The Department of Conservation will not be taking sides during the Environment Court appeal on whether the Nevis River should be dammed or diverted.
A special tribunal, appointed by the Ministry for the Environment, has recommended the water conservation order on the river should be amended to prohibit damming and diversion, to protect a native fish, Gollum galaxiid, a species found only in the Nevis River.
Three of the 248 submitters who aired their views on the topic have appealed the tribunal's recommendation to the Environment Court and a conference to set dates and arrange details for the next round of proceedings will be held at at Queenstown on November 26.
Otago Conservator Marian van der Goes said yesterday that the Department of Conservation would take a neutral position during the appeal hearing.
"Doc has maintained the same neutral stance it had on the amendment application before the Special Tribunal hearing completed earlier this year, " she said.
Pioneer Generation has plans for hydroelectricity development on the river but has not yet sought resource consents for such a venture.
The company holds the leases of the Nevis Valley land it needs and has entered the tenure review process.
In return for freeholding the land it needed for any project, the company said it would exchange other parts of the properties to become public conservation land.
During the water conservation order hearing last year, the tribunal was told the Department of Conservation was "neutral" and would not stand in the way of Pioneer's plans.
Appeals to the Environment Court have been lodged by Pioneer, the New Zealand and Otago Fish and Game councils and national recreational kayaking group, Whitewater New Zealand.
The court will hold an inquiry into the matter and provide a report and recommendations to the Minister for the Environment.
