Environment Canterbury has withdrawn its request for the
Environment Court to clarify its role and RMA functions in
upholding the 1988
Rakaia Water Conservation Order (WCO).
In February
this year Environment Canterbury applied to the Environment
Court for declarations that would clarify what the Council’s
role is in enforcing the WCO, legislation intended to
protect the outstanding natural features of the Rakaia
River.
Council took the position that its role was to
issue consents and monitor compliance with consent
conditions in a way that was consistent with the WCO, but
this did not extend to a duty to enforce observance of the
WCO itself.
Chief Executive Stefanie Rixecker said
that the declaration was withdrawn on Friday as there is no
longer disagreement that the Council has the functions,
powers and duties under the RMA.
“We’re glad to have
resolved questions about our responsibilities as a
regulator,” Rixecker said.
However, she acknowledged
there is still concern from some groups as to whether the
outstanding characteristics of the Rakaia River are being
sufficiently protected.
“We all value the outstanding
natural features of this river. Environment Canterbury will
continue to engage with interested parties including Ngā
Rūnanga, to understand any concerns about the health of the
Rakaia River and to explore what further actions are
required to ensure its
protection.”
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