Meridian Energy has formally closed its case in the Environment Court to be granted four water-only resource consents to build a $1 billion power scheme on the lower Waitaki River.
Meridian's legal counsel, Jo Appleyard, filed written closing submissions with the court after it had finished a hearing in Oamaru on July 5 and 6 of an appeal by the Lower Waitaki River Management Society and interested party, Moeraki resident Dugald MacTavish.
The hearing was to consider conditions after an interim decision in September by the court which said consents for the Meridian Energy Ltd north bank tunnel concept power scheme were "likely to be granted" if it could be satisfied with amended conditions, in particular relating to braided river birds and wetlands.
While agreement was reached with parties on most of the conditions, there were still some outstanding issues.
In particular, both the society and Mr MacTavish wanted a condition which would ensure Meridian cleared vegetation from the lower river between the Waitaki dam and the sea.
The court had indicated it could not consider such a condition because it was not required to mitigate directly any adverse effects of the power scheme.
Ms Appleyard also questioned whether the condition was appropriate.
There was a condition requiring Meridian to clear vegetation from the river along the 34km route of the tunnel between the dam and Stonewall, and a separate agreement with the Waitaki Protection Trust and Environment Canterbury for clearance from there to the sea.
However, both the society and Mr MacTavish requested the court impose a condition on clearance between the Stonewall and sea.
Mr MacTavish, at the hearing, requested a large number of changes to conditions beyond those which he had reached agreement on.
Ms Appleyard said they were changes Meridian did not agree with during discussions with Mr MacTavish.
Most of the changes he sought were not supported by expert evidence and were "not appropriate amendments to make in that circumstance", she said.
The court, comprising Judge Jon Jackson, commissioners Dr Alex Sutherland and Helen Beaumont and deputy commissioner Ken Fletcher, has reserved its decision.
