Bay of Plenty Regional Council prosecuted CPB Contractors Pty Limited (CPB) for wastewater discharges caused by construction damage on the Baypark to Bayfair Link Project, resulting in a fine of $63,000

CPB, as the head contractor with overall responsibility for the project, pleaded guilty in the Tauranga District Court on 5 July 2021.

The discharges, which occurred after one of CPB’s sub-contractors struck an underground sewer pipe while installing stone columns, led to approximately 370,000 litres of wastewater discharged onto Maunganui Road, with an unknown volume entering the Tauranga City Council’s stormwater network, which flowed into a drain underneath the Omanu Golf Course, then to the Tauranga Harbour. The discharge occurred on the evening of 29 April 2019.

Following the incident, CPB also worked with a hapū advisory group, comprised of representatives from Ngā Potiki, Ngāi Tukairangi, Ngāti Tap and Ngāti Kuku, to apologise for the event, and identify how cultural impacts could be addressed. As a result of this, CPB have committed to $40,000 in environmental restoration works downstream of the discharge point.

Regional Council Compliance Manager, Alex Miller says the prosecution highlights how important it is for meticulous care to be taken during construction projects to avoid environmental impacts.

“This case shows the environmental and cultural flow on effects of wastewater discharges.

However, we recognise CPB worked alongside tangata whenua throughout the justice process and the planting programme is a positive response to the charges,” says Mr Miller.

Judge Dwyer said the discharge of raw sewage into our waterways is a well-recognised cultural offence to Māori.

“Such discharges are commonly offensive to the wider community.”

“CPB has a comparatively high level of culpability arising out of the failures of both its employees and its own procedures which failed to ensure that a critical safety essential was followed,” Judge Dwyer said.

Regional Council encourages anyone who notices wastewater overflows or other pollution matters to call the 24/7 Pollution Hotline on 0800 884 883.

For more information on environmental enforcement and to view the sentencing decisions, please visit our website, www.boprc.govt.nz/environmental-enforcement

Under the Resource Management Act, regional councils and unitary and territorial authorities have primary responsibility for compliance, monitoring and enforcing the Act to help manage natural resources and protect the environment.

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