Parties involved in an Environment Court appeal hearing on Meridian Energy's proposed $1.5 billion Project Hayes wind farm have been told to stop discussing the development with media outside the court.
At the hearing at Cromwell yesterday, Judge Jon Jackson urged all parties involved to be restrained in their dealings with national radio, television, and print media where Project Hayes was concerned.
"Opponents of the Meridian proposal and their friends have been rather vocal in their opinion of the project.
"We remind all parties that these proceedings are still being heard in a court, and therefore sub judice must be taken into consideration.
"Comments on the proposal in the media should stop," Judge Jackson said.
Meridian had not made any sort of complaint to the court to prompt the judge's ruling, which was made from his own observations of the media and born of his corresponding concerns.
When questioned about his ruling by appellant party Maniototo Environmental Society counsel Mike Holm, Judge Jackson said it was inappropriate for claimed advantages or disadvantages of the 176-turbine wind farm, proposed for Central Otago's Lammermoor Range, to be discussed publicly through media.
"All I can say is I have been a bit troubled by statements reported in the media. Clearly your client [MES] has strong views, and when they've expressed them in court we take them into account to the extent we think appropriate.
"Running a national campaign with weekly or monthly comments on the violation of the Lammermoor Range, or whatever is said at the time, is inappropriate. At the moment they are simply going to have to stop that sort of thing until a decision has been given,"Judge Jackson said.
He referred to a national campaign in opposition to Project Hayes, which has been run by the group Save Central, which has ties to MES and the Upland Landscape Protection Society.
"It's not a good look in terms of the appliance of pressure being brought on the court, which we like to think we can resist. [MES and ULPS] can have as many meetings as they like but they shouldn't go speaking to journalists or have things reported on national radio or television.
"We wanted to say this today because you [MES] haven't won the war but you've won a minor skirmish [with an application for new evidence granted], and we don't want too much rejoicing in the media about it," Judge Jackson said.
ULPS counsel Ewan Carr said the group relied on media content, in that it was a group which needed public funding, and the ability to point out various concerns that needed to be addressed was a mechanism the group used to attract support.
"The flipside of this particular argument is that there is constantly material in the media about the wind industry, as it puts its case across to the public of New Zealand. Not to be able to balance that argument in the media with factual information would be a disadvantage," Mr Carr said.
Judge Jackson said the panel was not trying to stifle debate about the advantages or disadvantages of wind generating energy.
"People can get as vocal as they like about that. If you are going to mention Project Hayes then you need to be a lot more careful,"he said.
In theory, while not a common practice, Environment Court judges have the legal authority to take action on situations where there is perceived to be a contempt of court.
While Save Central is not a formal participant in the Environment Court proceedings, it is responsible for media advertising campaigns labelling Project Hayes a destructive development unwanted in Central Otago.
Co-ordinator Graye Shattky said the group was conducting a national campaign to gain support for an appeal by the the Maniototo Environmental Society and Central Otago Environmental Society (COES) against the initial granting of consent for the wind farm last year.
Mr Shattky said Save Central was a legal subcommittee of the COES, which had lodged an appeal as a Section 274 party of the MES in the Project Hayes appeal hearing.
Outside the court yesterday, Mr Shattky said he would not comment further about the future of Save Central's campaign and whether it would continue without specific mention of Project Hayes.
"We respect the judge's ruling, and in that light I won't make any further comment at this stage," he said.
Members of Save Central include former All Black Anton Oliver, Central Otago artist Grahame Sydney, and Central Otago poet Brian Turner, none of whom were available to comment on the group's campaign yesterday.
