Category: Environment Canterbury Regional Council

A recent court decision to set aside a discharge consent for an irrigation scheme could have wide-ranging impacts on economic activity around the country.

In March this year, the High Court found that a material error of law had been made in the Commissioner’s decision (PDF file, 1015.77KB) to grant a discharge consent to Ashburton Lyndhurst Irrigation Ltd (ALIL). The decision will have wide-ranging impacts on future applications for all types of discharge consents where water quality is degraded.

ALIL’s discharge consent authorised the discharge of nutrients onto or into land from farming activities between the Hakatere/Ashburton and Rakaia rivers. Following the release of the decision, affected farmers will need to rely on the previous ALIL discharge consent until further decisions are made.

Canterbury Regional Council Chief Executive Dr Stefanie Rixecker said the decision has highlighted a need for clarification on the intention behind Section 107 of the Resource Management Act (RMA).

Rixecker said it was already widely acknowledged that the decision has potentially serious repercussions for the way freshwater improvements are achieved, both in Canterbury and across New Zealand.

Decision raises questions over policies and planning frameworks

The Canterbury Land and Water Regional Plan (LWRP) sets a framework by which resource consents can be granted in areas with degraded water quality if significant reductions in the discharge of contaminants can be achieved over the life of the consent.

However, in the ALIL decision, the High Court found that the RMA does not allow for reductions in the discharge of contaminants to occur over time where the discharge, either by itself or in combination with other discharges, has given rise to significant adverse effects on aquatic life.

“The Court’s interpretation of the RMA calls into question the framework we have developed with our mana whenua partner and communities over a long period to drive freshwater improvements,” Rixecker said.

“We are addressing this challenge in two ways – by approaching the Government for changes to the RMA, which would provide an enduring long-term solution, and by appealing the decision.”

Canterbury Regional Council Chair Peter Scott has sent a letter to Ministers Chris Bishop and Penny Simmonds seeking an urgent amendment to the RMA to address the issue.

“We have raised this risk with the Government because there appears to be a misalignment between the RMA and the National Policy Statement for Freshwater Management, which recognises the need to drive freshwater improvements within a timeframe that is both ambitious and reasonable – within a generation, for example. The High Court decision tells us that significant adverse effects must be immediately avoided at the time the consent is granted, which is very difficult to achieve,” Rixecker said.

Successful approach in Waitaha/Canterbury

“The approach taken to freshwater management in Waitaha/Canterbury has been successful in promoting continued economic progress via productive use of resources while at the same time addressing the environmental impacts of these activities,” Rixecker added.

“We have decided to appeal the decision because of its potentially wide impact – both in Canterbury and nationally – and it is important for us, consent applicants and communities across New Zealand, that we have clarity and certainty.

“In the meantime, we are bound to apply the law as it currently stands – as reflected by the High Court decision, which means we need to apply the decision when considering discharge permits in the future.”

We are reassuring Metro and MyWay customers that our fares will mostly stay the same, including its $2 Greater Christchurch flat fare trial, following the government’s cancellation of some of its Community Connect concessions.

These changes will come into effect from 1 May. These are nationwide changes, decided by the new government. 

One change to Metro concessions 

The sole change for Metro’s Greater Christchurch customers is the government’s removal of the free concessions for 5-12-year-old’s. This group will now need to pay $1 bus and $2 ferry concessions from 1 May.  

We had already planned for the continuation of the Under 25 concession in its 2022/23 Annual Plan, as part of its flat fare trial. All other Metro concessions for Greater Christchurch will remain the same including Community Services Card holders, tertiary students and Total Mobility customers. 

View Greater Christchurch Metro fares. 

Top up child Metro cards

Children aged 5-12-years-old who use Metro services will need to start topping-up their Metro cards again to enable them to pay the $1 child fares from 1 May. Children under 5 will continue to travel for free without a Metrocard. 

“We want to ensure parents and their children are aware of this change, well ahead of time,” Public Transport General Manager Stewart Gibbon said. 

Flat fare trial tracking well

Our flat fare trial has helped highlight how cost-effective and convenient public transport is.

“We are extremely pleased with our flat fare trial which has now put our patronage back above pre-COVID levels and is on-track to record a post-earthquake patronage high,” Stewart said.

Timaru fare changes

Timaru customers can expect slightly different fare changes.

“MyWay’s $1.50 child fare will remain. However, both the 5-12-year-old’s Metro school and Metro Timaru concession, and under 25 MyWay concession will cease in Timaru on 30 April,”  Stewart said.  

“This means children travelling on our Metro school services will need to start paying the 95-cents per ride fare again,” he added. 

View Timaru fares here – these will be updated by 1 May. 

PIC New Zealand Ltd (PIC) has been convicted of causing potential contamination to groundwater through its effluent discharges to land.

PIC pleaded guilty and has been convicted of one charge of discharging a contaminant (piggery effluent from a travelling irrigator) onto land which may have resulted in the contaminant entering water.

