Formosa fined $86,000 for wastewater discharge into creek

A former golf course owner in Auckland has been slapped with a $86,000 fine for discharging wastewater into a creek.

Formosa NZ Limited, which operated a resort complex in Beachlands including a golf course and club, pleaded guilty to all six charges filed against it under the Resource Management Act.

The charges were laid in relation to discharge and non-compliance on three different occasions over a six-week period last year, and breach of an abatement notice.

Auckland Council inspections conducted last year found the resort’s wastewater treatment system was seriously malfunctioning and discharging untreated or partially treated wastewater into the nearby Waikopua Creek.

High levels of E coli were found in the creek.

Environment Court Judge David Kirkpatrick sentenced Formosa to pay $86,250.

Judge Kirkpatrick said he did not believe the discharge was intentional, but acknowledged that the problems were not given priority.

“Accordingly, the offending was extremely careless. The nature of the discharge made any amount of it a serious matter”.

Auckland Mayor Phil Goff said he was pleased to see the company fined after “repeated acts of negligence”.

“The offender was made aware of the problems, but deliberately chose to ignore them. Had they chosen to engage with the council when asked, the problems could have been resolved and further action avoided, but given their indifference a punitive fine is entirely appropriate.”

Goff said he hoped this would be a deterrent those who pollute the city’s waterways.

Local mana whenua Ngāi Tai Ki Tāmaki described the discharge as a direct insult to their mana in a Cultural Impact Assessment.

Formosa no longer owns the property and the issue has since been fixed.