Kia ora Allan

We have already logged this LGOIMA reference 3185C and investigation is underway. We will reply to your original email address but include this email address also in our response [FOI #31907 email].

Kind regards

LGOIMA Team
-----Original Message-----
From: Allan <[FOI #31907 email]>
Sent: Tuesday, 5 August 2025 9:35 pm
To: LGOIMA <[ECAN request email]>
Subject: Official Information request - Non complying water takes

[You don't often get email from [FOI #31907 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

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

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From: LGOIMA <[ECAN request email]>
Sent: Wednesday, 27 August 2025 3:13 pm
To: Allan Wilkins <[email address]>
Cc: LGOIMA <[ECAN request email]>
Subject: RE: LGOIMA 3185C Response

 

Kia ora Allan

 

Please see the attached documents in response to your LGOIMA request.

 

Reference 3185C.

 

Ngā mihi nui

Environment Canterbury 😊

 

From: LGOIMA
Sent: Tuesday, 5 August 2025 11:09 am
To: Allan Wilkins
Cc: LGOIMA
Subject: LGOIMA 3185C Acknowledgement

 

Kia ora Allan

 

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

 

I refer to your email dated 3/8/25, received 4/8/25.

 

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 1/9/25.

 

Your LGOIMA reference number is 3185C

 

Ngā mihi

Environment Canterbury

 

 

From: Allan Wilkins <[1][email address]>
Sent: Sunday, 3 August 2025 10:52 pm
To: LGOIMA <[2][email address]>
Subject: Fw: Non complying water takes

 

You don't often get email from [3][email address]. [4]Learn why
this is important

 

Caution: This is an email from an external party. Please take care when
clicking links or opening attachments.

 

 

 

----- Forwarded message -----

From: Allan Wilkins <[5][email address]>

To: [6][email address] <[7][email address]>

Sent: Wednesday, 23 July 2025 at 08:54:58 pm NZST

Subject: Non complying water takes

 

Kia ora Councilor Scott,

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 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:

o How many consents for non-complying activities have been granted in
over-allocated catchments without public notification in the past
five years?
o 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.

o How is the decision to not notify reconciled with the requirement to
consider environmental effects and community involvement in
over-allocated zones?
o 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?

o What steps are being taken to ensure compliance with the Canterbury
Land and Water Regional Plan allocation limits?
o 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.

Warm regards

Allan

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. https://aka.ms/LearnAboutSenderIdentific...
5. mailto:[email address]
6. mailto:[email address]
7. mailto:[email address]

hide quoted sections

Kia ora Allan

We have forwarded your question to our consents team to review.

Thank you
Environment Canterbury

-----Original Message-----
From: Allan <[FOI #31907 email]>
Sent: Wednesday, 10 September 2025 9:07 pm
To: LGOIMA <[ECAN request email]>
Subject: Re: FW: LGOIMA 3185C Response

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

Dear LGOIMA,

Could I please have clarification of this question:

Notification obligations

My understanding is that under the RM Act, 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 RM Act requirement to consider environmental effects and community involvement in over-allocated zones?

What is the rationale for granting such consents without being notified when the plan clearly intends to limit or prohibit water takes once limits are exceeded?

Warm regards,

Allan

-----Original Message-----

From: LGOIMA <[ECAN request email]>
Sent: Wednesday, 27 August 2025 3:13 pm
To: Allan Wilkins <[email address]>
Cc: LGOIMA <[ECAN request email]>
Subject: RE: LGOIMA 3185C Response

Kia ora Allan

Please see the attached documents in response to your LGOIMA request.

Reference 3185C.

Ngā mihi nui

Environment Canterbury 😊

From: LGOIMA
Sent: Tuesday, 5 August 2025 11:09 am
To: Allan Wilkins
Cc: LGOIMA
Subject: LGOIMA 3185C Acknowledgement

Kia ora Allan

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

I refer to your email dated 3/8/25, received 4/8/25.

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 1/9/25.

Your LGOIMA reference number is 3185C

Ngā mihi

Environment Canterbury

From: Allan Wilkins <[1][email address]>
Sent: Sunday, 3 August 2025 10:52 pm
To: LGOIMA <[2][email address]>
Subject: Fw: Non complying water takes

You don't often get email from [3][email address]. [4]Learn why this is important

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #31907 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

hide quoted sections

Kia ora Allan

Reviewing your email below our team advises that this question has already been responded to.

What clarification are you seeking?

Ngā mihi nui

Environment Canterbury

-----Original Message-----
From: Allan <[FOI #31907 email]>
Sent: Wednesday, 10 September 2025 9:07 pm
To: LGOIMA <[ECAN request email]>
Subject: Re: FW: LGOIMA 3185C Response

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

Dear LGOIMA,

Could I please have clarification of this question:

Notification obligations

My understanding is that under the RM Act, 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 RM Act requirement to consider environmental effects and community involvement in over-allocated zones?

