The Queenstown Lakes District Council yesterday asked the Otago Regional Council for its application to discharge to the river to be heard by the court rather than at an ORC hearing, saying it would help to have a decision by a "neutral arbiter".
Last month, the district council submitted a request to the regional council for the discharge to be consented. A QLDC spokesman said it was a "relatively normal procedure" to ask for the decision to be made by the Environment Court instead.
Direct referral of the application to the court carried multiple benefits, including cost-effective efficiency leading to faster decision-making.
The court was also able to do useful things not possible in a council hearing, such as cross-examine people, the spokesman said.
ORC consents manager Alexandra King said the regional council would consider the request and would advise the outcome "in due course".
The QLDC is already discharging the treated wastewater directly to the river due to the failure of a disposal field, which first opened in 2019.
The disposal field was built to drain already-treated wastewater through a layer of gravel before it entered the Shotover.
Before 2019, the treated wastewater went directly into the Shotover.
Because of the field’s failure, discharge to the river has been happening again — under emergency powers — since March 31, leading to the district council’s retrospective request for permission to do so.
The QLDC has stressed that most of the discharged wastewater has been through its modern treatment plant, with the minority treated through a ponds system.
A short list of options for a new disposal method for the treated wastewater are being considered.
QLDC property and infrastructure general manager Tony Avery said that given the nature of the consent sought and its relation to the highly valued river, the council believed direct referral to the Environment Court would provide "the most efficient and robust approach to the situation".
"Shotover River is a significant natural resource and comes with considerable cultural and community values. As such, we believe it is beneficial for the evaluation of and decision on council’s application to be made in an experienced and well-resourced court."
The regional council would still be required to provide an assessment of the application and a report, including a summary of public submissions, before the matter is heard by the court.
