Southland man denies failing to comply with court order

A Southland man convicted of polluting a waterway has denied failing to comply with a court enforcement order.

Charles Edward Francis Kidd went to trial at the Environment Court in Invercargill, before a jury of 12 people on Monday.

Kidd was convicted at the Environment Court in 2019 of discharging waste diesel oil into or onto land in circumstances where it may enter into water, Crown solicitor Robin Bates said in his opening statement to the jury.

The court heard a swimming pool at Kidd’s complex at Winton was heated by an oil burner which burnt waste engine oil. As a consequence of a pump being left on, waste engine oil continued to be pumped into a tank which overflowed and entered a waterway via a stormwater sump.

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The subsequent enforcement orders were put in place to ensure the oil storage facility used to heat the swimming pool was fit for purpose and not prone to further leaks.

Kidd was required to engage at his own expense a qualified expert to assess the oil storage facility which caused the problem. The expert was then required to submit a report to Environment Southland, the court heard.

Kidd was to have completed these tasks by October 10, 2019, but he failed to do so, Bates said.

As such, Kidd was subsequently charged with contravening the Resource Management Act by failing to comply with the terms of the court enforcement order.

Bates told the jury that Environment Southland staff had provided Kidd with information of suitably qualified people to assess the oil storage facility and provide the report.

“The Crown’s case is Mr Kidd took no steps, or very few in relation to finding a suitably approved person and obtaining the report. He didn’t do what he should have.”

Kidd was representing himself in court but lawyer Scott Williamson was on hand to offer assistance.

In his opening statement, Williamson [on behalf of Kidd] said Kidd accepted he did not engage with an expert approved by Environment Southland, and he did not file a report from any expert.

“All those things are admitted,” Williamson said.

However, Kidd argued he took all reasonable steps to try and get an expert approved by Environment Southland, Williamson said.

Kidd would give the court evidence about what steps he took, and it would show he did everything that was reasonable in trying to get someone approved by the council, Williamson said.

“That didn’t happen because, Mr Kidd will say, the council was acting unreasonably in that regard.”

Crown witness Glen McMurdo, who was employed as a senior investigator by Environment Southland at the time, said on several occasions he sent Kidd details of consultants who may be suitably qualified to assess the oil storage facility. He did this to help Kidd comply with his enforcement orders, he said.

Kidd was also sent reminder notices, but he did not send any evidence to Environment Southland demonstrating he had abided by the enforcement order, McMurdo said.

The case, presided over by Environment Court Judge John Hassan, continues on Tuesday.