Scoop has an Ethical Paywall
Canterbury Council's Freshwater Management Challenged In Court
Keiller MacDuff, Senior reporter
The first of two back-to-back court cases challenging the Canterbury regional council's freshwater management begins at the Christchurch High Court today.
The Environmental Law Initiative (ELI) will ask the court to quash a rule in the regional plan which allows certain farming discharges as a permitted activity.
Senior researcher Anna Sintenie said ELI will argue the rule - which allows the discharge of nutrients onto or into land to be a permitted activity in some circumstances, but can result in contaminants entering water - breaches the Resource Management Act.
She said the council should be protecting the health of Canterbury's waterways and people for generations to come, but has instead been "illegally permissive" of activities that have led to significant pollution.
The organisations will be back in the High Court the following week, as ELI seeks to have a consent for the Mayfield Hinds Valetta (MHV) irrigation scheme deemed unlawful.
In 2021, the council granted MHV Water Ltd a consent to discharge nitrogen over more than 58,000 hectares in the Hinds/Hekeao Plains.
Sintenie said the organisation is seeking a similar outcome as they won in 2024, when the court found the council had unlawfully granted a resource consent for the neighbouring Ashburton Lyndhurst Irrigation Ltd irrigation scheme (ALIL), and quashed the consent.
The regional council and ALIL have appealed the decision.
She said in the wake of the court's findings in the ALIL case - that the council's decision to grant the discharge consent breached the RMA, and that the council had failed to consider other relevant policies requiring it to avoid adverse effects on indigenous biodiversity and the "natural character" of coastal and freshwater environment - ELI took another look at the council's water management and protection.
The group will also argue the council failed to consider the potential impacts on local drinking water supplies, and should have notified the community.
It was just down to the court's timetabling that the cases had been scheduled back to back, Sintinie said.
But it was no coincidence the organisation was scrutinising the Canterbury Regional Council's decison-making, consent management and protection of freshwater.
"We've had a focus on water quality outcomes in Canterbury because we can see there's a significant nitrogen pollution issue in the region.
"We believe in this context of significant pollution, there's a high responsibility on ECan [the regional council] to be sure it's properly managing these issues."
The majority of the country's freshwater is located in Canterbury (about 70 percent), as is the bulk of the nation's irrigated land.
The council declined to comment while the cases were before the court.
RNZ
New Zealand's public broadcaster, providing comprehensive NZ news and current affairs, specialist audio features and documentaries.
Radio New Zealand is a Crown entity established under the Radio New Zealand Act 1995. Radio New Zealand News are vital elements in our programming, providing impartial news and information to New Zealanders every day. Radio New Zealand (RNZ) provides listeners with exciting and independent radio programmes in accordance with the Radio New Zealand Charter.
Gordon Campbell: On The New Pope, And The Israeli Attack On Peter Davis
New Zealand Police: Statement Regarding Jevon McSkimming
Climate Liberation Aotearoa: Climate Activist Draw Attention To Outdated Regulations Of Heli Tourism In Aoraki National Park
The New Zealand Remembrance Army: Victoria Cross And Hardham Cup Come Together For First Time In Over 100-years
Queer Endurance in Defiance: Wellington Queer Communities Protest Against NZ First’s Anti-Trans Bill
Water New Zealand: Stormwater 2025 - Tackling Flooding And Storms To Build A Climate-Resilient Future
New Zealand Labour Party: Labour Asks Why Govt Is Silent On Gaza
