'Wake-up' from High Court

A High Court decision which quashes resource consents and compliance certificates for 16 proposed dairy farms in the Omarama and Ohau areas is "a big wake-up call" for the Waitaki District Council and other local authorities, Waitaki First said yesterday.

The decision showed local authorities had to make sure they rigorously followed due process, Waitaki First chairwoman Helen Brookes said.

Five Rivers Ltd, Southdown Holdings Ltd and Williamson Holdings Ltd were issued land use consents and building certificates in September and October last year for the dairy farms covering 8555ha with up to 17,850 cows.

Court orders signed by all parties recognised the council's decision not to notify the consent applications was invalid and of no effect, and that the decisions to grant certificates of compliance and resource consents were also invalid, which effectively, means the three companies and the council will have to start the process again.

A council officer without delegated authority approved the consents and certificates, making them invalid.

Dr Brookes yesterday applauded the Environmental Defence Society (EDS) which took the High Court action that led to the consents and certificates being ruled invalid.

"The rest of New Zealand should applaud that as well," she said.

Waitaki First had been involved in discussions with the EDS over the court action and submissions opposing development of the dairy farms.

Dr Brookes said Waitaki First had put considerable resources into opposing the dairy farms at a resource consent hearing that was considering water applications for water from the three companies.

"We appreciated the assistance it [EDS] was able to provide us," she said.

It was now timely for the Waitaki council to review its delegated authority register.

The decision by the council to issue consents and certificates would have led to major changes in the Omarama and Ohau areas without any public input, she said.

- david.bruce@odt.co.nz