Cubicle dairy farms' fate may lie with Govt

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The fate of controversial Mackenzie Basin dairy farms with cubicles for up to 18,000 cows could end up in the Government's hands.

Environment Canterbury (ECan) has written to the Government asking it whether "calling in" the applications might be possible, given their potential national impact.

The Government will need to act quickly if it is to follow ECan's advice, with a decision on two call-ins needed by January 15 and a ruling on the third needed a week later.

Call-ins enable the Government to make a decision, bypassing the lengthy Environment Court process.

A Government spokesman said yesterday that Environment Minister Nick Smith had not yet seen the December 23 letter, written to Smith by ECan chief executive Bryan Jenkins.

The three-page letter has come to light by chance, although technically it is in the public arena.

Christchurch Central MP Brendon Burns, Labour's water spokesman, came across it on Tuesday on a visit to ECan to inspect the file of submissions on the consent applications.

Three companies – Southdown Holdings, Five Rivers and Williamson Holdings – want to build 16 dairy farms where cows would live in "cubicle" stables most of the time.

Opponents, including the Green Party, say the plan will tarnish New Zealand's environmental reputation.

Prime Minister John Key has told Parliament that the Government has sought urgent advice on factory dairy farming.

Under the plans, cows will be confined in cubicle stables 24 hours a day from March to October, and allowed outside for 12 hours a day from November to February.

ECan has received more than 3000 submissions from around the world on two of the companies' consent applications to store and discharge effluent, excavate land and discharge contaminants to air.

Submissions close on the Williamson Holdings application on January 15.

In the letter to Smith, Jenkins said the submissions had not yet been analysed in detail.

A sample of about 10 per cent showed three-quarters raised issues relating to animal welfare.

Jenkins said that as a result of media and public discussion outside the hearings process, he had sought legal advice on whether animal welfare issues could be considered by the council's commissioners.

"The advice we have received is that the effect of factory dairy farming on the welfare of the dairy cattle is not an `effect' of the activity when the application is for a discharge permit," he said.

"Issues in terms of animal welfare are more appropriately addressed via the Animal Welfare Act 1999."

The potential effect on the country's overseas image could fall within the definition of "effect" in the Resource Management Act, but it was "unlikely any regional council as a consent authority can place significant weight on this issue".

Jenkins said his advice was that animal welfare could not be grounds for a call-in, which would bypass the Environment Court, but he wanted to know if the Ministry for the Environment shared that view.

- © Fairfax NZ News