Head winds buffet Pain Farm effluent spray dispersal plan

By Ray Lilley

The slow realisation that Martinborough’s 85 hectare trust-owned Pain Farm would see 93 million litres of sewage effluent a year sprayed onto its land has become “the cause of agitation and concern,” according to Mayor Martin Connelly.

At a council meeting Feb. 21 it emerged:

* the sewage effluent disposal plan has unresolved legal issues over the proposed land use;

* the Martinborough Community Board, as Pain Farm trustees, may not have been consulted over the plans;

* SWDC may not be paying the trust to use part of its land for the rubbish transfer station; 

* public consultation nearly a decade ago is under serious question, while Mayor Connelly claims it was “good” and at the time there were “no major objections to the plans for waste water dispersal.” 

* The present intention was “to grow silage and baleage for sale to raise money.”

* That by 2035 the whole of the property could be used for sewage effluent spraying.

Connelly insisted to the meeting that the original public consultation was “good. Nobody objected to the level of consultation.” 

“People may not be aware of the history and the fact it had widespread support when it was made (recommended to council in 2016),” he told the  meeting.

It was worth the council seeking another Supreme Court order to see whether (the plan to use Pain Farm land for effluent) does or does not meet (legal) requirements.”

The Mayor proposed the council provide “a good summary of the history” of the Pain Farm issue for the public and “seek further legal advice” to clarify key matters.

Community Board member Mel Maynard was adamant that Pain Farm “did not come to the Board table” even though the Board is the trustee for the farm. “None of this, it never came to us,” but “it must be publicly consulted. Anything like this must be fully, publicly consulted.” 

It was “very distressing” that neighbours of the property had not been consulted, when everybody in the town has an opinion on the farm and its use.

Maynard noted that money made from Pain Farm was designated in the will of the late George Pain for sportsgrounds and children’s playgrounds. 

“The money in it is meant to go towards community assets within the Martinborough township.”

Maynard insisted the 2002 Local Government Act says land “can only be used for the purpose stated,” with the 85 hectare farm held in trust for the benefit of Martinborough people.

“You must consult. We, the people of Martinborough, we own it,” and “council should not grab this land to take it away.” 

She called the council website “inaccurate” when it details how widely the issue has been consulted on, adding that “15 people was not wide consulation.” 

The prospect that “people will say no is not a reason not to consult.” 

Councillor Aidan Ellims said he approved of moves to seek a fresh legal opinion and further information on the proposal. 

“I certainly agree there are issues and concerns within the community.” 

Council chief executive Janice Smith noted the need “to clarify” the information councillors and residenrs have and to “clarify the legal position.”

Councillor Olds was “a little disappointed we are relitigating what’s already gone through the (council) table. Do we cast a lens over every action and every decision that was made?”  

Councillor Pip Maynard noted that “with all the documentation we received … there was nothing ever showing that approval went through to change the designation to be able to use waste water” on the farmland.

She also noted the council should be paying for using Pain Farm land for the local transfer station.

“I’ve seen  no funds or money paid … by council to the Community Board,” adding “I can’t find where the change to the land use was done in the council papers.”

Community Board chair Storm Robertson said a wide range of public opinion needs to be sought “to make sure we cover everything” around the issue.

The meeting agreed to set out the “history” of the Pain Farm issue for the public and seek a legal opinion on using Pain Farm for waste water dispersal.

Mel Maynard asked what the community board, “as kaitiaki [guardians] of Pain Farm, could do to stop the designation” of the 85 hectares of farm land for waste water disposal.

Some legal notes around Pain Farm – March 2024

1. George Pain’s 1932 Will saw the farm and buildings bequeathed to Martinborough Town Board.

2. The property “as far as possible be made available as a sportsground for the residents … and as a playground for the children.”

3. In 1966 the Supreme Court directed that income from the property “should be used … in maintaining and improving the borough’s parks, sportsgrounds, camping ground, swimming baths … sports facilities and children’s playground.”

4. This ruling followed the council telling the court the “best” way to fulfill Pain’s requirements was “by retaining the property as an endowment … and the revenue therefrom for the development of those amenities within the borough.” The court agreed.

5. A legal opinion from Phillips Fox notes Pain Farm earnings cannot be used outside Martinorough (i.e. in Greytown or Featherston).

6. It notes SWDC can’t “regard itself as absolute owner of the land … because the land is held as a Trust.”

7. SWDC is “required to obtain a Court Order” to use “a portion of the land” for a purpose  (effluent dispersal) “not consistent with the terms of the Will/Court order” from 1966.

8. SWDC should look at: whether the disposal plan will impact on the income and value of the land; whether the land is suitable for human waste disposal; whether there are Iwi-related issue.

9. SWDC should “consult the public as ‘landowner’ of Pain Farm” over the land use change.

ends