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Animal rights group SAFE says the sentence handed out to a Southland farmer last week was "light, given the severity of the breaches".
Andrew James Wright, of Tokanui, was convicted in the Invercargill District Court for 35 breaches of the Resource Management Act relating to his operation of a large-scale Wagyu feedlot between July 2023 and November 2024, during which time he repeatedly discharged agricultural effluent into the Tokanui Stream.
Cows were found standing in "liquid sludge" up to their udders in paddocks owned by Wright, who has a record of animal cruelty.
During sentencing, Judge Kelvin Reid described Wright’s behaviour as "cavalier" and said his attitude towards the offending was notably dismissive.
Wright was convicted and sentenced to 12 months’ home detention, the maximum time that can be served on such a sentence.
SAFE chief executive officer Debra Ashton said the affected animals would have suffered terribly.
"Years on, it is clear that something is still not right there. People who have been prosecuted under the Animal Welfare Act for animal cruelty should not be responsible for animals."
"This farmer needs to be proactively monitored," she said.
"Members of the public play an important role in reporting what they see; however, the responsibility for monitoring farms, especially where breaches have already occurred, must fall on the Ministry for Primary Industries and Environment Southland. This should be done proactively rather than reactively, when it can often be too late.
"The government needs to send a clear message that breaches of the Animal Welfare Act and the Resource Management Act will be taken seriously."
Wright had argued bad weather in the spring of 2024 had affected his ability to manage the waste left by his livestock, but the judge denied this claim.
He highlighted many of the discharges clearly took place, at the latest, during autumn and winter.
"Your offending was deliberate and offending was very high … it was of a nature that does not often come before this court."
The defendant had instructed his employees to suck waste out of the estuary pond and spray it down a gully which led to a natural spring.
Wright was well aware of the spring’s existence but claimed he had taken measures to stop the effluent reaching it.
Environment Southland officers who investigated the farm estimated over 480,000 litres of effluent were sprayed down the gully.
The council investigated repeatedly from September to November in 2024 but were not fully informed about the scale of his farming operation until much later.
Effluent had flowed into the nearby Tokanui Stream, leaving organic material lodged in the waterway and growths of sewage fungus, the court heard.
Over the course of a year, the prosecution estimated Mr Wright made over $1.8 million from his 523 Wagyu cows.
The judge said significant environmental damage had occurred and although the defendant had made remedial efforts, they were not significant enough for a sentence reduction.
Environment Southland lawyer Tim McGuigan said Wright showed an "entrenched and consistent pattern of behaviour".
Judge Reid said compliance appeared to be a low priority for the defendant.