River damming appeals all different

Three very different appeals to the Nevis River special tribunal's report have now been lodged with the Environment Court.

Whitewater New Zealand, New Zealand and Otago Fish and Game councils, and power company Pioneer Generation have all focused on different elements of the report.

The tribunal, appointed by the Ministry for the Environment to consider an amendment to the Water Conservation Order (WCO) on the river, has recommended damming or diversion be forbidden. It said the prohibition was necessary to protect the habitat of a native fish called Gollum galaxiid - a species found only in the Nevis River.

Whitewater New Zealand, a recreational kayaking group, has made a submission asking for the "nationally outstanding whitewater kayaking amenity provided by the Nevis River" to be protected by the prohibition on damming.

In its report, the tribunal considered the kayaking amenity but decided that element had already been addressed at the original WCO hearing.

The national and Otago Fish and Game councils, which sought the amendment to the WCO, welcomed the majority of the report's findings and the recommendation.

However, it has filed a submission to the Environment Court asking that the river's wild and scenic landscape values and trout fishery values also be recognised as "outstanding" when the matter is reconsidered.

Pioneer Generation, which was considering hydro development on the river, is opposing the tribunal's recommendation. In its appeal, the company said the determination that changes were needed to the existing WCO to protect the native fish and its habitat were "wrong and unnecessary."

It asked the Environment Court to reject the tribunal's ban on damming.

The application for an amendment to the WCO attracted 248 submissions, and evidence was heard in Cromwell and Dunedin in May, June and August last year. Further evidence was heard in April and May this year.

Supporters of the amendment, Forest & Bird and the Clutha Fisheries Trust, this week expressed their disappointment that Pioneer had appealed.

Forest & Bird Otago Southland field officer Sue Maturin said the tribunal had accepted there was a compelling case to ensure the protection of the special fish species.

"We are disappointed Pioneer cannot accept there are other values that outweigh their desire to exploit one of the least modified rivers in Central Otago," she said.

Clutha Fisheries Trust chairman Dan Rae said yesterday the trust welcomed the tribunal's findings.

"We think it was a very well-considered and put-together decision by the special tribunal, and we were pleased to see the trust-funded research into the Gollum galaxiid shone the light for them about this special native fish."

• Submissions on the report close on Monday. The Environment Court will hold an inquiry into the matter and provide a report and recommendations to the Minister for the Environment.

A judicial conference to set dates and sort out details for the next round of proceedings will be held in the Environment Court at Queenstown on November 26 .

- lynda.van.kempen@odt.co.nz

 

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