Warning shot for One Plan
An Environment Court win by environmentalists validates concerns over Manawatu-whanganui’s One Plan that have gone on for years, says The Catalyst Group consultant Greg Carlyon.
Carlyon said the decision was a wake-up call for the regional council.
He was involved in the One Plan, on behalf of Horizons talking to farmers and community groups for at least 10 years before the One Plan became regulatory.
The One Plan was introduced in 2014 as the regional council’s set of rules and regulations for managing Manawatu-whanganui region’s land, air and freshwater. The plan was taken to the Environment Court by Fish and Game (Wellington) and the Environmental Defence Society (EDS).
Carlyon said the court found Horizons was not following its One Plan rules and there was an impact on water quality.
‘‘And why should nongovernment groups have to take Horizons to court over this? The regional council has a statutory obligation.’’
Catalyst’s Peter Taylor said farmers had been led up the garden path.
‘‘Some have spent millions of dollars and find the regional council has fudged things.’’
Carlyon said it was a ‘‘damning decision and Horizons should be concerned and change its practice’’.
Horizons manager of strategy and regulation Dr Nic Peet said Horizons had put on hold for 12 weeks some applications for consents.
‘‘Other consents for other activities (e.g. effluent management) are not affected. Existing intensive land use consents, those already issued, are not affected.
‘‘We are busy contacting farmers who had consent applications being considered by Horizons when the Court declaration came out. There are 46 of these.
‘‘I expect that most applicants will want to withdraw these until there is certainty about the implication of the court process. In this situation Horizons will refund the deposit made when the application has been lodged (about. $900). The work those farms have already done to understand their leaching rates for example will not be wasted.’’
Peet said Horizons monitored water quality across catchments both with automated stations and manual water sampling and he said in the Manawatu catchment, e-coli, nitrogen and phosphorus levels were all improving.
‘‘That is not to say that there isn’t more to do to further reduce nitrogen and other contaminant loads. That work is underway.’’
But Carlyon said farmers often indicated a larger nitrogen run-off and when cut 10 per cent, went on with business as usual.
He said EDS took the case along with Fish and Game, because there were national ramifications.
James Stewart Manawatu/ Rangitikei Federated Farmers president said farmers were deeply disappointed by the legal decision.
‘‘The problem is now farmers are despondent. Some have invested in infrastructure to meet the One Plan and others have bought land with the existing conditions in mind. Now there is a sense of the unknown.’’
Stewart said Horizons had worked hard to implement a One Plan that was workable and that did not put farmers out of business but improved water quality.
‘‘We really need farmers not to be discouraged by this decision. All farmers need to continue their vital work on environmental improvements.’’
Horizons could appeal the decision to the High Court.