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Patrick Lynch, Waikato Regional Councils compliance manger, recommends that environmental offenders be punished more strictly and enforced laws.
Waikato enforcement specialist says that there are options for the Government to scrap jury trials for environmental offenses and hand out harsher fines. This is as the Government contemplates tougher legislation under Resource Management Act reforms.
Patrick Lynch, Waikato Regional Councils Compliance Manager, makes his comments in personal capacity in a paper last month for the Ministry for the Environment.
It comes as penalties are under scrutiny nationally and in Waikato. He was sentenced to a regional-first home detention sentence for environmental offenses and a $100,000 fine.
Lynch’s paper indicates that there have been very few custodial sentences in the country over the past 30 year for environmental offenses. However, people can be held for up to 2 years.
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McIntyres most recent case saw the Crown seek a prison term, but Judge David Kirkpatrick decided on home detention, saying that this would allow him to face his responsibilities and help clean up his farm, as well as comply with an enforcement order.
Lynch said last month about McIntyres five month sentence of home detention: It’s a reflection the seriousness of the offending… It seems perfectly appropriate.
Lynch responded to Lynch’s question, “It does show a strengthening of messaging coming from court.”
If fines have not been sufficient to deter criminals in the past then the risk of imprisonment or home detention must be considered.
Peter Drury/Waikato Times
The Crown requested Kenneth McIntyre to be sent to prison for his crimes against the environment in Waikato, but he was instead given home detention.
A recent Randerson Panel document, New Directions for Resource Management in New Zealand, discussed how to strengthen environmental compliance, monitoring, and enforcement.
Given the complexity of the cases, the panel’s ideas included reducing jury trials and banning insurance against environmental fines and infringement fees.
Lynch stressed that his comments in his paper on MfE were not meant to criticize or express frustration with court judgements. He also argued against Randerson’s comments on jury trials in Randerson reports, saying it was easier and better to have RMA prosecutions exempted from jury trial.
Environmental cases can be very technical and would normally go to a judge of the district court who is also holding an environmental warrant or is well-versed on the technicalities and consequences of environmental offenses. I believe there is a greater chance of jurors arriving at incorrect verdicts.
Lynch stated that many people see fines for serious environmental offenses as light and not enough deterrence.
His paper stated, for instance, that the 2020-21 fines resulting from RMA prosecutions totaled about $5.2million, just under 4 percent of the total possible maximum fines of $130 million.
There have been multiple calls that the maximum fine should be increased…[but]The maximum penalty is not an issue, as there are many untapped opportunities (more than 95%) in the existing penalty regime.
He stated that clear messaging, guidance, and even direction to sentencing judges regarding community expectations would result in a significant increase in penalties.
Lynch stated that the unpaid fines accumulated over four years meant that there was a ratepayer loss of more than $360,000 after regional council costs were subtracted from fines revenue. What can we do to ensure that? [the Ministry of Justice]Is it possible to recover the maximum amount of fines imposed on environmental offending? He asked.
MfE stated that compliance, monitoring, and enforcement are the last line of defense to protect the environment against degradation.
The ministry is currently exploring ways to modernize the enforcement tools available for regulators in order to make sure they are best able to deal with environmental offenders as part of its reform process.
The final decisions are still to be made. More information will be available when the Natural and Built Environments Bill, which is expected later in the year, is introduced to Parliament.
