The possibility of a ''compromise situation'' benefiting both sides of a land dispute was raised in the Environment Court sitting in Queenstown yesterday.
Detailed scientific evidence was given by three ecologists on day three of a hearing to consider Dougal Innes' application to cancel an interim enforcement order stopping him from farming his land at Hawea Flat.
The order was obtained by the Royal Forest and Bird Society of New Zealand, which has concerns about the potential loss of important indigenous vegetation on the site, which has already been largely cleared and disced by Mr Innes.
Arrowtown ecological consultant Glenn Davis appeared for the Queenstown Lakes District Council, having surveyed Mr Innes' land as part of an ongoing council project to identify areas of significant indigenous vegetation throughout the district.
During cross-examination by lawyer Graeme Todd - representing neighbouring landowner James Cooper, an interested party in the proceedings - Mr Davis was asked what he believed should happen with the land and whether it should be ''locked up'' in the future from further development.
''I would like to see some effort made to at least restore some of the land or maintain at least some of the disturbed land,'' Mr Davis replied.
Mr Todd said maintaining the interim enforcement order would have ''catastrophic implications'' for Mr Innes, as it would prevent him from gaining any income from the land.
He asked if Mr Davis had therefore considered a ''compromise situation'', where the order would be uplifted and some other means of protection applied.
Mr Davis said he had thought of other options, including leaving aside some of the land that had already been disturbed to provide for a ''sequence of vegetation'' spanning the site from the Clutha River to the upper terraces.
''In doing so, there would need to be some reduction in the area that Mr Innes has available for farming.''
Based on his observations, Mr Davis told the court further physical disturbance of the site would exacerbate the ''significant damage'' that had already occurred, but sowing and irrigating the land, as intended by Mr Innes, would ''fundamentally alter'' the whole site and the important plant communities found there.
The hearing continues in Queenstown today before Judge John Hassan and commissioners John Mills and Ian Buchanan. A decision is expected to be issued verbally by the court today or tomorrow.
The case is attracting a large amount of interest, with members of the farming community present each day in the public gallery and the district's Mayor, Vanessa van Uden, and Waitaki MP Jacqui Dean in attendance yesterday.
