Southland man found guilty in environment case

A Southland man has been found guilty of failing to comply with a court enforcement order imposed on him after he polluted a waterway.

Charles Edward Francis Kidd was on trial in Invercargill this week, with the jury delivering its verdict on Friday morning.

Kidd was initially convicted at the Environment Court in 2019 of discharging waste diesel oil into or onto land in circumstances where it may enter into water.

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 storm water sump.

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Enforcement orders were subsequently 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.

During this week’s trial, crown solicitor Robin Bates said Kidd failed to abide by those court orders, hence the charge he was facing.

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.

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

Environment Judge John Hassan, who presided over the trial, set Kidd’s sentencing date for June 9.