing, what is right,” he said. “It’s not a case . . . that warrants a conviction being entered.”
The discharge was opposed by the prosecution - the Otago Regional Council.
Kate Logan said the reputational damage and commercial impacts cited by City Care in support of its application were factors that would be apparent regardless of whether or not a conviction was entered.
Judge Dwyer agreed.
City Care only took over the contract for maintaining the facilities in July 2019.
When it did, the company’s wastewater treatment operator found the filtration system to be unfit on his first site visits and reported the situation to his manager numerous times.
However, Judge Dwyer said the company “should’ve strongly and persistently” raised the matters.
City Care’s contract with the council ended by mutual agreement in June, a year earlier than the five years originally signed for.
