Request Made For Retrospective Consent Regarding Wastewater Discharge To Go Before Environment Court
Queenstown Lakes District Council (QLDC) has applied to the Otago Regional Council (ORC) to have its resource consent application to discharge treated wastewater to Shotover River be directly referred to the Environment Court, in accordance with s87D of the Resource Management Act (RMA) 1991.
QLDC already asked for public notification of the resource consent application when it was first submitted to Otago Regional Council (ORC) on Thursday 1 May 2025, which means the public will have an opportunity to make submissions on the application if they wish to do so.
QLDC General Manager Property & Infrastructure, Tony Avery said that given the nature of the consent sought and its relation to the highly valued Kimi-ākau Shotover River, QLDC 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,' said Mr Avery.
'If approved, the request would mean ORC would no longer be the first instance decision-maker on the application, as the Environment Court would take that role. The usual process, including public notification, submissions timeframes, and assessment of the application would still be under ORC's jurisdiction.
The Environment Court would follow a process that would fully uphold public participation principles, which would include the right of submitters to appear, be heard, and be parties to Court assisted mediation, which is free of charge to all participants.
An important benefit of the direct referral process is that the Court can properly test evidence in a manner like cross examination which is not available under the protocols of a Council hearing, assisting the decision-maker to fully evaluate expert evidence.
Furthermore, referring the matter to the Environment Court would result in a faster decision, ensure access to the necessary resourcing in a cost-effective way, and provide a simple process that the public can engage with and take part in if they wish to. Rights of appeal would remain intact.
Ultimately, direct referral of the application would help to provide an efficient and comprehensive decision from a neutral arbiter already well acquainted with the matter through enforcement order proceedings lodged by Otago Regional Council (ORC).
QLDC's formal request for direct referral of the resource consent application now sits with ORC to approve or decline.
ORC will still be required to provide an assessment of the application and a report, which will include a summary of public submissions, before the matter is heard by the Court. If ORC declines the request, ORC would remain the decision-maker in the first instance, and a Council hearing would be held.
The resource consent application to discharge treated effluent to Shotover River was submitted to ORC on Thursday 1 May 2025 and seeks retrospective consent for the discharge that commenced on 31 March 2025 under emergency powers, in accordance with s330 of the RMA.
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