Court decision sets up a big year for freshwater

By David Williams of

Photo: 123RF

Analysis: Canterbury is, once again, putting freshwater issues front and centre - not just for the province itself but arguably for the country, in an election year.

Three days before Christmas, the High Court found Canterbury's regional council, ECan, errantly included a rule in its regional plan permitting farm pollution, under certain circumstances.

But the Environmental Law Initiative, which took the judicial review, didn't get everything it wanted. The legal challenge was found to be barred by a section of the Resource Management Act, and Justice Cameron Mander said he wouldn't have quashed the rule anyway.

Before delving into the judgment let's consider the context in which it landed.

Over the past two years, the coalition government has prevented councils from bringing in greater protections under Labour's national policy statement to manage freshwater, ordered a review of that statement, changed the law to thwart court judgments, and foreshadowed a more permissive resource management regime, including for farmers.

There's also the axe hovering over regional councils, and the government's pre-Christmas announcement of a mega-ministry, merging environment, transport, housing and urban development, and Internal Affairs' local government functions.

It's reasonable to assume freshwater will be a hot topic in this year's election - partly, perhaps, because cow herds are expanding, including in areas already expe