ORC seeks Court Order to enforce QLDC sewage compliance

The following statement has just been issued by the ORC:

The Otago Regional Council has lodged an application with the Environment Court seeking an Enforcement Order against the Queenstown Lakes District Council around aspects of its operation of the Shotover Wastewater Treatment Plant, near Queenstown, which QLDC owns and operates.

ORC’s Chief Executive Richard Saunders says following conclusion of a more than year-long investigation, a decision has been made to apply to the Environment Court for an Enforcement Order - under section 316 of the Resource Management Act 1991.

Mr Saunders says that recent tests of the discharge show a high level of treatment indicating that there would be no adverse effect on water quality in the river.

“While tests have shown the discharges to be highly treated, we want QLDC to be compliant with its consent. It’s up to the Environment Court to determine a decision on compliance,” he says.

The issues around consent compliance mainly relate to the performance of the plant’s ground disposal field (where the treated water from the plant is expected to soak through the ground and not pond), and are why the Order application has been made, Mr Saunders says. 

“It’s vitally important for the environment overall that consent holders achieve compliance with their consent conditions,” he says.

Mr Saunders explained there is a distinction between seeking a prosecution, compared to seeking an Enforcement Order.

An Enforcement Order is a court issued directive requiring certain actions to be taken within set time frames to fix a problem, while separately, prosecution is a merely a punitive approach and does not address the underlying cause of non-compliance.

He says an Enforcement Order itself is an “escalated” form of compliance action, and if approved by the Environment Court, would require QLDC to take specified actions to avoid, remedy and/or mitigate adverse effects on the environment at the Shotover Wastewater Treatment Plant.

Mr Saunders emphasised any decision on the Enforcement Order application will be made by the Environment Court.

He says the investigation was the “highest priority” for ORC, and takes its role as regulator seriously, noting the investigation process has taken up significant staff time and expertise.

The Enforcement Order application follows the issuing to date of two abatement notices and 10 infringement notices.

ORC tests in recent months show the discharge from the treatment plant is “highly treated” and complies with the limits set in consent conditions and is well below the contact recreation guidelines.

ORC will still be working directly with QLDC staff and will continue to monitor the treatment station and undertake further testing if and when necessary. For any comment on the plant’s operation, its management, funding or any upgrading, please refer to QLDC.

Mr Saunders says as Court action has been initiated, ORC is unable to release more details or comment further at this point, as this could potentially prejudice any actions we may take in the future.

Two abatement notices are in place and 10 infringements have been issued since the start of 2024.  Five of these infringement notices have been issued this year (2025) relating to issues that happened on site towards the end of 2024.

ORC cannot yet provide copies of the infringement notices, as they are still subject to an appeal period at present.

All the (5) new notices that have been issued, relate to the alleged discharge of contaminants (namely treated wastewater) to land on the Shotover Delta in circumstances which may result in contaminant (or any other contaminant entering water; namely groundwater), the Shotover River and/or Kawarau River.

Mr Saunders says there were several enforcement options available under the Resource Management Act 1991. Compliance tools ranged from abatement notices, infringement notices, enforcement orders and prosecution. All were considered in line with policy.

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