ORC welcomes court decision against QLDC on sewage plant

The Otago Regional Council has released the following statement after the publication today of the Environment Court’s decision to approve the ORC’s application for an Enforcement Order against the Queenstown Lakes Distrcit Council and their operation of the Shotover sewage plant.

ORC’s Chief Executive Richard Saunders welcomed delivery of the decision and Enforcement Orders, ultimately to “avoid, remedy and/or mitigate adverse environmental effects” caused by operation of the QLDC-owned Shotover Wastewater Treatment Plant.

“The decision paves the way to begin a plan of action so QLDC is able meet its consent obligations and achieve compliance against the Court’s Orders,” he says.

On 23 January ORC sought an Enforcement Order from the Environment Court to address current compliance issues at QLDC’s Shotover treatment plant, which followed the issuing of two abatement notices and 10 infringement notices. 

Environment Court mediation was the next step in deliberations and the Court released its decision yesterday.

Mr Saunders highlighted ORC had taken several steps since problems arose with the plant’s operations, dating back to 2021.

“The decision and enforcement orders give a clear indication of what’s required to operate, remedy and upgrade the wastewater plant, while maintaining transparency with ongoing monitoring of these processes,” Mr Saunders says.

The decision outlines 7 pages of separate enforcement orders, in an Annexure, including upgrades, contingency measures, timeframes and milestones to be met.

The Enforcement Orders cover off Operations and Management Manual, staff Training, Sampling and Monitoring, Repairs and Improvements to the wastewater plant, Upgrades to the plant and a new Disposal Field solution; the latter requiring a consent application be made for a new disposal system by May 2026, which must be implemented by December 2030.

The Environment Court decision also noted parties can apply for further Enforcement Orders, if required.

The Decision is now on ORC’s website.

Mr Saunders noted that the ORC continues to closely monitor the Shotover treatment plant site and continues to undertake its regulatory role.

Information on the Shotover treatment plant is available on Council’s website:

https://www.orc.govt.nz/consents-and-compliance/compliance/shotover-wastewater-treatment-plant/

 Consent application for discharge

Mr Saunders highlighted yesterday’s Environment Court’s decision is separate to QLDC making an emergency/retrospective consent application for earlier works at the Shotover site. 

In early-May QLDC made an emergency works application to the ORC, including QLDC having requested public notification; an option available to all applicants under the Resource Management Act 1991 (RMA).

The QLDC application is for retrospective consent for its emergency works at Shotover River wastewater treatment plant. The  emergency works enacted by QLDC were to bypass the problematic (soak) disposal field and to discharge treated wastewater directly into the Shotover river.

ORC is still assessing the application and further updates including a date for notification will be provided on the ORC website.

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.

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.