The Shotover River where Queenstown Lakes District Council discharged 12,000 cubic metres of treated wastewater in March. Photo: Supplied / Queenstown Lakes District Council
The Queenstown Lakes District Council wants its retrospective application to discharge treated effluent to Shotover River to go directly to the Environment Court.
In late March, the council enacted emergency powers under the Resource Management Act to pump at least 12,000 cubic metres of treated wastewater into the river each day from the Shotover Wastewater Treatment Plant after its disposal field failed.
The council submitted a retrospective resource consent to the Otago Regional Council in May and asked for it to be publicly notified.
The Queenstown Lakes District Council has now applied to the regional council to directly refer its resource consent to the Environment Court.
District council property and infrastructure general manager Tony Avery said it believed that this would provide the most efficient and robust approach given the nature of the consent.
"Shotover River is a significant natural resource and comes with considerable cultural and community values.
"As such, we believe it is beneficial for the evaluation of and decision on council's application to be made in an experienced and well-resourced court," Avery said.
If approved, it would mean the regional council would no longer be the decision-maker in the first instance - the Environment Court would.
Earlier this year, the regional council took the district council to Environment Court over repeated resource consent breaches at the plant.
It resulted in the [. http://rnz.co.nz/news/national/563664/queenstown-lakes-district-council-must-fix-issues-with-shotover-wastewater-plant-court district council being ordered to pay at least $235,000] in costs and fix the issues at the plant
The Queenstown Lakes District Council said that meant the Environment Court was already well acquainted with the matter and "would help to provide an efficient and comprehensive decision from a neutral arbiter".
Public notification, submission timeframes and assessing the application would still fall under the regional council's jurisdiction, and it would still need to provide that assessment and a report before the matter was heard by the court.
The district council said the Environment Court would be able to properly test evidence to assist decision makers.
"Referring the matter to the Environment Court would result in a faster decision, ensure access to the necessary resourcing in a cost-effective way, and provide a simple process that the public can engage with and take part in if they wish to," the district council said.
"Rights of appeal would remain intact."
If the regional council declined the request, it would stay as the decision maker and a council hearing would be held.
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