26 April 2023
File Ref: 2023-064-FYI
Kris Roestenburg
By email:
[FYI request #22283 email]
Tēnā koe Kris,
Request for information 2023-064
I refer to your request for information dated 27 March 2023, which was received by Greater
Wellington Regional Council (Greater Wellington) on 28 March 2023. You have requested the
following:
1. Why did the GWRC not come out and inspect the breaches that were occurring?
2. Has the GWRC ever heard of noise control never coming out? And if not why do they believe that
the response to these two discharges are acceptable?
3. (sic) What action has been taken against Interwaste for the constant breaches of their discharge
permit over the past 5 years?
4. I’d like a copy of all the smelt complaints made against Interwaste along with the actions that
the GWRC has taken against each complaint
Please be aware that Greater Wellington can only provide you with the official information that we
hold. We are also providing relevant contextual information which hopefully provides some
assurance to our best practice methods.
Greater Wellington’s response follows:
Your questions are provided below with our answer to each respectively.
1. Why did the GWRC not come out and inspect the breaches that were occurring?
The Environmental Protection Officer who was on duty at the time of the complaint on 22 March
2023 was unable to attend as they were attending another incident regarding the unauthorised
discharge of contaminant, namely hydraulic fluid into Waiwhetu Stream, in breach of Section
15(1)(b) of the RMA.
Wellington office
Upper Hutt
Masterton office
0800 496 734
PO Box 11646
PO Box 40847
PO Box 41
www.gw.govt.nz
Manners St, Wellington 6142
1056 Fergusson Drive
Masterton 5840
[Wellington Regional Council request email]
The Environmental Protection Officer who was on duty at the time of the complaint on
23 March 2023
was unable to attend on site for the required odour assessment, due to being in
Kāpiti area, and carrying out an investigation relating to an incident involving the Ōtaki River.
The investigation into such incidents, and the capacity for other officers within the region meant that
the odour complaints recorded on the 22 March 2023, and 23 March 2023, could not be attended
to readily, and an odour assessment was not conducted as per the complainant’s request.
2. Has the GWRC ever heard of noise control never coming out? And if not why do they believe
that the response to these two discharges are acceptable?
Greater Wellington does not regulate noise on land, so we are not familiar with noise control officers’
attendance.
Greater Wellington understands the responsibility it holds to monitor and assess compliance with
the RMA, provided there is the appropriate capacity to carry out such assessments. Given the duty
officer at the time was attending other incidents, the odour assessments were not carried out.
The two other incidents which were being investigated at the time, involved the discharge of
hydraulic fluid to Waiwhetu Stream, and the unauthorised earthworks within 5m of Ōtaki River were
provided priority given the time in which each of the incidents were logged, and of the locations the
incidents were occurring.
• Under the proposed Natural Resources Plan (pNRP), for the Greater Wellington Region (Appeals
Version), the Ōtaki Stream is considered as Schedule F1, indicating a stream of high character,
i.e., the ecosystems habitats to which the stream holds are home to significant indigenous and
biodiversity values.
• Under the proposed Natural Resources Plan (pNRP), for the Greater Wellington Region (Appeals
Version), the Waiwhetu Stream is considered as a Schedule F1b, indicating a stream which feeds
into parts of the coastal marine area, and which contains inanga spawning habitat and holds
significant natural character.
The two odour incidents relating to Interwaste were logged at the same time as the two incidents
mentioned above. When multiple notifications are received at once, the Environmental Protection
Officer on duty must prioritise the notifications and attend the incidents they consider the most
significant. On this occasion, based on the importance of the ecological receiving environments
mentioned above, the significance of each of the contaminants, and evidence of breaches to Section
9(2)(a) and 15(1)(b) of the RMA, a decision was made to attend the other incidents in the Waiwhetu
Stream and Ōtaki River.
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3. (sic) What action has been taken against Interwaste for the constant breaches of their
discharge permit over the past 5 years?
Greater Wellington issued resource consent WGN110357 on 14 July 2011 for the discharge of
contaminants to air, namely odour arising from the operation of a waste sterilisation facility, to
International Waste Limited.
Under this consent, monitoring and compliance inspections have been conducted, both from
reported odour complaints, and under compliance requirements set out within the parameters/
conditions of the consent. Greater Wellington is aware of the responsibilities and actions it must
carry out in terms of ensuring that no unauthorised discharge, namely that of offensive and
objectionable odour is witnessed beyond the boundary of their property.
In the past year, Greater Wellington has received numerous complaints relating to odour from
Interwaste, which Greater Wellington Officers have attended and assessed. On occasions that odour
is not smelt by officers, a full odour assessment is not undertaken. If an officer detects odour on
attendance, a full odour assessment is completed.
On 12 January 2023 Greater Wellington conducted an on-site investigation to assess compliance
with the RMA, and relative resource consent WGN110357. In light of this investigation, offensive
and objectionable odour was assessed to be causing an adverse effect, and an infringement notice
was issued against the offending party, ‘Interwaste’ on 10 February 2023
under Section 15(1)(c) of
the RMA.
• All recorded odour assessment sheets are attached as
Attachment 1 (three in total).
• Infringement I888 is attached as
Attachment 2.
4. I'd like a copy of all the smelt complaints made against Interwaste along with the actions that
the GWRC has taken against each complaint.”
On 20 April 2023 clarification was sought from you to ensure that the above question was answered
with the aprropriate information. As no response providing clarification was received, we provide
the following information which we consider falls within the scope of your request:
❖
“Kia ora Kris,
I hope this email finds you well.
I have recently been assigned the task of completing your LGOIAMA request, due on 26 April
2023, and currently seek the clarification on the below question,
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“3. I'd like a copy of all the smelt complaints made against Interwaste along with the actions
that the GWRC has taken against each complaint.”
By this, are you meaning to state that you wish to obtain all actioned/ completed odour
assessments by the GWRC Environmental Regulation Staff, in light of any reported odour
complaints made against Interwaste?
Or,
All the times odour has been reported about Interwaste, to the GWRC, and the records we
have of all of these complaints?
It would be great to get your clarification on the above, so we are able to provide you with
the correct information going forward. However, if I have not heard back from you by the 24
April 2023 COB, I will assume that you are referring to all conducted odour assessments
carried out by our Environmental Regulation Department, in light of each recorded odour
complaint made against Interwaste. All other relevant information will be supplied as per your
relevant questions”.
Provided there was no response to our email seeking clarification (above), all odour assessment
sheets where the odour was ‘
smelt’ are attached within Attachment 1, together with the
Infringement Notice (Attachment 2).
If you have any concerns with the decision(s) referred to in this letter, you have the right to request
an investigation and review by the Ombudsman under section 27(3) of the Local Government Official
Information and Meetings Act 1987.
Please note that it is our policy to proactively release our responses to official information requests
where possible. Our response to your request will be published shortly on Greater Wellington’s
website with your personal information removed.
Nāku iti noa, nā,
Al Cross
Kaiwhakahaere Matua Taiao | General Manager Environment Management
Encl: Attachment 1 and 2
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Attachment 1
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