Cyclists struck by dew in an orchard near Hastings, Johnny Appleseed fined $ 14,000

A Hastings orchard has been fined $ 14,000 for an illegal agrochemical spray after two cyclists were covered with chemical spray.

Johnny Appleseed Holdings Ltd pleaded guilty in Hastings District Court on Wednesday to dumping agrochemicals into the air on September 23, 2019.

The bicyclists were traveling along a path that skirted an orchard on Otene Rd, Hastings, while a spraying operator employed by Johnny Appleseed worked in the orchard.

An environmental official for the Hawke’s Bay Regional Council attended the scene after the couple, who were covered in spray, getting their hair wet despite their helmets, filed a complaint.

Officers observed two orchard sprinklers operating in gusts of wind, and it was clear that the dew was blowing over the road and Otene Rd, despite having no signs along the way that it was being sprayed.

The agrochemicals the cyclists came into contact with were Calibra (a fertilizer), Folicur (a fungicide classified as dangerous), Mantrac (a fertilizer classified as dangerous) and Pristine (a fungicide classified as dangerous).

Judge Melinda Dickey fined the company $ 14,000 for noncompliance with the Hawke’s Bay Regional Resource Management Plan.

HBRC group policy and regulation manager Katrina Brunton said the large fine serves as a strong signal to gardeners that they must comply with the law.

“Aerosols can be dangerous to public health and must be used with great care and diligence,” he said.

“We will not tolerate bad practices in the horticultural sector and we will rigorously enforce the law to protect people and the environment.”

Brunton said the fine should deter others from not taking proper precautions when using an agrochemical spray.

“This is the fourth successful judicial process for the regional council this year. We are committed to carrying out illegal activities through the courts to enforce the rules that protect our community and our environment.”

Anyone with information on unauthorized discharges to land, air or water should contact the city council’s 24/7 pollution hotline at 0800 108 838.