Click photo to enlarge
Bryan Jenkins
Environment Minister Nick Smith has until next Friday to
decide whether to call in resource consent applications of two
companies with controversial plans to establish new dairy farms
in the Omarama and Ohau area.
The proposals from the three companies involve establishing
16 dairy farms with up to 17,850 cows housed in cubicle
stalls.
• Labour points to wide issues
In a letter to Dr Smith, Environment Canterbury chief
executive Dr Bryan Jenkins said any decision relating to the
"call-in" of applications by Five Rivers Ltd and Southdown
Holdings Ltd had to be made by January 15 and for Williamson
Holdings Ltd, by January 22.
Under the Resource Management Act, the Government can "call
in" consent applications if it considers them of national
importance and refer them to a board of inquiry or the
Environment Court for a decision.
Yesterday, duty minister Pansy Wong said she understood Dr
Smith received Dr Jenkins' letter late last year and he was
"currently considering the issue".
Dr Jenkins wrote to Dr Smith on December 23 to "address
issues" which had arisen as a consequence of the
applications.
More than 3000 submissions were lodged in relation to the
Five Rivers and Southdown Holdings applications.
Submissions on the two companies' applications closed last
month, while for Williamson Holdings the closing date is next
Friday.
In the letter, Dr Jenkins said the submissions had not yet
been analysed in detail.
A sample of about 10% suggested about 75% of the total raised
issues relating to animal welfare.
He had sought legal advice as to whether issues relevant to
animal welfare could be considered and assessed in the
context of the consent applications lodged with regional
councils.
The advice he received was that the effects which were
relevant and therefore had to be assessed were those which
related to the activity for which consent was sought.
Therefore, the effect of "factory dairy farming" on the
welfare of the cattle was not relevant, given the application
was for a discharge permit and animal welfare issues were
more appropriately addressed via the Animal Welfare Act.
Dr Jenkins had been advised a stronger argument lay in
ascertaining whether any activity might have a detrimental
effect on New Zealand's image internationally, which might be
seen to fall within the scope of the definition of "effect"
under the Resource Management Act.
The advice he received, however, was that any such effects
would again be associated with a land-use activity rather
than with the terms of any discharge or earthworks (in
riverbeds) permits, which have to be processed by a regional
council.
"In other words, it is unlikely that any regional council as
a consent authority can place significant weight on this
issue," he said.
Given his advice that the matter of animal welfare could not
be the subject of a ministerial call-in, Dr Jenkins wanted to
know if the ministry shared the same view as to the legal
terms governing the situation.
sally.rae@odt.co.nz
