Decision on power scheme in court's hands

A decision on whether a new $993 million power scheme can be built on the lower Waitaki River is now in the hands of the Environment Court.

• Impact of Waitaki water loss 'irreversible' 

The court has spent 11 days considering evidence on a proposal by Meridian Energy Ltd to build the north bank tunnel concept scheme on the river between the Waitaki dam and Stonewall.

Meridian was granted four water-only resource consents by Environment Canterbury in December last year for the scheme to take up to 260cumecs of water from the river into a 34km-long tunnel with one power house.

But those consents were appealed to the court by four groups and a Waitaki Valley farmer, Garth Dovey. Two of the groups and Mr Dovey withdrew their appeals and one decided not to oppose the scheme, leaving the Lower Waitaki River Management Society as the only appellant.

In addition, there were nine interested parties, with two - Waitaki First and Dugald MacTavish - appearing before the court.

Yesterday the court adjourned and reserved its decision after hearing closing submissions from Mr MacTavish and Waitaki First, represented by chairwoman Helen Brookes.

Meridian's legal counsel Jo Appleyard will provide her closing in writing to the court by July 17.

Tomorrow Judge Jon Jackson and the three commissioners will carry out a site visit, which will include seeing the lower river from the mouth to Waitaki dam by helicopter and a jet boat tour from Kurow.

On the ground they will visit 10 sites, from Ferry Rd on the south side to the Stonewall on the north side. That includes the river itself, wetlands, the Lower Waitaki Irrigation Company intake at Bortons, the site of the intake above the Waitaki dam and its outfall at Stonewall.

Representatives from the society and interested parties will also be on the tour, but Judge Jackson warned they were not able to discuss the case with himself or commissioners.

"We can talk about the weather or other things, but it is very important no-one tries to subvert the process."

The court has also requested some additional information, the last of which has to be filed by July 15.

However, once a decision is delivered it may not be the end of the process. Judge Jackson indicated that if - and he emphasised the "if" - consents were granted, then parties involved would need to come back to the court with comment on conditions.

If Meridian does get consents for the water, it will still have to apply to the Waimate District Council for land-use consents to build and operate the scheme. It will also have to make a decision on whether the scheme is economically viable.