A major legal battle over nitrogen pollution and freshwater protection is heading to the Court of Appeal, with a 10-year Canterbury farming consent covering 138,000 hectares under challenge.
The Environmental Law Initiative (ELI) is appealing a High Court decision involving a discharge consent granted by Environment Canterbury to MHV Water Ltd, with the appeal being heard on September 23 and 24.
The MHV irrigation scheme sits between the Hakatere/Ashburton and Rangitata rivers. The consent authorises nutrient discharges from farming activities on participating properties, where nitrogen can enter groundwater and ultimately affect rivers, streams and coastal ecosystems.
The High Court previously found Environment Canterbury had made a material error of law when granting the consent, breaching section 107 of the Resource Management Act as it applied at the time. However, the Court declined to overturn the consent following subsequent changes to the legislation.
ELI is now arguing the finding of unlawfulness should have consequences and wants the consent revisited.
The case comes amid wider concern about nitrate contamination in Canterbury. ELI says previous Environment Canterbury analysis estimated 62 percent of private drinking-water wells in the MHV area could have nitrate concentrations above the maximum acceptable value.
Beyond Canterbury, the appeal could also test what should happen when a court determines a resource consent was granted contrary to the law in force at the time, but that law has subsequently changed.
For communities relying on groundwater and freshwater ecosystems, the case puts the relationship between intensive agriculture, environmental regulation and long-term protection of wai back under the spotlight.
#Canterbury #NitratePollution #Freshwater #WaterQuality #Hakatere #Rangitata #EnvironmentCanterbury #MHVWater #EnvironmentalLawInitiative #ELI #ResourceManagementAct #RMA #DrinkingWater #TeTaiao #Wai #Kaitiakitanga #Aotearoa #WaateaNews #RadioWaatea
