Dear Canterbury Regional Council,

Can you please confirm that applications for replacement water permits where the applicant is relying on s124 RMA continuation rights within the Te Waihora Sub-region are being assessed against Rule 11.5.37 of the CLWRP?
To date, I have not seen any ECans s42A reports or decisions where Rule 11.5.37 has been applied or referenced in relation to these replacement applications.

1) If Rule 11.5.37 is being applied, could you please provide the consent numbers.

2) If Rule 11.5.37 is not being applied, can you please provide any documentation, legal advice, or internal policy direction that supports the position not to apply Rule 11.5.37 to replacement consent applications.

Noting that CLWRP Section 2.3 (“An activity needs to comply with all relevant rules in the Plan, unless the rule itself states otherwise”) and I don’t see any exclusions in the rule.

This matter is important because the current treatment of replacement applications looks to be inconsistent with Policy 11.4.24, which prohibits the allocation of water where it may singularly or cumulatively exceed the allocation limits in Tables 11(e), 11(f) or 11(g);

11.5.37 The taking and use of surface water from a river, lake or wetland or groundwater within the Selwyn Te Waihora sub-region and including all areas within the Little Rakaia Combined Surface and Groundwater Allocation Zone that does not meet Conditions 1, 2, 3, or 5 of Rule 11.5.33 is a prohibited activity.

11.5.33 The taking and using of surface water from a river, lake or wetland or groundwater within the Selwyn Te Waihora sub-region and 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 Table 11(e), 11(f) and 11(g);

Given this framework, I would appreciate clarification on how ECans is ensuring that replacement applications (even where s124 applies) are being processed consistently with the rules in fully allocated or over-allocated zones.

Ngā mihi,

Allan