ECan’s water fix in doubt amid Government changes

Deon Swiggs and Craig Pauling. Photo: David Hill / North Canterbury News
Deon Swiggs and Craig Pauling. Photo: David Hill / North Canterbury News
Efforts to fix a stormwater consenting impasse in Canterbury could be thwarted by impending changes to Government legislation.

Environment Canterbury (ECan) had planned to notify changes to Canterbury Land and Water Regional Plan before the end of the year to resolve issues arising from a Supreme Court ruling last year.

But a new directive from the Government last week prevents councils from enacting a new water plan until a new National Policy Statement (NPS) on freshwater has been developed.

The council also planned to notify its new Canterbury regional policy statement (RPS) in December.

‘‘We don’t know what it means for us,’’ chairperson Craig Pauling said.

‘‘Our staff are looking at the options and seeking advice and will present a report to the council.’’

He said the latest directive applies to land and water and freshwater plans, so it did not apply directly to the RPS.

But it could make a new policy unworkable if the council was unable to include new freshwater clauses.

‘‘We could just decide to notify it (the RPS) and then the hearing commissioners will have to decide what changes are lawful,’’ Councillor Pauling said.

‘‘But that could leave us with a document which is unworkable.’’

Deputy chairperson Deon Swiggs said the RPS set a blueprint for the Canterbury region and included regional transport, air quality, natural hazards, the coastal environment and the Greater Christchurch Spatial.

ECan has been consulting with key stakeholders on changes to the Canterbury Land and Water Regional Plan, before notifying the changes.

The draft plan change addresses changes to the take and use of water, wetland construction and agricultural intensification.

The council was forced to address water take and use rules after the Supreme Court ruled last year it had not been issuing lawful changes to consents.

The decision meant there was no mechanism for ECan to issue new consents for the ongoing take of groundwater by stormwater basins, if the aquifer is fully or over-allocated.

Proposed changes sought to address this by introducing rules to enable consents for the interception of groundwater where it was required for critical infrastructure.

Cr Pauling said the engagement last year had found some issues with the proposed plan change, so notification may need to be delayed until next year.

The council has received several calls from local councils and farming groups to slow down, with the Government signalling changes to freshwater rules.

The existing RPS was adopted in 2013 and needs to be reviewed every 10 years.

The council began the review process last year and there has already been two rounds of public engagement.

Freshwater management features in the draft RPS, which proposes the creation of 13 freshwater management units based around catchments and collectives of catchments.

These may replace the 10 water zone committees, which are based around district council boundaries.

By David Hill, Local Democracy Reporter

■ LDR is local body journalism co-funded by RNZ and NZ On Air.