On August 1, the Environment Court released its decision on an application for declarations regarding our role in enforcing the RWCO. This was filed by the Environmental Defence Society and North Canterbury Fish & Game.

The Court agreed with the Environment Canterbury position that the RWCO restricts our regional plan and consenting function, and that by issuing and monitoring consents in accordance with our Land and Water Regional Plan, we are upholding the RWCO. The Court disagreed with the claim that our duty could lead to an obligation to monitor and/or enforce compliance with the restrictions and prohibitions within the RWCO itself.

Chief Executive Dr Stefanie Rixecker acknowledged that last week's Court decision gives Council some reassurance in its role.

"Braided rivers like the Rakaia are a unique feature of the Waitaha landscape, and we take our responsibility to uphold their mana seriously. We also recognise that they provide irrigation water to hundreds of farms in the region – contributing to businesses and livelihoods for thousands of Cantabrians," Dr Rixecker said.

"We welcome this clarity from the Court. We will continue to ensure water use in the Rakaia upholds the RWCO by issuing and consents that are consistent with the Order and monitoring compliance with those consents.

"Alongside fulfilling our regulatory role, we continue to work with communities and our partners and maintain our Rakaia water balance model to build understanding and to protect cultural and ecological values in the catchment."

Environment Canterbury recognises the Court decision could be subject to an appeal in future. 

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