Photo: RNZ / Nate McKinnon
The High Court has ruled Canterbury's regional council erred when it allowed farms to discharge nitrates and other pollution without resource consents, but stopped short of ordering it to change the rule.
The decision comes as the region grapples with increasing levels of nitrate in its waterways, and the effects on human and environmental health.
The Environmental Law Initiative (ELI) asked the court to quash a regional plan rule which allowed some discharges from farming - such as nitrates and phosphorus - to be classed as permitted activities (not requiring resource consents) but the judge found too much had time had passed since the plan went into force.
The judgement, released on Monday, confirmed the council's rule making fell short of the law and went to the heart of Canterbury's current nitrate crisis, ELI research and legal director Dr Matt Hall said.
Photo: Pool / NZ Herald / George Heard
Council's rule making found lacking
Justice Mander found the regional council, Environment Canterbury, failed to properly consider and apply sectio
Continue Reading on RNZ
This preview shows approximately 15% of the article. Read the full story on the publisher's website to support quality journalism.