
20 August 2025
Barbara
By email: [FYI request #31795 email]
Dear Barbara,
Local Government Official Information and Meetings Act 1987 (“LGOIMA”):
Request for Information
I refer to your request dated 28/07/2025 requesting answers to the below questions.
Your request has been referred to me to reply.
Please see our answers to your request set out below.
You are 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.
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?
The rules relevant to activities for water takes in the Selwyn Te Waihora sub-regional
area (Chapter 11 of the Canterbury Land and Water Regional Plan “CLWRP”) are rule
11.5.33 – 11.5.37, as those rules prevail over the Regional rules for water takes.
The starting rule is 11.5.33. Activities are required to comply with (among other
conditions) condition 1 or 2 of that rule to not be considered as prohibited activities
under Rule 11.5.37.
If a water take is a completely new activity (i.e. not one replacing an existing resource
consent), then condition 2 cannot apply.
This means that new activities that are not renewals of existing activities cannot meet
condition 1 or 2 of the rule and are prohibited. We have not granted any consents like
this.
We have granted several consents where the applications were for renewals of existing
activities and were therefore able to meet condition 2 of Rule 11.5.33.
2. How many such consents have been granted in over-allocated zones?
We have not granted consents for prohibited activities under Rule 11.5.37 – under the
RMA a consent cannot be granted for a prohibited activity in an operative plan. We
have granted 114 resource consents under Rule 11.5.33, where the activities met the
conditions of that rule, and 42 Consents under 11.5.36 where a condition other than
condition 1 or 2 (i.e. 4,6,7,8) of rule 11.5.33 has not been met.
File Number: GOVE/INQU/OMBU/3178C
3. What is the legal status of those consents?
The consents we have granted are resource consents to take water that are held by
the consent holders. The consent holders can rely on those consents to take water,
subject to complying with the conditions.
4. Has ECan obtained legal advice to support the granting of such consents, and
if so, is that advice available for public scrutiny?
No legal advice has been sought. Therefore, we are refusing this part of your request,
under s17(g)(i) of the LGOIMA, because we do not hold the information and we do not
think it is held by another agency.
You wil be aware that if you are not satisfied with this response, you can refer this
matter to the Office of the Ombudsman under s27(3) of the LGOIMA.
Should you require any further information or clarification, please do not hesitate to
contact
[ECAN request email] in the first instance.
Yours sincerely,
Paul Hulse
General Manager Regulatory Implementation
File Number: GOVE/INQU/OMBU/3178C