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 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) as the decision has potentially serious repercussions for the way freshwater improvements are achieved, both in Canterbury and across New Zealand.
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.