Gallo and Williams v Chief Executive, Department of Environment and Resource Management

The appeals before the court were brought by Gallo and Williams, who sought to appeal decisions made by the Chief Executive, Department of Environment and Resource Management to refuse their applications for water licences to take subartesian water. The appellants argued that the refusal of their applications was unreasonable, and that they should be granted licences to take water as they sought. The central issues before the court were whether the granting of the licences would have a direct adverse effect on surface water flows, and what the cumulative impact of the granting of the licences on surface water and groundwater flows would be. These issues were considered by the court in light of the evidence presented by both parties, including hydro-geological evidence from expert witnesses.

The court found that the hydro-geological evidence demonstrated a significant level of connection between aquifers in the area and surface streams, and that the granting of the licences would have a direct adverse effect on surface water flows. The court also found that the cumulative impact of granting the licences would further reduce water security for existing entitlement holders downstream, and further reduce the likelihood of meeting Water Allocation Security Objectives and Environmental Flow Objectives. The court held that the refusal of the appellants' applications was reasonable, and that the appellants' appeals should be dismissed.