What is the rationale for granting such consents without being notified when the plan clearly intends to limit or prohibit water takes once limits are exceeded?

Warm regards,

Allan

-----Original Message-----

From: LGOIMA <[ECAN request email]>
Sent: Wednesday, 27 August 2025 3:13 pm
To: Allan Wilkins <[email address]>
Cc: LGOIMA <[ECAN request email]>
Subject: RE: LGOIMA 3185C Response

Kia ora Allan

Please see the attached documents in response to your LGOIMA request.

Reference 3185C.

Ngā mihi nui

Environment Canterbury 😊

From: LGOIMA
Sent: Tuesday, 5 August 2025 11:09 am
To: Allan Wilkins
Cc: LGOIMA
Subject: LGOIMA 3185C Acknowledgement

Kia ora Allan

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

I refer to your email dated 3/8/25, received 4/8/25.

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 1/9/25.

Your LGOIMA reference number is 3185C

Ngā mihi

Environment Canterbury

From: Allan Wilkins <[1][email address]>
Sent: Sunday, 3 August 2025 10:52 pm
To: LGOIMA <[2][email address]>
Subject: Fw: Non complying water takes

You don't often get email from [3][email address]. [4]Learn why this is important

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #31907 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

LGOIMA

<tel:>
<tel:>
LGOIMA

Environment Canterbury
[Environment Canterbury] <https://www.ecan.govt.nz/>
<tel:>
<tel:>
[ECAN request email]<mailto:[ECAN request email]> PO Box 345, Christchurch 8140
Customer Services: 0800 324 636<tel:0800324636>
24 Hours: 0800 76 55 88<tel:0800765588>
ecan.govt.nz<https://www.ecan.govt.nz/>
[Facebook] <https://www.facebook.com/EnvironmentCant...> [Twitter] <https://twitter.com/ECan> [YouTube] <https://www.youtube.com/user/ECanGovt> [Instagram] <https://www.instagram.com/environment_ca...>

hide quoted sections

Kia ora Allan,

Your email does not constitute a request for official information under the Local Government Official Information and Meetings Act 1987 (LGOIMA), as it is seeking a general explanation or justification of decision-making practices rather than identifiable information that we hold.

Each resource consent application is considered on its own merits, under the relevant provisions of the Resource Management Act 1991 and our planning documents. Decisions on notification and consent outcomes are therefore made on a case-by-case basis.

If you are seeking information on a specific consent decision, this is generally available on our website through the Consent Search function by entering the relevant CRC number.

Ngā mihi,
Environment Canterbury

-----Original Message-----
From: Allan <[FOI #31907 email]>
Sent: Tuesday, 23 September 2025 9:10 pm
To: LGOIMA <[ECAN request email]>
Subject: Re: Response - Follow Up Question: FW: LGOIMA 3185C Response

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

Dear LGOIMA,

For non-complying activities ( i.e. no resection of discretion), like the over one hundred you have kindly supplied :

How is the decision to not notify reconciled with the RM Act requirement to consider environmental effects and community involvement in over-allocated zones?

What is the rationale for granting such consents without being notified when the plan clearly intends to limit or prohibit water takes once limits are exceeded?

Warm regards,

Allan

Yours sincerely,

Allan

-----Original Message-----

Kia ora Allan

Reviewing your email below our team advises that this question has already been responded to.

What clarification are you seeking?

Ngā mihi nui

Environment Canterbury

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #31907 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

LGOIMA

<tel:>
<tel:>

LGOIMA

Environment Canterbury
[Environment Canterbury] <https://www.ecan.govt.nz/>
<tel:>
<tel:>
[ECAN request email]<mailto:[ECAN request email]> PO Box 345, Christchurch 8140
Customer Services: 0800 324 636<tel:0800324636>
24 Hours: 0800 76 55 88<tel:0800765588>
ecan.govt.nz<https://www.ecan.govt.nz/>
[Facebook] <https://www.facebook.com/EnvironmentCant...> [Twitter] <https://twitter.com/ECan> [YouTube] <https://www.youtube.com/user/ECanGovt> [Instagram] <https://www.instagram.com/environment_ca...>

hide quoted sections

Kia ora Allan

It appears that your full email did not come through can you please resend so we can review?

Ngâ mihi,
Environment Canterbury

-----Original Message-----
From: Allan <[FOI #31907 email]>
Sent: Tuesday, 30 September 2025 7:13 pm
To: LGOIMA <[ECAN request email]>
Subject: Re: Response - Follow Up Question: FW: LGOIMA 3185C Response

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

Dear LGOIMA,

I am a little confused by your response.

Each of the consents on the list you provided must have addressed public notification, given they are non-complying and located in over-allocated aquifer zones.

Let me rephrase:
For the last 10 non-complying water take consents granted in over-allocated aquifer zones, what were the specific grounds for deciding not to notify the public, considering:
The proposed takes exceed plan allocation limits (i.e., the effects are more than minor), and Under section 95A and 95B of the RMA, public or limited notification is required unless adverse effects are no more than minor and no special circumstances exist.

