Tuesday, 15 October 2024 08:55

Court ruling piles more misery on hapless Southland farmers

Written by  Sudesh Kissun
Bernadette Hunt, Federated Farmers, says about 3000 farmers already under the pump with prolonged rainfall and flooding, don't need more headaches. Bernadette Hunt, Federated Farmers, says about 3000 farmers already under the pump with prolonged rainfall and flooding, don't need more headaches.

Southland farmers have been assured that, while concerning, there are no immediate implications from a court decision which requires them to apply for a resource consent just to continue farming.

Federated Farmers Southland spokesperson Bernadette Hunt says about 3000 farmers in the region, already under the pump with prolonged rainfall and flooding, don’t need more headaches.

Hunt told Dairy News that Federated Farmers is extremely disappointed at the decision and are working through a range of channels to decide on next steps and take appropriate action.

“There’s a process to go through now before any changes come into force, and that will take time in any case – therefore there are no immediate implications for farmers to be concerned with.

“Farmers in Southland are under immense pressure with the current weather conditions and I’m very concerned that this doesn’t add to that mental burden.”

The Southland Water and Land Plan was notified in 2016. Rule 24 – which seeks to allow incidental diffuse discharges from farming activities (e.g. animal urine) as a permitted activity provided farming activities are managed under other rules in the plan – was initially appealed to the Environment Court by Forest & Bird and Fish & Game. The court subsequently questioned whether the rule complied with Section 70, particularly in relation to degraded water bodies.

Environment Southland appealed the decision to the High Court and then the Court of Appeal, but has been unsuccessful. All courts have now indicated they do not consider that Rule 24 currently complies with Section 70 of the RMA.

ES chief executive Wilma Falconer says the council has written to the Government outlining the situation and requesting an urgent change to Section 70 as part of its review of the RMA, to address the issue.


Read More


Federated Farmers says the decision has a range of very complicated consequences with extraordinary economic implications.

Hunt says farmers can be assured that Federated Farmers will not let this lie.

“This ruling, which if it stands means more costs and red tape for farming businesses, couldn’t have come at a worse time. Many farming families and businesses are under the pump with the high rainfall, flooding and related disruption and costs. It’s just more stress piling on farmers.”

Hunt says decisions like this show just how deeply broken New Zealand’s resource management laws have become.

“The Resource Management Act has gotten so far away from its original purpose and intent. It was supposed to be enabling, but it’s become overly complex and restrictive.

“The entire process has been hijacked by environmental activist groups like Fish & Game and it’s now almost impossible to do anything productive.”

Hunt says piecemeal, one-off changes drip-fed from the courts over the last 30 years, rather than systematic improvements, have just added cost and complexity.

“The Government are currently in the process of replacing the Resource Management Act, which is welcome news and long overdue, but that’s a longer-term solution.

“In the short-term, farmers are still stuck farming under the current rules that have become completely unworkable and unaffordable.

“We need a practical, commonsense solution to bridge the gap between today and whenever our new resource management laws arrive.”

More like this

Working with farmers to ensure best outcomes

OPINION: Recent media commentary from Southland Federated Farmers has raised concerns among our rural communities, particularly around Environment Southland’s approach to winter grazing inspections and nitrogen reporting. But let’s be clear, much of what’s been said simply doesn’t reflect reality.

Editorial: Nitrate emergency?

OPINION: Environment Canterbury's (ECan) decision recently to declare a so-called “nitrate emergency” is laughable.

Federated Farmers slam Canterbury nitrate emergency

A shameless political stunt is how Federated Farmers is describing the Canterbury Regional Council decision to declare “a nitrate emergency” on the back of its latest annual groundwater quality survey.

Featured

Winston Peters questions Fonterra divestment plan

Foreign Affairs Minister Winston Peters has joined the debate around the proposed sale of Fonterra’s consumer and related businesses, demanding answers from the co-operative around its milk supply deal with the buyer, Lactalis.

Cyclone Gabrielle lessons from Young Grower of the Year

If there was a silver lining in the tragedy that was Cyclone Gabrielle, for New Zealand Young Grower of the Year, Grace Fulford, it was the tremendous sense of community and seeing first-hand what good leadership looks like.

National

Machinery & Products

New McHale terra drive axle option

Well-known for its Fusion baler wrapper combination, Irish manufacturer McHale has launched an interesting option at the recent Irish Ploughing…

Amazone unveils flagship spreader

With the price of fertiliser still significantly higher than 2024, there is an increased onus on ensuring its spread accurately at…

» Latest Print Issues Online

Milking It

Tough times

OPINION: Dairy industry players are also falling by the wayside as the economic downturn bites around the country.

MSA triumph

OPINION: Methane Science Accord, a farmer-led organisation advocating for zero tax on ruminant methane, will be quietly celebrating its first…

» Connect with Dairy News

» eNewsletter

Subscribe to our weekly newsletter