ECan moves to close water bottling loophole with new rules

Wednesday, 24 June 2026

Environment Canterbury is sorting out some unintended consequences arising from a lawsuit, said chairperson Deon Swiggs.

Environment Canterbury councillors are expected to bring a divisive era in the region’s fresh water regulation to an end on Wednesday.

Barriers that have delayed important infrastructure projects and the creation of beneficial wetland areas will likely be lifted with the approval of Plan Change 8 – which covers water-related changes to several regional plans.

The change, part of the Canterbury Land and Water Regional Plan, will close the loophole that bottling companies wanted to exploit, by making it clear that bottling water is not allowed without a fresh consent.

The Wizard welcomed the thousands of protesters to Cathedral Square during the protest in March 2019 against Cloud Ocean Water.

The water bottling issue was Environment Canterbury’s (ECan’s) response to the “unintended consequences” of the Cloud Ocean Water lawsuits, said chairperson Deon Swiggs.

That litigation started in 2020 and was resolved by the Supreme Court in 2023, but not before ECan’s interpretation of its own rules for the “take and use” of water held up numerous public and private developments.

Matters got testy, with Christchurch City Council complaining that ECan’s interpretation meant trees could not be planted if they disturbed groundwater and that construction in the red zone could not proceed.

Constructing and expanding wetlands will be encouraged by the rule change.

The council even contributed $50,000 to anti-water bottling group Aotearoa Water Action (Awa) to sue ECan in the Cloud Ocean case, a rare intervention.

A public protest against water bottling in March 2019 drew about 2000 people.

Fresh consents are unlikely, given that water is over-allocated in much of Canterbury.

The city council declined to comment until it had read the plan change documents.

On constructing wetlands, Swiggs acknowledged rules for building or expanding wetlands were “quite restrictive” and needed liberalising to encourage farmers and others to create more of them.

Under Plan Change 8, there would be a “single, more enabling” suite of rules for projects that had the “sole purpose of environmental enhancement”, according to briefing papers prepared by staff.

The plan change also liberalises water rules for “critical infrastructure” projects such as road and rail networks, hospitals, telecommunication facilities and marae, subject to conditions.

This was done “in recognition of the benefits of infrastructure to the community”.

Plan Change 8 was to have included new rules for “agricultural intensification” but in December 2025 the Government legislated against more freshwater regulation by regional councils.

ECan had to get special permission from Chris Bishop, the minister responsible for RMA reform, to push forward the water bottling, wetland and infrastructure provisions going before councillors on Wednesday.

If passed, the plan will go out for public consultation on July 4 for a month, followed by a public hearing expected to cost between $600,000 and $1 million.