The pilot, Mr Duncan Gourley, has been found guilty by the District Court for illegally discharging herbicide to land and water, and failure to use appropriate buffer zones by a waterway during aerial spraying. The final date for sentencing has yet to be confirmed.
Under the Resource Management Act 1991, this carries a maximum penalty of $200,000 and/or up to two years imprisonment.
The incident took place in October 2002 when Mr Gourley of Skywork Helicopters was undertaking aerial spraying operations on the Landcorp-owned Puketotara Station, near Kerikeri. The pilot, Duncan Gourley, was applying Tordon Brushkiller onto the property.
In early November 2002, local growers in the affected catchment noticed plants and crops dying. The Northland Regional Council were notified and investigations were undertaken. The results of an extensive investigation by the Regional Council concluded that crops were poisoned by herbicide in irrigation water taken from the river.
Samples showed that the chemicals Picloram and Triclopyr were present in the waterway used for irrigation, a tributary of the Mangaparerua Stream. Both of these chemicals are active ingredients found in Tordon Brushkiller.
Through a process of elimination, it was discovered that the waterway was contaminated from Puketotara Station.
The judge found that the evidence was sufficient to convict the pilot, while the helicopter company was not strictly liable. He believed that Skywork Helicopters had policies and procedures in place with regards to aerial spraying and it was human error that was at fault.
Northland Regional Council Monitoring Manager, Tony Phipps, was pleased with the judge’s decision and hoped it offered a reminder and warning for aerial spraying applicators.
“Under the Regional Air Quality Plan, the Northland Regional Council requires sprayers to comply with the buffer zone requirements of the Agrichemicals Users Code of Practice (a New Zealand standard) to protect sensitive areas such as streams, crops and other non-target vegetation. Sprayers should know the rules and gain proper training in applying the Code” says Mr Phipps.
“It was unfortunate in this case that this did not happen, leading to extensive crop damage with two horticulturalists suffering significant financial losses and hardship.”
Paul Baynham, Northland Regional Council Air Quality Team Leader, undertook the investigation that led to the prosecution.
Mr Baynham says people with concerns about any aerial spraying operations should report these matters for investigation to the Northland Regional Council’s 24-hour Environmental Hotline freephone (0800) 504 639.