Standard of Review if Lower Court Granted Summary Judgement
Water Rights War Brewing
Written By: - Engagement published: 3:30 pm, March 10th, 2021 - half-dozen comments
Categories: david parker, Environment, farming, farming, Nanaia Mahuta, uncategorized, water - Tags:
Minister Parker is firing an 18 inch gun round that he's set up to have on all with his call-in of the Otago water rights plan modify.
Because their plan had been outed past the Minister every bit crap, Otago Regional Council proposed a programme alter to the Regional Plan for water. Known as Plan Modify 7, the plan change proposes provisions to manage the replacement of deemed water permits (let's telephone call them 'mining privileges' because that'south what they are). Most of them expire this yr, and a few extras expire at the end of 2025. This Plan Change means no more than long term consents for new h2o permits.
Ok so you lot know what this ways. The entire dairy industry that has rushed in to Otago in the last decade with each pivot using about the same amount of water that Invercargill uses per twenty-four hour period – well, their costless lunch is under threat.
Otago Regional Quango are nearly as obstructive every bit Environment Canterbury when it comes to water rights and h2o regulation. Before the hearing, ORC planning manager Anita Dawe said the situation was complicated and that was why the matter was before the court. "ORC put our hand up and acknowledged that we could have done more, sooner." What she means is they are weak-assed fools who can't practise anything except what their elected members want, and are as well afraid to enforce what weak rules they take.
A previous Minister for the Environment Marianne Hobbs got onto the ORC and for a cursory moment she was chair and tried to make the staff see sense. She was promptly rolled by the elected farmers and they installed Andrew Noone. Her view is that "At that place is a group that comes together voting down that particular line of what that particular group of farmers wants. The trouble with the regional council is the community is defined in terms of very small communities of like-minded farmers."
This has been edifice for years and Minister Parker has been watching how utterly self-serving and vile these elected farmers are. Government minister Parker put it in black and white back to the ORC, knowing that in 2019 Brotherhood meatworks and ORC had an Environment Court sentence saying that ORC'southward Regional Policy Statement "tin barely be said to make whatsoever effort to manage h2o volumes in many Otago catchments (including the Lindis River) considering in nearly cases the main resource allotment of water for irrigation is simply set every bit the sum of all existing water takes granted in the catchment."
So 2 years ago the Minister commissioned a written report on the matter, and information technology institute, quoting from the Minister'due south alphabetic character back to the ORC: "… the Otago region does not have a fit for purpose planning framework in identify to accordingly manage applications for new water permits before i Oct 2021, when all deemed permits and a number of other water permits expire."
Before the last election I went to a public meeting with Parker nigh dairy pollution and water quality. Those local dairy farmers were outraged at the drone aerial shots of their practices being exposed, and shouted at him pretty difficult.
And so this is the kickoff of many showdowns we are going to see betwixt the government's own policy statements on h2o catchment allocation and subsequent water quality. Information technology's the big reveal almost unpaid environmental rent that dairy farmers in grossly unsuited land simply avoid because the h2o-rustlers and the sherriff are dammit near enough to the aforementioned people.
Parker comes from Otago and knows his RMA well and also knows his region well. There won't exist fourth dimension to get this to the Courtroom of Entreatment let alone the Supreme Court earlier expiration. It's down to this hearing.
The quandary for Minister Parker is: fifty-fifty if he wins and a new RPS is brought in, would the ORC have the will or capacity to enforce information technology?
Some of the reply to that may lie in Government minister Mahuta's water entity reforms – and for that we may see this regime simply run out of fourth dimension in its 2nd term given how ho-hum they are. Perchance they bite the bullet on making metering compulsory for Otago's farmers, together with compulsory and enforceable nitrate budgets.
But one battle at a time.
Federated Farmers, Alliance, Dairy NZ, Fonterra and all the other cardinal players volition be watching this first tactical boxing with loftier interest, because in that location are millions of dollars of free profit at pale. All the environmental groups – about of the effective ones are submitting – will be watching this last large battle before the RMA gets rebuilt. I'm backing Parker and the environment to win this i.
Source: https://thestandard.org.nz/water-rights-war-brewing/
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