A Galatea farmer who unknowingly lit a rubbish fire full of aerosol cans and tyres without a permit has been fined $3000, while farm's owners have been forced to pay $6000.

Cool Haven Limited, and its former farm manager Christopher Rugg appeared for sentencing in the Environment Court in Tauranga today each facing a charge under the Resource Management Act of discharging contaminants into the air.

Thick black smoke coming from the tyres in a fire on a Galatea farm. Photo: Supplied.

On November 4, 2012 Rugg, who was the manager of Cool Haven Limited in Galatea at the time, lit a scrub fire consisting of barberry hedge, aerosol cans, silage wrap and about 20 tyres.

Bay of Plenty Regional Council received reports of black smoke billowing 100 metres in the air in about 500metres proximity of three houses and the Galatea Primary School.

The complainant told council the fire started about 1pm on November 4 and was still burning the next day.

On November 9 a regional council investigator visited the property where she found two fires on the paddock to the north of the dairy shed. The larger fire, measuring about 40m by 10m was still smouldering.

It contained plastic wrap, aerosol cans, burned tyres, lino/carpet and general rubbish. The smaller contained only barberry.

Rugg, who pleaded guilty at an earlier appearance, says the fire was the second fire to be lit on the property that day, and he only did it to help out after seeing the first one alight.

Prior to the fire, Rugg discussed with the farm's sharemilker and director David Hudson about the piles of rubbish and it was noted resource consent was needed for the bigger fire.

'When I saw the other fire was lit I thought the permit had been obtained. I took it into my own hands,” says Rugg.

According to the summary of facts the two piles of rubbish were arranged by machinery operated by another employee of the farm and Rugg was somewhat unaware of what the rubbish pile fully contained.

In court regional council lawyer Adam Hopkinson argued that Rugg was fully aware the tyres were in the rubbish. He says Rugg only claims it was an attempt to help out that was not thought through.

'Since the other fire was lit he assumed ‘the sometime' had been reached [for the permit] and it was dry enough,” says Judge Jeff Smith.

'He lit it and knew there were tyres in it and just assumed it was okay because it was all in the same pile. He knows it is socially unacceptable to burn tyres.”

Since the incident, the company's directors approached the council with full remorse and responsibility along with a willingness to pay $6000 reparation.

Judge Smith convicted and discharged Cool Haven Limited on the charge after making the $6000 payment the Bay of Plenty Regional Council. Rugg was fined $3000 – 90 per cent to also be paid to the council.