Saturday, March 30, 2024

Feds shake can for fighting fund

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Federated Farmers wants donations from members to help boost its legal coffers as the pastoral sector faces a plethora of regional plan change hearings over coming months.
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The latest round of fundraising was prompted by the Environment Court appeal launched by iwi and Rotorua Lakes District Council against Lake Rotorua proposed Plan Change 10 (PC10).

PC10 aims to reduce the level of nitrogen entering the Rotorua Lakes’ catchment. 

It represents a hybrid arrangement of nitrogen grand-parenting and sector reductions, aiming to remove 140 tonnes of nitrogen from the lake system. 

More than 80 farms in the Lake Rotorua catchment are directly affected by PC10, which, in its current form, will require reductions to their nitrogen losses by 35% for dairy and 17% for drystock by 2032.

But iwi and the district council are appealing against PC10 to have the nitrogen allowances set under it reallocated to recognise potential future land use options on forestry land.

If the Environment Court upholds the appeal farmers in the catchment might have to accept even tighter nitrogen controls.  

It could double the nitrogen cuts required with no better environmental outcome and forestry land owners being allocated nitrogen they do not need but seeking to make money from it. 

Drystock farmer and Lake Rotorua Primary Producers Collective member Neil Heather said farmers are nervously awaiting the court hearing. 

An outcome in favour of the appellants could result in the nitrogen reductions for his drystock operation dropping significantly and leaving him and many others with no ability to carry on farming the land.

“In my case, which is already pretty low, it would mean I would basically be left with a big lifestyle block,” Heather said.

Federated Farmers policy general manager Gavin Forrest said it is not the first time the federation has sought funds and the amounts needed for such court action are not insubstantial.

“When I was directly involved in 1990s the Resource Management Act was about ordinary people being able to have their say but it has increasingly become out of people’s reach. In many cases you now need a lawyer and expensive experts to engage in the process.

“To ensure our farmers’ voice is heard and taken into account in the Environment Court Feds needs to be able to match the well-funded arguments of those opposing us in court if we are to have the chance of getting a fair hearing.”

Forrest was reluctant to place a figure on the cost of dealing with the PC10 appeal. 

However, industry estimates are that such representation could amount to several hundred thousand dollars.

He confirmed the Feds are confident about having enough money to deal with PC10 appeal.

“We have found members who are all under pressure themselves financially have come forward to help out here. We are seeking whatever they feel they can contribute. It is all welcome. Our members understand that these cases are very important.”

Regional plan changes are in play all over New Zealand but Forrest said not all are likely to end up in the Environment Court or prove as complex as PC10 has become.

“It really all depends on each case and what is driving them and how well things like the science stands behind the cases. As much as possible we do want to work with other parties if the data and information is already there and a good outcome for all can be achieved by working the issues through.”

It is still too early to say if neighbouring Plan Change 1 in Waikato will involve a similar level of legal complexity and cost.

“That is still in the stage of awaiting a council hearing. Meantime, other plans have not yet been notified so they are likely to be staggered over time and each catchment is unique.”

He is confident the Feds have a good pool of skilled experts to draw on as required.

Rotorua farmer Lachlan McKenzie is on the edge of the PC10 catchment. He has put $10,000 into the Feds’ fund, even though his property is not in it.

“My concern is the bigger picture, that this action is aimed at achieving the same thing in Waikato and in the South Island.”

McKenzie has called for more industry group support for the embattled farmers.

DairyNZ strategy and investment leader David Burger said DairyNZ does not directly fund individual farmers to participate in hearings, instead concentrating efforts on sharing technical insights so farmers wishing to make individual submissions get the best possible start.

“We have been heavily engaged in the Bay of Plenty plan change process for some time although we’re not formally involved in the current Environment Court process.”

Beef + Lamb NZ policy and advocacy general manager Dave Harrison said while B+LNZ supported the Feds submission on PC10 in April 2016 with its own submission it is not providing any financial support for the appeal and is not involved in any of the PC10. 

“We are aware of Federated Farmers’ concerns around nitrogen discharge allocations and can see that some characteristics of the catchment mean there needs to be care around how allocations are implemented to ensure rural communities are protected as well as the lake.”

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