The composting operation by New Zealand Mushrooms Limited (New Zealand ihas led to ongoing complaints from neighbours over offensive odours, and Environment Waikato has prosecuted NZ Mushrooms for the discharge of offensive odour.
In this s consent appeal case involving the company, an interim court decision said NZ Mushrooms would either have to shut the composting plant or enclose it to prevent offensive odour beyond the property boundary. That interim decision led the company to investigate enclosing its activities of mushroom compost production to help prevent odour releases, followed by a planned shut down after five years. But NZ Mushrooms found the costs were too great.
Waikato Regional Council was requested to make application for an enforcement order applicable to ongoing operation of the mushroom compost production site pending final closure. An enforcement order to mitigate adverse effects of ongoing operation of the mushroom compost operation pending its final closure was also made.
was able to enclose its composting facilities . . . to the extent required to achieve a level of odour capture which ensures that there are no offensive or objectionable odours discharged beyond the boundary . . then the Court would uphold the appeals filed by Waikato Environmental Protection Society Inc and A R and J M Gray. New Zealand Mushroom has formally advised that it is unable to achieve that level of enclosure. Therefore the Court finally upheld the appeals filed by Waikato Environmental Protection Society Inc and A R and J M Gray. Consequently, the consents granted to New Zealand Mushrooms Limited by Waikato Regional Council and Matamata-Piako District Council to enable ongoing operation of the mushroom compost production site are overturned. Operations of mushroom compost production activities on the site are to cease forthwith.