Since the last edition of Watchdog (150, April 2019), community water advocacy group Aotearoa Water Action (AWA) has continued to progress its legal challenge against the grant of consents to Chinese-owned Cloud Ocean Water Limited, and to Rapaki Natural Resources Limited, to take up to 24 million litres of water per day from aquifers in Belfast, north Christchurch.

Legal Costs Victory

The group's ability to progress the case has been greatly assisted by Christchurch City Council's decision to contribute $50,000 towards AWA's legal costs. AWA is now waiting on a Court date for the hearing of its substantive judicial review proceeding. In the meantime, Cloud Ocean has begun work on a second bottling plant as a precursor to substantially increasing its operation, in reliance on the consents that are being challenged.

Since this was written, the High Court has awarded AWA $22,958 in costs (it had claimed $28,533), in relation to its first successful case against Environment Canterbury (ECan), Cloud Ocean Water and Rapaki Natural Resources. In December 2018 a judge ruled in AWA's favour, namely that Cloud Ocean and Rapaki "could not rely on consents issued decades ago for industrial uses as being sufficient to allow for bottling purposes" (Press, "Anti-Bottling Group Wins Costs", 3/7/19). In more good news, Cloud Ocean announced, in August 2019, that it proposes to mothball its Christchurch bottling plant. Ed.

Otakiri Campaign

AWA has also supported community group Sustainable Otakiri Inc in an Environment Court case opposing the grant of bottling consents to Chinese-owned owned Cresswell NZ, for a rurally-zoned site near Whakatane. Those consents attracted national attention when it was revealed by AWA that Cresswell's introduction to the opportunity had been facilitated by New Zealand Trade and Enterprise, an arm of the New Zealand Government.

The case was heard in late May 2019 and a decision is expected by the end of September. Sustainable Otakiri's case was centred on the amenity effects of Cresswell's proposal, and the way in which the application should be processed. Local iwi Ngati Awa also mounted a strong challenge based on the diminution of its sovereign rights to exercise kaitiakitanga in respect of the affected aquifer and its water. This is significant given the absence of any cohesive response by iwi to the threat posed by (largely foreign-owned) water mining corporates to our water sovereignty and security.

Charter, Petition, Submission

AWA has also recently undertaken:

1. The preparation of a water charter, setting out its vision for the management of our wai in the interests of our people and the planet:
2. The preparation and circulation of a petition calling on the Government to impose a moratorium on the grant of further water bottling permits, until coherent measures have been put in place to protect and manage the water and until the issues around Maori rights to freshwater under Te Tiriti have been resolved. Please sign and share this petition:
3. A submission on the proposed Overseas Investment Act reforms:

AWA continues to advocate for, and promotes, a relationship with our water that emphasises our sovereign and human rights, and the need to recognise and protect the wai as a source of life and well-being for all, not for the benefit of a few.