Fish & Game Welcomes Landmark Water Quality Win in the Environment Court

31 March 2015

Fish & Game is describing the Environment Court decision on Hawke’s Bay water quality as a “landmark” which will have an impact nationwide.

The Hawke’s Bay iwi Ngati Kahungunu took the case to the Environment Court to challenge the Hawke’s Bay Regional Council’s proposal to change the way it manages water quality in its regional plan.

Ngati Kahungunu argued that the regional council could not allow groundwater quality to be further degraded and that the council must also recognise and provide for Maori culture and traditions with taonga such as water.

In its March 27 decision, the Environment Court said it is every regional council’s function to enhance the quality of water by controlling land use, and even though that may not always be easy, it is not optional.

The council had proposed managing the overall quality of water with what it described as an “unders and overs” approach, which would allow some waterways to decline in quality if that decline was balanced by improvements in other waterways.

The court rejected this argument, saying it had difficulty seeing how that could be consistent with the council’s requirement to maintain and enhance water quality. It also said the regional council’s proposed changes were “flawed” because they fell short of the government’s National Policy Statement for Freshwater Management.

Fish & Game Environmental Manager Corina Jordan describes the Environment Court decision as a “massive victory” for not only Ngati Kahungunu, but the whole country.

“This is hugely important for sustainable management of freshwater and implementing the National Policy Statement on water,” Ms Jordan said.

“The Environment Court has resoundingly rejected the regional council’s claim that it is impossible to prevent further degradation of groundwater from the impact of agriculture.”

“The court also makes it clear that not being able to remedy the poor practices of the past is not a good reason to allow the same errors to be made in the future. It clearly states that this would be irresponsible.”

Ms Jordan said the decision is important for all Maori.

“The court has told the Hawke’s Bay Regional Council that it must not only protect water from further degradation, but actually improve its quality if it is to meet its obligation to Maori.”

Ms Jordan said the Environment Court’s decision is hugely significant.

“This is a landmark decision and one that will have an impact nationwide. I can see immediate benefit for water quality and its management in Waikato, Taranaki, and Canterbury.”

ENDS

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