Two independent commissioners yesterday reserved their decision over an effluent-related nitrogen consent application involving three farms near the Kakanui River.
The application is notable in several ways, including that it is the first to be made under Otago's new 6A water plan change, which takes effect in 2020.
Independent commissioners Dr Brent Cowie and Andrew Fenemor reserved their decision after a two-day hearing in Dunedin.
And a further written submission will be made on behalf of the applicant, Borst Holdings Ltd, which operates three farms near the Kakanui River, in North Otago.
Tim Vial, principal planner at Kai Tahu ki Otago Ltd, warned in a submission yesterday that granting a nitrogen leaching resource consent for the three farms could raise ‘‘equity'' issues.
Giving evidence for the Moeraki tribal council, Mr Vial said the application was also ‘‘inconsistent'' with a national water management policy statement.
Borst Holdings Ltd has applied to the Otago Regional Council, under the water plan, to exceed permitted nitrogen leaching limits over the farms.
Discharging nitrogen to land through dairy effluent is a permitted activity on the farms until April 1, 2020.
After that, nitrogen losses in the nitrogen-sensitive Kakanui-Kauru aquifer area, where the farms are located, must not exceed 20kg of nitrogen a hectare a year to retain permitted activity status.
Borst Holdings Ltd does not expect it will be able to reach the required lower nitrogen-loss level by 2020 and seeks a consent to cover higher levels of nitrogen loss over a 15-year period, starting in 2020.
Maree Baker-Galloway, of Queenstown, appeared for Te Runanga o Moeraki and Te Runanga o Ngai Tahu, the Moeraki and Ngai Tahu tribal councils, during the hearing.
Bridget Irving appeared for the applicant, Borst Holdings Ltd, and said farmer Robert Borst had already been working hard to reduce nitrogen leaching.
Mr Vial said if the application was granted it could transfer costs from the Borst Holdings farms ‘‘to other farmers in the catchment, the wider public'' and the Moeraki tribal council, through ‘‘reduced environmental outcomes''.
He noted the national policy statement for freshwater management required council to establish freshwater objectives, and set water quality limits.
Plan Change 6A gave effect to the national statement, and he believed the Borst application was ‘‘inconsistent with this policy''.
The current application did not ‘‘recognise and provide for'' the relationships of the Moeraki tribal council with the Kakanui River and estuary.
He was concerned that granting the consents, subject to the conditions currently proposed, ‘‘would challenge the integrity of this water quality framework'' before it took effect in 2020.
