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Resource Management Act 1991

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Cubicle (Factory) Farming and Ministerial ‘Call-Ins’ of Resource Management Consents

Late last year, I posted on the euphemistically-named ‘cubicle’ farming of dairy cows proposed in the South Island’s pristine McKenzie Basin.

The Parliamentary Commissioner for the Environment has today recommended that Environment Minister, Nick Smith use his call-in powers under the Resource Management Act 1991 (the RMA) to make a decision on the consents. The Act states:

Section 141B – Minister’s power to call in matters that are or are part of proposals of national significance
In deciding whether a matter is or is part of a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter—

(a) has aroused widespread public concern or interest regarding its actual or likely effect on the environment

Why is this of interest in a blog about animal law?

Well, although about 75% of the large number of submissions received by the Canterbury Regional Council mentioned deleterious effects on the cows, the question has been raised as to whether animal welfare issues can be legitimately considered as an ‘effect’ of dairy farming for the purposes of resource management consents.

The Council has received legal advice that they can not, nor can they provide grounds for a ministerial call-in.

The Council’s Chief Executive, Dr Bryan Jenkins, has said that the animal welfare issue is more appropriately dealt with under the Animal Welfare Act 1999 (the AWA). He also suggested that a stronger argument can be made for damage to New Zealand’s reputation in international dairy markets being an ‘effect’.

This is all the more incredible if we look at the statutory definition of “environment” in the RMA: Continue reading