The High Court has ruled that Canterbury’s regional council made a mistake when it allowed farms to discharge nitrates and other pollutants without resource consents. However, the court did not order the council to change the rule. The decision comes as the region faces increasing levels of nitrate in its waterways and the resulting impacts on human and environmental health.
The Environmental Law Initiative (ELI) brought the case to challenge a regional plan rule that classified certain farming discharges as permitted activities, thus not requiring resource consents. The court found that the council’s rule-making process did not meet legal requirements and was at the core of Canterbury’s nitrate crisis.
Justice Mander found that Environment Canterbury (ECan) did not properly consider and apply the Resource Management Act when including the rule allowing certain nutrient discharges from farming as permitted activities. ELI argued that the rule breached the law and allowed for further intensive farming without adequate evidence of meeting pollution standards.
The court found that the council failed to provide sufficient evidence to support the rule and did not consider its potential adverse effects on aquatic life. This systemic issue of not meeting legal requirements in planning processes has been found in other cases involving ECan as well.
Although the court found that the rule should be subject to review, it was determined that too much time had passed for it to be challenged under the Resource Management Act. The council argued that changing the rule would have significant consequences for those who have relied on it, potentially requiring lengthy and expensive resource consent processes.
Despite the ruling, ELI emphasized the need for better enforcement of environmental limits and regulations to address the existing pollution issues in Canterbury. The organization stressed the importance of ensuring that rules and limits are met on the ground to protect the region’s waterways and environment.
We must face the reality of biological and ecological truths
These were the sentiments expressed by a spokesperson, emphasizing the importance of accountability and adherence to existing laws.
Recent data from Stats NZ reveals that Canterbury leads the country in irrigated agricultural land, with 480,000 hectares under cultivation. The region also dominates the dairy farming irrigation sector, accounting for 70 percent of the national total.
Worryingly, the council’s latest groundwater monitoring results indicate a concerning trend, with nitrate levels on the rise in 62% of the 300 wells tested.
In response to the escalating issue, the council made a critical decision in September to declare a nitrate emergency.
When contacted for a response, the regional council remained silent on the matter.
