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CODC joins QLDC in High Court appeal

The Central App

Aimee Wilson

07 May 2024, 5:30 PM

CODC joins QLDC in High Court appealDischarges of wastewater to land and water will be appealed in the high court by CODC and QLDC. PHOTO: File

Discharges of wastewater to land/water under the partially operative regional policy statement by the Otago Regional Council (ORC) will be appealed in the High Court by the two inland Otago councils.


The Queenstown Lakes District Council asked the Central Otago District Council (CODC) to join them in the appeal and an emergency executive committee meeting with councillors and the mayor was held yesterday to approve the decision.



Under new freshwater plan provisions, the policy framework for new wastewater discharges has shifted from ‘preferred’ that wastewater discharges be to land, rather than water - to now ‘requiring’ any new discharge to be to land rather than water.


Under the Resource Management Act, the national policy statement for freshwater management is at the top, followed by the regional policy statement, then regional plans, followed by district plans.



In a report from group manager - planning and infrastructure Louise van der Voort, it was outlined that the first priority of the national policy statement for freshwater management, was the health and wellbeing of the water body, followed by people’s health needs (such as drinking water), and finally other users. 


Regional 3 Waters director Julie Muir said it was not just about discharges to rivers, but also to land near the river, “which changes the bar considerably,” and they needed to be able to have open conversations about that.


Cr Tamah Alley said she didn’t think they could afford not to be involved with the appeal.



But, because the CODC didn’t appear before the panel, it first had to make an application for leave to appeal.


The report from council said the new regional policy statement narrows down the health needs of people, and may impact consenting wastewater treatment plant discharges and water allocation decisions for council water supplies.


Mayor Tim Cadogan said he would write to ORC chair Gretchen Robertson and inform her of the council’s decision, along with the three affected iwi.