Council admits it erred

The Waitaki District Council has admitted it erred in not asking for public input into consent applications for controversial cubicle dairying proposals.

In a High Court memorandum released yesterday, the council agreed that it "lacked authority" in issuing certificates of compliance and land use and earthmoving consents for three companies – Southdown Holdings, Five Rivers and Williams Holdings – which collectively wanted to farm more than 17,000 cows over 8000 hectares housed in cubicle sheds for more than nine months of the year.

The Environmental Defence Society (EDS) lodged a High Court appeal against the council earlier this year, alleging it had failed to follow due process.

The EDS expressed concerns over the proposals' impact on the area's "fragile" ecology, but these could not be raised in the appeal.

In granting the consents, the council had argued that the projects' environmental effects – which include more than 100 hectares of earthworks – would be "less than minor".

EDS chairman Gary Taylor said the memorandum meant the consent applications would be effectively quashed.

"The fact it did not even reach a High Court hearing meant the district council knew they were wrong," he said.

"But what it shows is the severely poor and incoherent planning in the Mackenzie and Upper Waitaki Basin at the moment."

The companies withdrew their effluent consent applications after Environment Canterbury received more than 4000 submissions against them, forcing Environment Minister Nick Smith to "call them in". The proposals received a large public outcry, with Green Party co-leader Russel Norman blasting them as "factory farming" and of massive potential damage to the environment. The companies have since signalled their intention not to house the cows in cubicles, instead looking at methods such as mixed farms with a dairy herd, a sheep and beef operation and some pasture.

Waitaki mayor Alex Familton said the council had caught up with its processes since the incident that led to the "wrong council officer" making the decision on the applications.

He would not comment on whether the same decision not to publicly notify the proposals would have occurred if the right officer had been in charge.

Mr Taylor said the decision showed the need for ECan and the Mackenzie and Waitaki District Councils to put together a proper strategy for protecting the Upper Waitaki and Mackenzie Basins.

"The very fact the decisions were delegated without the authority makes you wonder whether there have been other occasions when the Waitaki District Council hasn't followed their own plans. This really opens up a can of worms."

An ECan-appointed independent panel is due to make a decision on the three companies' water consent application.

- © Fairfax NZ News