Kia ora Barbara

Local Government Official Information and Meetings Act 1987 (LGOIMA): Request for information

I refer to your email sent 28/7/25, received 29/7/25.

As you might be aware, LGOIMA applies to all requests for information that we receive.  We are able to respond immediately to some requests, but in instances where we need to collate information we do so and respond in accordance with our specified process.

Under LGOIMA, Environment Canterbury has 20 working days to respond to your request. Your request has been passed to the person(s) responsible for responding and you will be contacted as soon as possible but no later than 26/8/25.

Your LGOIMA reference number is 3178C

Ngā mihi
Environment Canterbury

-----Original Message-----
From: Barbara <[FOI #31795 email]>
Sent: Monday, 28 July 2025 9:18 pm
To: LGOIMA <[ECAN request email]>
Subject: Official Information request - Clarification Requested Regarding Granting of Water Take Consents in Over-Allocated Zones

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Dear Canterbury Regional Council,

Kia ora,

I am seeking clarification on how Environment Canterbury is interpreting and applying the Canterbury Land and Water Regional Plan, particularly with respect to the status of water takes in the Selwyn Te Waihora sub-region.

Relevant Provisions from the Canterbury Land and Water Regional Plan:

Rule 11.5.33 states:
The taking and using of surface water from a river, lake or wetland or groundwater within the Selwyn Te Waihora sub-region, including all areas within the Little Rakaia Combined Surface and Groundwater Allocation Zone, is a restricted discretionary activity, provided the following conditions are met:
1. The proposed take, in combination with all existing resource consented takes, does not result in any exceedance of any of the allocation limits in Tables 11(e), 11(f), and 11(g).

Rule 11.5.37 further clarifies:
The taking and use of surface water or groundwater in these zones that does not meet Conditions 1, 2, 3, or 5 of Rule 11.5.33 is a prohibited activity.

This seems unambiguous; where allocation limits have already been exceeded, any new water take should be classified as prohibited and therefore not consent-able under the Canterbury Land and Water Regional Plan.

Interpretation of Rules and Legal Status Section 2.3 of the Canterbury Land and Water Regional Plan (“How the Plan Works”) states that:
• The rules have the force and effect of regulations, meaning they are legally binding.
• An activity needs to comply with all relevant rules in the Plan, unless the rule itself states otherwise.
• Activities classified as prohibited are “not appropriate in any circumstance,” and no resource consent application may be made for such an activity.

Policy 11.4.24 Prohibit the allocation of surface or groundwater which may either singularly or cumulatively result in the allocation limits within Tables 11(e), 11(f) or 11(g) being exceeded

Further, under the Resource Management Act 1991:
84 Local authorities to observe their own policy statements and plans
(1) While a policy statement or a plan is operative, the regional council or territorial authority concerned, and every consent authority, shall observe and, to the extent of its authority, enforce the observance of the policy statement or plan.
(2) No purported grant of a resource consent, and no waiver or sufferance or departure from a policy statement or plan, whether written or otherwise, shall, unless authorised by this Act, have effect in so far as it is contrary to subsection (1).

Questions
1. Why is Environment Canterbury granting consents for water takes in zones where the plan classifies such activities as prohibited due to exceeded allocation limits?
2. How many such consents have been granted in over-allocated zones?
3. What is the legal status of those consents?
4. Has ECan obtained legal advice to support the granting of such consents, and if so, is that advice available for public scrutiny?

These questions are raised to better understand how ECan is interpreting its obligations under the RMA, particularly in the face of ongoing community concern around over-allocation and water resource sustainability.

I would appreciate a detailed response.

Yours faithfully,

Barbara

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