In August 2022, a compliance officer observed a travelling irrigator discharging effluent onto bare land which was saturated with rainwater. The discharge caused significant effluent ponding running the length of the paddock behind the travelling irrigator.

Allowing ponding to occur is a breach of the company’s resource consent – specifically the condition stating that discharges must be managed in such a way that effluent ponding does not occur.

Ponding can lead to water contamination

Ponding on land occurs when liquid effluent is applied at a greater rate than what the soil can absorb. When soil is saturated, leaching into groundwater aquifers can occur and create pathways leading to contamination of our water sources like springs, rivers, lakes and drinking water. 

Pig effluent has higher quantities of nitrogen and ammonia compared to dairy effluent which makes it especially important to manage effluent application. 

Zone Delivery Lead Gillian Jenkins says it’s important that farms plan ahead for wet conditions to prevent ponding. 

“Even though this particular incident happened during a really wet event, the Court ultimately decided that farms need to do better at managing their effluent in all conditions. 

“All farms need to have up to date management plans that allow for climate change. Staff training and farming practices need to be adequate to respond to wet events like this as they will only increase in the future,” said Gillian. 

A successful prosecution

PIC has been ordered to pay $29,000 as well as legal and court costs. 

The Court’s decision considered PIC’s guilty plea, that it has begun trucking effluent off site, is using a revised management plan and has installed a Hi Lo monitoring system on its effluent tank since the incident. It also took into account PIC’s previous abatement notices.  

“Ponding of effluent as bad as this and the potential leaching of contaminants to groundwater in the Selwyn area is unacceptable. 

“We are really pleased to see the steps that PIC is taking towards improving compliance at the site and we’re working closely with them to ensure a problem like this doesn’t happen again,” Gill said. 

Discover amazing events during Seaweek 2024 showcasing the importance and diversity of marine environments.

Waitaha/Canterbury is home to around 800 kilometres of beautiful coastline, home to ecologically rich and diverse marine habitats that support a variety of plant and animal species, such as seabirds, marine mammals, fish, invertebrates, and seaweeds – many of which are recognised as taonga species.

While we are lucky to enjoy Canterbury’s beaches and bays for recreational fun, Seaweek, Saturday 2 March to Sunday 10 March 2024, is a reminder that we also have a responsibility for the health and well-being of these coastal and marine ecosystems; encouraging us to all be kaitiaki or guardians of the sea.

Stormwater leads directly to our sea

One major way our region can look after the sea is by being mindful of how we treat our local stormwater system. Stormwater is water that runs off hard surfaces like roofs, driveways, footpaths and roads. In urban areas of Canterbury, stormwater drains (the grated drains you see on the side of the road) lead directly into our streams, rivers and ocean—untreated.

In May 2023, after Christchurch’s seventh-annual Mother of all Clean-Ups event, a shocking 466 large bags, or 2,370 kg of rubbish was removed from local waterways.

Dr Elaine Moriarty, Surface Water Science Manager, explains why this is a problem:

“Litter in our waterways can leach contaminants into the water, clog up stream bed habitats and often break down into smaller particles like microplastics that are ingested by aquatic organisms causing harm or death.”

This Seaweek, get involved and learn more about the small things we can all do to make our waterways cleaner, healthier, and safer.

We understand our role in maintaining the special character of the Rakaia. It’s something we take seriously.

Last Friday we withdrew our application to the Environment Court to clarify our role in upholding the 1988 Rakaia Water Conservation Order (WCO).  

The original declaration, which was filed in February this year, put forward three statements that outlined our understanding of the extent of its role in enforcing the provisions of the WCO, and one statement on our understanding of how the WCO relates to water storage in Lake Coleridge.

Science Director Dr Tim Davie said that all parties involved in Court proceedings came to an agreement that the statements put to the Court were correct, and no longer wished to pursue a declaration regarding water storage, so there was no longer anything for the Court to decide.

“Given the agreement, it would be a waste of time and ratepayer money to continue the matter in Court, so we made the decision to withdraw the application,” Dr Davie said.” The court-facilitated process has confirmed our role, and there was no benefit in continuing with the declaration, so we think the withdrawal should have come as no surprise to the parties involved.”

Our role and commitment

Our role is to monitor consents and ensure that consent conditions are complied with.

Our consent planners take the WCO into account when processing consent applications, and we cannot issue consents that would allow water users to breach the terms of the WCO.

Where granted, consents come with conditions that ensure the WCO is upheld, and we work to ensure consent holders are compliant with these conditions.

Davie said that this is the process through which a regional council can give effect to the WCO.

“We are happy to get together regarding the Rakaia with the other parties if this can be done in a constructive manner,” Dr Davie said. “We are not interested in throwing stones via the media.”

“Many of our staff are passionate about the Rakaia and Waitaha’s braided rivers in general. We are not just scientists and bureaucrats – we’re also kayakers, anglers, photographers and all kinds of river users,” Dr Davie said.

“To hear it implied that we are trying to shirk our responsibility to protect the river is frustrating and disrespectful to many of us who are working hard to ensure this taonga retains its mauri for future generations.”