QLDC's Shotover Consent Applications Going Direct To Environment Court
Provisions for public notification around the applications remain in place.
ORC's Manager Consents Alexandra King says ORC received a letter from QLDC on 27 June 2025 requesting the two applications for resource consent (RM25.206 and RM25.177) be directly referred to the Environment Court – which can be done under section 87D of the Resource Management Act (RMA).
'The ORC has granted QLDC's request for direct referral of those applications to the Environment Court.
A factor in reaching this decision is that public notification of the applications will proceed. This will happen once some outstanding information being sought from QLDC across both applications has been received [due by 11 August] and assessed,' Ms King says.
'It's a pragmatic decision and this approach ensures security of the public notification process and the opportunity for public participation is based on having complete and accurate information, and is consistent with the requirements of the RMA,' she says.
In its 27 June letter to ORC, QLDC put forward several reasons to ORC for direct referral to the Environment Court, including that the referral would save all parties 'considerable time and money'.
The QLDC letter noted there is 'significant public interest' given the consents being sought came from activities associated with the use of emergency works and direct referral to the Environment Court would enable a more efficient and effective determination, especially given the significant resources and issues in play.
QLDC's letter also said that whether ORC held a hearing or the Environment Court, either result was 'very likely to be appealed irrespective of the outcome'.
Ms King says ORC will continue to process the applications in accordance with the RMA and reiterated ORC will publicly notify the applications, as had been requested earlier by QLDC, following receipt of the requested, additional information; due in by 11 August.
QLDC has applied for two resource consent applications (RM25.206 and RM25.177).
These applications include the following activities:
Divert the Shotover River to ensure the discharge is always going to running water.
Disturb the bed of the Shotover River to create and maintain a diversion channel.
Discharge consent for remobilising sediment from the Shotover River when creating the channel.
Discharge treated wastewater to the Shotover River from the Shotover Wastewater Treatment Plant.
Disturb the bed of the Shotover River for the purpose of installing a riprap outfall structure.
Ms King says ORC continues to closely monitor the Shotover treatment plant site and continues to undertake its regulatory role.
*Background
Two abatement notices are in place and 10 infringements have been issued since the start of 2024. Five of these infringementnotices have been issued this year (2025) relating to issues that happened on site towards the end of 2024.
All the (5) new notices that have been issued, relate to the alleged discharge of contaminants (namely treated wastewater) to land on the Shotover Delta in circumstances which may result in contaminant (or any other contaminant entering water; namely groundwater), the Shotover River and/or Kawarau River.
Following conclusion of a more than year-long investigation of the Shotover site, ORC decided on 23 February to apply to the Environment Court for an Enforcement Order - under section 316 of the Resource Management Act 1991; to have QLDC abide by its consent conditions.
The Enforcement Order application was made because of issues around QLDC's consent compliance, mainly related to the performance of the Shotover plant's ground disposal field; where treated wastewater from the plant was expected to soak through the ground and not to pond.
Following the application to the Environment Court and subsequent mediation process, there is now an Enforcement Order still in place relating to the Shotover site.
(An Enforcement Order is a court issued directive requiring certain actions to be taken within set time frames to fix a problem).
NB - There is further supporting material / documents now available on the dedicated Shotover web page Shotover Wastewater Treatment Plant https://www.orc.govt.nz/consents-and-compliance/compliance/shotover-wastewater-treatment-plant/
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