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In a decision released today (28 March 2023) by an independent panel of commissions appointed by the Hawkes Bay Regional Council, a joint application by eight predominantly intensive dairy farms to take 15 million m3 of ‘Tranche 2’ water from the Ruataniwha aquifer has been declined.
Read the report in the Hawkes Bay Today online edition (28/3/2023) by journalist, James Pocock, (includes comment from Wise Water Use):
To view the 8 applicants and the water volumes each had applied for go to this HB Regional Council link and scroll down. Scroll further down to the bottom of the page to find a PdF version of the decision by clicking on the link '1.-Decision’.
The commissioners gave 2 primary reasons for their decision:
The proposed water extraction would be in breach of the first priority under Te Mana o Te Wai, namely to protect the health and well-being of freshwater; and
The likely adverse effects to the environment from taking this volume of water would not be able to be balanced with mitigating plans such as returning water to the river.
Read Wise Water Use’s Press Statement below:
PRESS STATEMENT
Tuesday 28 February 2023
The Wise Water Use environmental group applaud the decision of the Regional Council-appointed hearing panel to decline the application by 8 farms to extract a further 15 million m3 water from the Ruataniwha aquifer (‘Tranche 2’ water)
“This decision is a game-changer for the way we think about allocating and using our local water resources. No longer do economic considerations trump the health of our freshwater resource and communities”, says spokesperson Dr Trevor Le Lievre.
The decision to decline was made with reference to the decision-makers’ obligations under the National Policy Statement for Freshwater Management 2020, and specifically cites Principle (d) of Te Mana o Te Wai:
‘the responsibility of those with authority for making decisions about freshwater is to do so in a way that priorities the health and well-being of freshwater, now and into the future’.
“With climate change bearing down on us we need new ways of thinking about how we manage our natural resources. The era of allocating water based on first-in-first-served, with the lion’s share going to the enterprises having the greatest resources to navigate the consent process, is now thankfully behind us.
The decision panel also cited their doubts as to whether the adverse effects of taking Tranche 2 water on the environment could be avoided or mitigated.
“Thankfully, the report busts the myth that more and more water can be taken from our aquifer, and the adverse effects on our rivers can be mitigated by augmentation. The example of taking water from a bore near the river and then replenishing that same river is described as a folly. Wise Water Use say this is simply robbing Peter to pay Paul, and recommend we don’t steal from our aquifer in the first place.
“The decision panel also cite the fact that nitrate-N levels in several test wells in the Ruataniwha Basin exceed Aotearoa/New Zealand drinking water standards. This has long been a major concern of Wise Water Use supporters, with scientific evidence now linking colorectal cancer and other serious health issues to nitrate levels well below those being recorded in our local wells.
“Unfortunately, the report does not address the elephant in the room – when the panel refer to the danger of nitrogen leaching into groundwater ‘as a result of land use’ they are implicitly referring to the fact that the 8 Tranche 2 applicants are predominantly large-scale dairy farms.
“Here in Central Hawkes Bay 10 water users, predominantly dairy intensive operations, have consents to take 59% of our allocated groundwater. One of the Tranche 2 applicants, Plantation Road Dairies, has rights to take more water than the whole township of Waipukurau, and they’re still asking for more!
“We now need to turn to addressing the legacy issue of over allocation from the Ruataniwha aquifer. The report cites a clear way forward; our Regional Council are able to review and claw back consents if their effects are determined to be more severe than portrayed in the consent-holder’s original Assessment of Environmental Effects. With the environmental knowledge we now have and the overriding priority now given to freshwater health under Te Mana o Te Wai, Regional Council should undertake an urgent review and reallocation of consents based on most sustainable land use.
For comment contact: Dr Trevor Le Lievre contact@wisewateruse.org.nz
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