A mussel processing company has been fined $135,000 after discharging inadequately treated wastewater and creating foul odours that affected an Eastern Bay of Plenty town.
Whakatōhea Mussels entered guilty pleas at the earliest opportunity to charges brought by Bay of Plenty Regional Council. The mussel processing company faced two charges of unlawfully releasing wastewater from its Ōpōtiki facility and one charge relating to odour discharge.
Bay of Plenty Regional Council received 79 odour complaints from at least 35 different people between 24 January and the end of March 2025. The company released insufficiently treated wastewater into the Duke Street drain from 27 January to 7 March, and again on 28 March 2025. The company holds a 2021 resource consent permitting it to release treated water from its plant to a constructed wetland, from which water flows to the Duke Street drain.
One resident recorded odour on 30 separate dates in an odour diary submitted to court, while another temporarily vacated his home to stay with family and friends. A long-time neighbour sold their property, citing the odour as a factor in the decision.
The wastewater discharge also had environmental and commercial effects. Dead eels were seen floating in the Duke Street drain, and a local business with a resource consent to extract water from the drain had to truck water in from elsewhere.
At sentencing in Tauranga District Court on 11 May 2026, Judge Prudence Steven said the offending resulted from system failures and insufficient oversight caused by a lack of experience and expertise in the organisation. The judge found that Whakatōhea Mussels had not deliberately ignored poor system performance or behaved recklessly by continuing to discharge waste once system failures were detected.
Chief executive Peter Vitasovich said "the impact it had on the local community and environment did not align with the company's high standards and values. We know this incident caused concern, and we understand the importance of protecting our environment and the communities we operate in."
The company, which employs over 200 full-time staff in Ōpōtiki, has made changes to wastewater management following the January 2025 incident through system upgrades, new equipment and training programmes for staff. Vitasovich said early testing confirms the upgraded systems are performing effectively. The company sought advice to identify and address the root cause and maintained regular contact with the regional council.