The Whakatāne District Council will be requesting an urgent Environment Court hearing of appeals against the resource consents and notices of requirement issued for the Matatā Wastewater Scheme.

Consents for the scheme were granted by independent commissioners in June following a two-day hearing. The commissioners’ decision report commended the “extremely high level of comprehensiveness and quality” of both the application documents and the applicant’s submissions and evidence. Appeals against the commissioners’ decisions have since been lodged on behalf of Sustainable Matatā Incorporated.

The proposed $13.2 million wastewater scheme is dependent on subsidy funding offered by the Ministry of Health – a grant of $6.7 million from the Ministry’s Sanitary Works Subsidy Scheme – and a further $1.88 million grant from the Bay of Plenty Regional Council. Both grants are time-dependent, and the Council is therefore seeking a hearing of the appeals before the end of 2014.

Whakatāne District Council Chief Executive Marty Grenfell says the Ministry of Health’s revised subsidy conditions require that, in the event of any appeals against the resource consents, construction of the scheme must have commenced by 30 June 2015, while the Regional Council grant must be drawn-down by 31 March 2015.

“Accordingly, the Council will apply to the Court for directions which would see a statement of issues and list of witnesses to be called and cross examined by Sustainable Matatā Inc. filed by the end of August and statements of evidence and rebuttal statements to be exchanged in September,” he says. “That would allow a hearing to proceed at any time from mid-October onwards, and the Court’s findings to be delivered in a timeframe which would not affect the scheme funding.”

Mr Grenfell says the Council will also offer to participate in mediation, in an endeavour to resolve the matter without the need for a Court hearing, providing that does not delay the process. “Our primary concern is to protect the interests of the Matatā community, and the wider District, and that clearly requires a timely resolution to this situation.”