Meridian Energy is appealing an Environment Court decision
declining consents for its proposed $2 billion Project Hayes
wind farm in Central Otago.
It had until 5pm yesterday to lodge its appeal, which could
only be made on points of law, with the High Court.
Opponents of the wind farm said yesterday they were
disappointed but not surprised Meridian had appealed.
It was lodged with the High Court at Dunedin about 4pm
yesterday.
Upland Landscape Protection Society spokesman Ewan Carr said
he would study the 21-page notice of appeal and start
gathering resources to oppose it during the High Court
process.
Mr Carr said he thought the Environment Court's decision was
thorough, but accepted it was Meridian's legal right to
appeal.
"We can, and will, be heard and will muster the necessary
resources to do so, based on what points Meridian has
appealed on," Mr Carr said.
Cambrian artist and Save Central campaigner Grahame Sydney
said the appeal made it harder for small opponents, with
limited funding, to maintain the fight.
"It feels awfully like the well-moneyed corporate determined
to bulldoze on and get their way regardless of everything,
and we are going to have to hope for public support in order
to have legal representation upholding that decision," he
said.
It was "inevitable" Meridian would appeal so as not to "lose
face" and accept defeat, Mr Sydney said.
"It feels as though there is a stubborn arrogance to this
which is disappointing, but not surprising - it would have
been extraordinary for Meridian not to appeal - but we think
the decision will be upheld."
Meridian spokesman Alan Seay said the decision declining
consents set the bar too high for any potential developers of
major infrastructure.
"We think that this decision, if it's left to stand, places a
major impediment in the way, not just for renewable energy
development in New Zealand, but any development project of
any significance.
With any major infrastructure projects there are
environmental concerns but it's not the answer to set the bar
so high on environmental issues that it becomes impossible to
get consent for them, and we think this decision comes very
close to doing that," Mr Seay said.
In its 350-page decision, issued on November 6, the
Environment Court upheld an appeal against the granting of
initial consents for the wind farm, effectively cancelling
those consents.
It stated the adverse effect on the proposed site's landscape
outweighed the benefits of renewable electricity generation.
The 176-turbine wind farm on 92sq km of land would be the
largest in the southern hemisphere, with capacity to produce
about 630MW of energy each year: enough to power about
278,000 average homes.
Mr Seay said the decision set a pre- cedent that would
require any applicant to provide information, not just on the
project for which it was trying to get consent, but on other
potential projects regardless of whether they had been
confirmed.
"That information is very hard to be able to get hold of, if
accessible at all, and that's the crux of our appeal.
"We fear the decision would set a paralysis for projects as
applicants would find it too difficult and time-consuming to
seek consents," he said.
It would be up to the High Court to set a date for
proceedings to begin, he said.
In 2006, Meridian lodged resource consent applications for
Project Hayes with the Central Otago District Council, and
the following year with the Otago Regional Council.
Several individuals and environmental and recreational groups
opposed the consents being granted and appealed to the
Environment Court.
The appeal hearing began in May 2008 and was completed in
February this year, after three adjournments.
rosie.manins@odt.co.nz