Given the plan limits were already exceeded, on what basis was it determined that:
a) The adverse effects would still be “no more than minor”?
b) The situation did not constitute “special circumstances” under the RMA?

Surely, continued allocation beyond plan limits does constitute special circumstances at the very least?

Step 3: if not precluded by step 2, public notification required in certain circumstances
(7) Determine whether the application meets either of the criteria set out in subsection (8) and,—
(a) if the answer is yes, publicly notify the application; and
(b) if the answer is no, go to step 4.
(8) The criteria for step 3 are as follows:
(b) the consent authority decides, in accordance with section 95D, that the activity will have or is likely to have adverse effects on the environment that are more than minor.
Step 4: public notification in special circumstances
(9) Determine whether special circumstances exist in relation to the application that warrant the application being publicly notified and,—
(a) if the answer is yes, publicly notify the application; and

Warm regards

Allan

-----Original Message-----

Kia ora Allan,

Your email does not constitute a request for official information under the Local Government Official Information and Meetings Act 1987 (LGOIMA), as it is seeking a general explanation or justification of decision-making practices rather than identifiable information that we hold.

Each resource consent application is considered on its own merits, under the relevant provisions of the Resource Management Act 1991 and our planning documents. Decisions on notification and consent outcomes are therefore made on a case-by-case basis.

If you are seeking information on a specific consent decision, this is generally available on our website through the Consent Search function by entering the relevant CRC number.

Ngâ mihi,
Environment Canterbury

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #31907 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

hide quoted sections

Kia ora Allan

Can you please outline exactly what you are requesting under LGOIMA. What documents or information are you requiring please.

Ngâ mihi,
Environment Canterbury

-----Original Message-----
From: Allan <[FOI #31907 email]>
Sent: Tuesday, 7 October 2025 10:05 pm
To: LGOIMA <[ECAN request email]>
Subject: RE: Response - Follow Up Question: FW: LGOIMA 3185C Response

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

Dear LGOIMA,

That was the whole email, the final paragraphs were an excerpt from the RM Act that appears to set out the steps to determine notification in essence if
a) the effects are more than minor or
b) if there are special circumstances
then Ecan must publicly notify the application

I apologise if the "and" at the end confused you, that is how that line ends in the RM Act

Warm regards,

Allan

-----Original Message-----

Kia ora Allan

It appears that your full email did not come through can you please resend so we can review?

Ngâ mihi,
Environment Canterbury

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #31907 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

hide quoted sections

Kia ora Allan

Thank you for your request regarding the last 10 non-complying water take consents granted in over-allocated aquifer zones and the reasons for deciding not to publicly notify those applications.

Before we can progress your request under the Local Government Official Information and Meetings Act 1987 (LGOIMA), we need some clarification to ensure it meets the requirement of section 10 of the Act that a request be made “with due particularity.”

Your request currently seeks the basis or reasoning for decisions made under sections 95A and 95B of the Resource Management Act 1991. To process this as a LGOIMA request, we need to understand whether you are seeking:

1 - Copies of the decision reports or planner reports for the last 10 non-complying water take consents granted in over-allocated aquifer zones, showing the assessment and reasons for the notification decision; or
2 - A summary or explanation from staff about how such decisions are generally made (which would fall outside the scope of LGOIMA, as it would require creating new information).

As we have highlighted previously, under the LGOIMA, the Council is required to release information that it holds, but it is not required to create new information, provide an opinion, or generate an explanation in order to respond to a request.

Once we receive your clarification, we will treat your refined request as valid under section 10 of the Act, and the 20-working-day timeframe for response will begin from the date we receive it.

Ngā mihi,
Environment Canterbury

-----Original Message-----
From: Allan <[FOI #31907 email]>
Sent: Tuesday, 14 October 2025 6:45 pm
To: LGOIMA <[ECAN request email]>
Subject: RE: Response - Follow Up Question: FW: LGOIMA 3185C Response

Caution: This is an email from an external party. Please take care when clicking links or opening attachments.

Dear LGOIMA,

As per my 30 September reply

For the last 10 non-complying water take consents granted in over-allocated aquifer zones, what were the specific grounds for deciding not to notify the public, considering:
The water to be taken exceeds plan allocation limits (i.e., the effects are more than minor), and Under section 95A and 95B of the RMA, public or limited notification is required unless adverse effects are no more than minor and no special circumstances exist.

Given the plan limits were already exceeded, on what basis was it determined that:
a) The adverse effects would still be “no more than minor”?
b) The situation did not constitute “special circumstances” under the RMA?

Yours sincerely,

Allan

-----Original Message-----

Kia ora Allan

Can you please outline exactly what you are requesting under LGOIMA. What documents or information are you requiring please.

Ngâ mihi,
Environment Canterbury

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #31907 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

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