Lindis Catchment Group Inc v Otago Regional Council

COURT OR TRIBUNAL

Environment Court of New Zealand

DATE FILED (OR FIRST HEARING DATE)

23/09/2016

LITIGATION TYPE

Project Approval - Adaptation

SUBJECT MATTER

Water

REVIEW TYPE

Merits review

SUMMARY

(Excerpt from judgment)

[1] This proceeding raises general questions which are likely to arise frequently over the next decade: first "when is water in a river over-allocated?" and second, depending on the answer to the previous question, "if the water in a river and connected groundwater is over-allocated, how should a regional council go about reducing the allocation of water takes (for uses such as irrigation)?".

[2] These questions arise in two proceedings relating to the water of the Lindis River in northern Otago. This decision resolves the first proceeding which is about a change to the regional water plan managing the Lindis River by setting a minimum flow 5 and "primary allocation" of water; the other proceeding (ENV-2018-CHC-155) is an application for a suite of water permits to take water from the river. That application is a direct referral under section 87G of the Resource Management Act 1991 ("the RMA" or "the Act") for which a separate interim decision ("the WPs decision") will be issued in the next few weeks.

(Excerpt from judgment)

[1] By application dated 15 November 2017 the Lindis Catchment Group Incorporated ("LCG") applied for a suite of water permits to take water from the Lindis River or its connected aquifers and for some other water related resource consents. The application was made to the Otago Regional Council ("ORC") with a request that the application be referred directly to the Environment Court under section 87G of the Resource Management Act 1991 ("the RMA" or "the Act").

CASE DOCUMENTS

Lindis Catchment Group Inc v Otago Regional Council [2019] NZEnvC 166
Lindis Catchment Group inc v Otago Regional Council [2019] NZEnvC 179