Dear Canterbury Regional Council,

This is a duplicate request from 23 July, but I would like to response to come to FYI.org.nz

I am writing to seek clarification regarding Environment Canterbury’s approach to granting resource consents for water takes in catchments that, as I understand, have already exceeded the allocation limits set out in the Canterbury Land and Water Regional Plan.

Specifically, I have the following concerns and questions:

1.Non-complying activities
I have reviewed several notification reports from your website where it is stated:
"I note that this activity is classified as non-complying and therefore the decision maker has full discretion when considering the effects of the activity on the environment."
Could you please confirm:
*How many consents for non-complying activities have been granted in over-allocated catchments without public notification in the past five years?
*Were these decisions considered consistent with the Regional Plan’s intent and the RMA?

2.Notification obligations
My understanding is that under the RMA, where an application has or is likely to have adverse effects that are more than minor, it should be notified. Furthermore, the Canterbury Land and Water Regional Plan states that non-complying activities are generally inappropriate, and certain rules prohibit new water takes when limits are reached.
*How is the decision to not notify reconciled with the requirement to consider environmental effects and community involvement in over-allocated zones?
*What is the rationale for granting such consents when the plan clearly intends to limit or prohibit new water takes once limits are exceeded?

3. Duty to address over-allocation
Given the Plan’s intent to prevent unsustainable water use, does Environment Canterbury consider itself responsible for actively managing and reducing over-allocation?
*What steps are being taken to ensure compliance with the Canterbury Land and Water Regional Plan allocation limits?
*If consents are being granted contrary to these limits, how is this reconciled with the direction in the Plan and the requirements under the RMA?

I raise these questions as someone who is concerned about the sustainable management of Canterbury’s water resources and the integrity of the planning framework designed to protect them.

Yours faithfully,

Allan