Crafar Family on Environment Court Decision

Press Release - 07 August 2009 – 3.00pm - for immediate general release

Media Statement by the Crafar Family, principals of the Crafarms Group, Reporoa, in relation to the recent decision of the Environment Court in Environment Waikato v Hillside Limited & Others (CRI 2009-019500800 -919), and ongoing media reports.

The Crafar family are extremely disappointed by the decision of the Environment Court in the recent Hillside prosecution. This decision significantly extends the boundaries of the previously understood law in this area, particularly regarding the personal liability of individuals who are not directly connected with the day to day operations of a dairy farm.

As Hillside is still before the Courts, we are prevented from making specific comment about this decision.

However, we are continuing to discuss the Judgment with our legal advisers.

We are aware of a significant amount of media comment published about our family and its dairy farming operations, both prior to and following the Hillside decision. Many of these comments are sensationalist, lack journalistic balance and are most likely defamatory. Some of these comments have been made by individuals holding governmental office, who know little about our operations and the facts surrounding the compliance matters at issue. We can only assume therefore that those comments are politically motivated.

The media has incorrectly reported the issues to make it appear that we have deliberately pumped effluent directly into waterways. This has never been the case.

Until now we have chosen not to publicly challenge these unfounded and ill-considered comments.

However, our family is not immune to their caustic and hurtful content, and their publication has caused us considerable emotional and financial harm.

It is doubtful whether any New Zealand dairy farmer has spent more money on farm effluent management systems, or has better backup in the form of tractor pumps, vacuum tankers, muck spreaders, spare pumps and staff on call at all times, than Crafarms. These costs now come to several million dollars. However, certain Regional Councils have chosen to prosecute Crafarms at every opportunity, despite a number of offers from our family to work co-operatively with the Councils to proactively address any perceived compliance issues. It is very difficult to efficiently operate dairy farms to Council-demanded standards, where those Councils are constantly tying up valuable resources, time and money on (in our view) unnecessary court cases.

The Crafar family fully regrets the spate of recent compliance prosecutions in which it has been involved.

As dairy farm operators we recognise we are not perfect, yet neither is any New Zealander. The Crafar family is committed to protecting our environment – we are not aware of any farmers who are not. In the majority of these compliance cases the Crafar entities have pleaded guilty. The fact that RMA compliance prosecutions result in criminal convictions is little understood. The nature of these prosecutions is that you are automatically guilty until proven innocent, whereas if you murder or rape someone you are innocent until proven guilty. But our family is entitled to defend such prosecutions where we consider there is no proper basis for them.

Our family is proud of its dairy farming achievements. We started with nothing except one cow, straight from school. We have been pioneers in developing dairy farming operations in difficult land areas. We have provided hundreds of people with direct employment in New Zealand’s most productive industry, and many more through the use of service industries. Yet for our efforts we are being branded as criminals.

We are a farming family – not “corporate” farmers – and feel very much a part of the entrepreneurial spirit which has driven New Zealand’s economic development since its earliest days. New Zealand needs highly productive workers, including innovative dairy farmers. Despite recent negative events, we hope we can continue to play a role in New Zealand in these regards.

ENDS

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