Q&A: The Environment Canterbury saga

Q/ Why were democratically elected Environment Canterbury councillors replaced with government-appointed commissioners chosen by Environment Minister Nick Smith?

A/ To speed up water allocation to irrigators and electricity generators by making it easier to overturn water conservation orders that set minimum flows. This is spelled out in the preamble to the Environment Canterbury Temporary Commissioners and Improved Water Management Act. Normally, a special tribunal hears water conservation order applications and submitters may subsequently appeal to the Environment Court for a final recommendation to be signed off by relevant Ministers. The new Act short circuits this process. Special panels are replaced by the new appointed commissioners. The Environment Court is entirely removed. Final decisions to amend, adopt or overturn water conservation orders rest with the minister.

The preamble to the legislation specifically says that speeding up the process is aimed at facilitating planned irrigation dams and canals harnessing water from the Hurunui River. Background briefing papers to the cabinet also describe plans for hyrdro electric generation and irrigation schemes using the Rakaia River and other main braided rivers in the region.

Q/ What events justified the removal of elected representatives.

A/ Environment Minister Nick Smith highlighted slow resource consent processing at Environment Canterbury in 2007/08. He also commissioned ex-National minister Wyatt Creech to write a report about governance. Mr Creech dismissed accusations of dysfunction at councillor level but emphasised slow water permit processing.
The region’s mayors also led the attack with letters complaining about various compliance issues with Environment Canterbury.

Q/ How will the $78 million annual Canterbury regional rates now be allocated and by whom?

A/ Commissioners will now consider the long term council community plan (budget) and public submissions. They will make recommendations about expenditure and final decisions will be made at a commissioners' meeting on June 3.

Q/ Who are the Nick Smith-appointed commissioners who replace the sacked elected councillors?

A/ The commissioners appointed are Dame Margaret Bazley (chair); deputy chair David Caygill; Tom Lambie a dairy farmer, chancellor of Lincoln University, and chair of Opuha Dam; Peter Skelton, former Environment Court judge and associate professor of resource management law at Lincoln University; Rex Williams, chancellor of Canterbury University, chair of the West Coast District Health Board, chair of H W Richardson Group and a trustee of the Water Rights Trust; David Bedford, a small vineyard owner in North Canterbury, chair of Enterprise North Canterbury and a former Telecom manager; Donald Couch, a Ngai Tahu representative and pro-chancellor of Lincoln University; Peter Skelton, a former Environment Court judge and associate professor of resource management law at Lincoln University. The commissioners have taken over the committees formerly headed by the elected councillors

Q/ What happens next to accelerate irrigation plans?

A/ Some are well under way. The Central Plains Water irrigation scheme is finalising conditions relating to resource consents allowing it to divert large amounts of water from the Rakaia and Waimakariri Rivers. The plan may be amended to include raising Lake Coleridge (which empties into the Rakaia) and possible partnership with Trustpower.

Local input into irrigation schemes in each district will come via regional zone committees that are being set up “to develop strategies, tactics, and activities” and make recommendations to the Environment Canterbury commissioners. Committee members will be expected to attend at least two meetings a month in the first year with workshops and additional meetings as required. There will be financial support provided by the councils (ratepayers) honorarium and travel expenses.

The zone committees are to include Ngai Tahu, irrigation interests, recreational groups, and environmental advocates. The outcomes from these zone committees will depend on who is selected to sit on them. Short lists are understood to be prepared by Environment Canterbury.

The first of these zone committees is already mired in controversy because of the appointment of commissioner David Bedford and his potential for conflict of interest due to his links with the controversial Hurunui Water Project.