Late last year, I posted on the euphemistically-named ‘cubicle’ farming of dairy cows proposed in the South Island’s pristine McKenzie Basin.
The Parliamentary Commissioner for the Environment has today recommended that Environment Minister, Nick Smith use his call-in powers under the Resource Management Act 1991 (the RMA) to make a decision on the consents. The Act states:
Section 141B – Minister’s power to call in matters that are or are part of proposals of national significance
In deciding whether a matter is or is part of a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter—
(a) has aroused widespread public concern or interest regarding its actual or likely effect on the environment
Why is this of interest in a blog about animal law?
Well, although about 75% of the large number of submissions received by the Canterbury Regional Council mentioned deleterious effects on the cows, the question has been raised as to whether animal welfare issues can be legitimately considered as an ‘effect’ of dairy farming for the purposes of resource management consents.
The Council has received legal advice that they can not, nor can they provide grounds for a ministerial call-in.
The Council’s Chief Executive, Dr Bryan Jenkins, has said that the animal welfare issue is more appropriately dealt with under the Animal Welfare Act 1999 (the AWA). He also suggested that a stronger argument can be made for damage to New Zealand’s reputation in international dairy markets being an ‘effect’.
This is all the more incredible if we look at the statutory definition of “environment” in the RMA: Continue reading
Intensive indoor farming of dairy cows – which would be a first in New Zealand – is being proposed in South Canterbury’s Mackenzie region.
In this radical departure from current dairying practice in this country – grass-fed Friesians wandering outdoors – three companies: Williamson Holdings Ltd, Southdown Holdings, and Five Rivers Ltd (the director of which has an appalling record for pollution of waterways with dairying waste) are each applying for land use consents and effluent discharge consents to establish a total of 16 new farms.
These will house nearly 18,000 cows in so-called ‘cubicle’ shelters for 24 hours a day, eight months of the year. For the remaining four months, the cows will be kept inside for 12 hours a day.
This will produce a quantity of effluent equivalent to that of a city of 270 000 people. This vast quantity of waste will require 414 million litres of effluent storage capacity in ponds. 1.7 million litres of diluted effluent will be deposited on the land on a daily basis in an attempt to make the land fertile enough to grow feed in situ. This is a tall order; the Mackenzie Basin is one of the driest parts of the country and is covered in tussock grass. Until then, feed will be trucked in.
As with any form of intensive, indoor farming, there are significant welfare issues in housing animals in crowded sheds. Rates of infection are far higher and so greater amounts of antibiotics are generally required to keep the animals healthy. Taking cows, which are at least as intelligent as dogs, and confining them to small spaces is bound to be a traumatic experience. Nevertheless, in a radio interview earlier this week, the President of Federated Farmers, Don Nicholson, when pressed about the total confinement of the cows for eight months of the year made the frankly astonishing argument that:
We live in houses ourselves, we’ve adapted to intensification and I’m sure that farmers of New Zealand want to do their very best for the animals