A neighbour of Legacy Funeral Homes in Pyes Pa, Tauranga, described how ‘loved ones’ ashes ended up in our property, my home, my lungs.’ Photo: Supplied / Stuff / Mike Nelson
A Tauranga funeral home is facing fines of as much as $600,000 after operating a faulty cremator that left neighbouring homes, and the people inside them, "enveloped by smoke and ashes of dead bodies".
Legacy Funeral Homes appeared on Monday at the Environment Court in Tauranga, after earlier pleading guilty to representative charges under the Resource Management Act over their crematorium smoke discharges.
They also pleaded guilty to representative charges of contravening abatement notices.
The maximum penalty for the charges is a fine of $600,000.
Legacy directors Glenn Dougal and Raimonda Marie Pointon were also in court, just feet away from Kelsey Dew, who read a victim impact statement.
She said her family home was right next to Legacy's Pyes Pa operation, and her bedroom just 25 metres away from the crematorium stack.
"Our grim reality, dead bodies over our property."
She said herself and her husband Matt Bear had bought into the family home, the place where she grew up, they were married, and it was where they intended to remain and raise their own family.
However, she said the experiences of living with the discharges had "tainted those memories".
She also described the smell as something that "can't be escaped or covered up".
"The house that was meant to be a sanctuary now feels like a prison," she said.
Bear also read a victim impact statement, telling the court it had shattered his physical and mental health.
He also said on one occasion as the house filled with the crematorium smoke, he vomited.
"Smoke and particle matter of dead bodies filled our home on many occasions," he said.
"Personally enveloped by smoke and ashes of dead bodies... The smoke and ash from these dead bodies invaded my lungs, my body. I'm still trying to accept this."
He also said he was deeply troubled on behalf of the whānau of the deceased, noting "loved ones' ashes ended up in our property, my home, my lungs".
He also slammed Legacy for what he said was complete disregard for them when they tried to raise their concerns.
"Legacy knew what was happening, and still continued to run this faulty equipment ... even after we pleaded with them, and the regional council issued abatement notices," he said.
"Our home and property have been desecrated. This is not hyperbole, it is literal desecration."
Prosecutor Adam Hopkinson told the court there was "a unique element of offensiveness" about the case.
"What we're dealing with here is the discharge of cremated smoke ... human remains."
He said Legacy has been made aware of the problems, but continued to operate anyway.
Defence lawyer Tim Conder told the court Legacy had sought expert help to fix the faulty cremator, and noted they give "100 percent of its profits to a registered charity".
He also cited the impact of Covid-19 and the "unique pressure" it placed on cremators.
However, he did concede "what occurred was an offensive discharge".
Environment Court Judge David Kirkpatrick said he would reserve his decision, "not to drag things out any further, but to make sure I can give this some careful consideration over the next few days."
* This story was first published by Stuff.