GE Image Gallery 133

Body Corporate Fined for Wastewater Discharge

12 February 2019

Body Corporate 355972, the body corporate for a residential complex in Hamilton, has been fined $53,550 for discharging sewerage into the Kirikiriroa Stream in Waikato Regional Council v Body Corporate 355972 [2018] NZDC 23918.

Body Corporate 355972 pleaded guilty to one charge of unlawfully discharging wastewater under the Resource Management Act 1991 after the complex’s private wastewater pumping station overflowed into the Kirikiriroa Stream (a tributary to the Waikato River).

The wastewater pumping station serves 30 of the 107 dwellings in the complex and forms part of the common property. The discharge occurred when the pump failed and untreated wastewater was discharged from an emergency overflow pipe that discharges to the bank of the Kirikiriroa Stream.

In sentencing, the District Court found it hard to accept the Body Corporate did not know of the existence or the location of the overflow pipe. It also found the engagement of an on-site manager for the common property did not absolve the Body Corporate of its responsibility.