The Waitaki District Council has admitted it made an error
when it issued resource consents and certificates of
compliance for three companies to develop 16 dairy farms in
the Omarama and Ohau areas.
Acting chief executive Thunes Cloete yesterday said a High
Court defence of the council's decision in September and
October last year would have been "lengthy, costly with a low
chance of success".
The Environmental Defence Society (EDS) took the council to
court after it issued land use consents and building
certificates of compliance to Southdown Holdings Ltd,
Williamson Holdings Ltd and Five Rivers Ltd for the dairy
farms without public notification, which would have allowed
public submissions.
It was then discovered those consents and certificates had
been signed off by a council officer who did not have the
delegated authority to do that, effectively making them
invalid.
Dr Cloete said the council, as a responsible public
authority, decided the most appropriate course of action was
to indicate it would not defend its decisions.
The High Court was notified of the council's position on June
18, leading to a court decision this week.
"An internal review by council revealed a technical error in
delegations to officers," he said.
The council was "likely to have serious difficulties" in
upholding the decisions being challenged by EDS.
"To have continued to defend the litigation would have led to
significant costs, delays and stress," he said.
The issue was discussed fully with the applicants as soon as
the council became aware of the issue in late February and
early March.
EDS was made aware of the issue more recently.
Council's delegations had since been corrected.
Dr Cloete said previous resource consent decisions were
valid.
"Decisions on resource consents are always subject to
challenge and in this case we did not have the correct
administrative procedures in place," he said.
Councillor Struan Munro, chairman of the council's hearings
committee, noted decisions on landscape protection for areas
of the Omarama and Ohau basins were due soon.
They would show significant areas needing protection, while
allowing development of less sensitive parts.
- david.bruce@odt.co.nz
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