Waikato Plan Change 1 litigation nears conclusion after 12 years
Following twelve years of litigation, a conclusion could be in sight of Waikato’s controversial Plan Change 1 (PC1).
It marks the first occasion the council has applied for such an order.
The application was sought and granted last week (4 August) by Judge Melinda Dickey as a result of alleged ongoing, uncontrolled and unauthorised discharges to both land and water.
The order requires the piggery company to cease discharging a contaminant onto land in circumstances which may result in it entering water.
To be able to comply with the order, the company will be required to explore options of reducing stock numbers or otherwise reducing the level of effluent currently stored and explore lawful options for relocating pig effluent offsite.
Since seeking the order, Waikato Regional Council has subsequently responded to a further significant discharge of effluent reported yesterday (7 August) morning.
Landowners have been warned that piggery effluent has entered the Patuwhao Stream which flows to the Waihou River.
“There will be faecal bacteria, ammonia and high nutrients from the piggery effluent in the water, so we’re urging landowners taking surface water downstream from this site to exercise caution until the risk has passed,” says Waikato Regional Council regional compliance manager Patrick Lynch.
Lynch says that applying to the Environment Court for an interim Enforcement Order is unprecedented in the Waikato region, but the Council views the ongoing discharges as an emergency.
“They are having an extreme impact on the environment and community, which we feel necessitates such action under the Resource Management Act,” he says.
