Environment Canterbury is refunding the Hekeao Hinds Water Enhancement Trust about $64,000 for not meeting statutory timeframes in handling its resource consents.
The regional council confirmed a 50% discount has been applied to the processing fees for the Rangitata Diversion Race Management Limited (RDRML) and Hekeao Hinds Water Enhancement Trust’s (HHWET) consents to expand the water rehabilitation project.
The consents, initially lodged in 2022, are to source water from the Rangitata Diversion Race to operate water aquifer and recharge sites at 37 locations, 15 existing and 22 new sites.
Independent commissioners granted the consents on April 30, but Te Rūnanga O Arowhenua, which had opposed the consent application, appealed to the Environment Court on May 21.
Environment Canterbury (ECan) regulatory implementation manager Paul Hulse said they are required to automatically apply a discount to consent processing fees if they exceed statutory timeframes.
The discount is 1% of the processing fees for each working day the application is delayed, up to a maximum of 50%.
“The discount is applied at the time of the final invoice being issued, and whether there’s a refund made or just a lower invoice issued depends on the amount the applicant paid during the processing of their consents.”
In the case of Hekeao Hinds Water Enhancement Trust’s consents, the total consents processing fee was $337,846.
“Given the amount already paid by the Trust to date, and then the discount applied, a refund of $64,301.63 will be made.”
There have been other applications that ECan had to give a discount on the processing fees, Hulse said.
“Since addressing our [consent] backlog, our statutory timeframes have significantly improved over the last year and currently sit at around 80%. This means fewer refunds have been required.”
HHWET’s consent issues and costs were raised at a recent public meeting in late July in Hinds, with around 50 locals and four ECan staff attending.
Trust executive director Brett Painter said that since the meeting, HHWET had received a letter from ECan responding to some of the questions raised at the meeting, including details on the consent refund.
Painter said the meeting provided a comprehensive update on the HHWET’s activities in the 2024–25 year and its proposed next steps.
“Despite ongoing delays stemming from our current consenting process, the update was largely positive,” Painter said.
“The Trust’s environmental initiatives have contributed to the best water quality results to date in groundwater and surface water bodies that HHWET is able to influence.
“These achievements support the community’s long-standing commitment to improving ecosystem health.”
However, catchment-wide groundwater nitrate concentrations have risen in the last year, due to higher rainfall and consenting challenges restricting MAR and NRR operations, he said.
“The attendees recognised the importance of continuing on-farm efforts to reduce nutrient leaching contributions to groundwater nitrate concentrations.”
The meeting also addressed the appeal lodged by Te Rūnanga O Arowhenua against the independent commissioners’ decision to grant resource consents to expand the rehabilitation sites and utilise water from the Rangitata Diversion Race.
“This appeal, now before the Environment Court, will cause further delay in expansion of HHWET activities and unnecessary financial burden, in addition to the $520,000 already spent on this consenting process to date.”
HHWET funds put aside for delivering water to new sites will be reallocated to the appeal costs, Painter said.
“This extra cost and further delay present a significant missed opportunity for improved environmental outcomes across the Hekeao Hinds Plains.
“Meeting attendees voiced strong concerns about the actions of ECan staff during the early stages of the consenting process, which have contributed to delays to date.
He said the community showed “overwhelming support for HHWET’s continued efforts”.
“There was a clear mandate to robustly defend the appeal.”
“HHWET remains committed to its goals and will continue to work collaboratively with stakeholders to ensure the long-term health of Hekeao Hinds water systems,” Painter said.
Independent commissioners granted the resource consents on April 30.
In approving the consent decision, the independent panel stated that the consent applications were only about what RDRML’s existing allocation could be used for.
Te Rūnanga o Arowhenua argue that the panel got that aspect of the decision, and some other factors, wrong.
They are seeking to have the decision overturned and the consents declined.
The matter is now before the Environment Court.
By Jonathan Leask
