Cowie wrote in summary that the decision to decline the application was made based on two reasons:
- Provisions in the National Policy Statement for Freshwater Management 2020 (NPSFM);
- The potential adverse effects of the proposal, including its impact on cultural values, flows in surface water bodies, effects on other users and associated effects on biota that dwell within those water bodies.
“We are making a decision about freshwater. Accordingly, the NPSFM directs us to prioritise freshwater values ahead of resource use and development,” Cowie wrote.
“The second reason is that we are not persuaded that the potential adverse effects of the application can be avoided or mitigated.”
Duncan Abernethy from I & P Farming, appointed spokesperson for the group of eight applicants, said the decision was disappointing, and the applicants had not yet decided what their next steps will be.
“The decision is disappointing from our perspective because we did meet the policy thresholds, but we will be taking a careful look at the comments the commissioners made and [will] take [them] on board.”
He said there was currently a focus on recovery from the impacts of the Cyclone Gabrielle.
“We haven’t ruled anything in and we haven’t ruled anything out, so we are really just keeping our options open and making assessments, but, like everyone else, our initial focus is cyclone recovery.”
Forest and Bird freshwater conservation advocate Tom Kay said he was pleased to see Te Mana o Te Wai and NPSFM at the forefront of the hearing panel’s decision-making.
“It points in a new direction where we start to have honest conversations about what healthy landscapes look like and how we protect our communities going forward with the impacts of climate change.”
He said it was rare to see such a unified front of opposition from different community groups, and he thought that would decrease the chances of seeing a successful appeal from the applicants.
“This emphasises the importance of putting freshwater first, and that this proposal is really strongly opposed by people in the community, farmers and mana whenua.”
Of 72 public submissions made on the proposal, 69 opposed the Tranche 2 groundwater applications, one was withdrawn, one was neutral and one was in support.
Wise Water Use Hawke’s Bay, an environmental group against the Tranche 2 proposal, released a statement applauding the hearing panel’s decision.
“This decision is a game-changer for the way we think about allocating and using our local water resources. No longer do economic considerations trump the health of our freshwater resource and communities,” said Dr Trevor Le Lievre, spokesman for Wise Water Use.
Le Lievre said it was time for Hawke’s Bay Regional Council to address the issue of overallocation in the Ruataniwha Aquifer.
“With the environmental knowledge we now have and the overriding priority now given to freshwater health under Te Mana o Te Wai, [the] regional council should undertake an urgent review and reallocation of consents based on most sustainable land use.”
