Meridian Energy says it has proved the need for a new power scheme on the lower Waitaki River, and the Environment Court should grant it water.
Yesterday, Meridian filed in writing its closing legal submissions, meeting the deadline imposed by Judge Jon Jackson when a hearing into granting water-only resource consents for the north bank tunnel concept (NBTC) power scheme concluded in Christchurch on July 7.
"The evidence of Meridian's experts is comprehensive and clearly demonstrates the suitability of the NBTC project," Meridian counsel Jo Appleyard said.
Meridian was "critically aware" the river was valued by many diverse groups and had engaged with those parties and would continue to do so through extensive community involvement in what was proposed for the scheme, she said.
There was a compelling need for further large-scale electricity generation in New Zealand and that should come from renewable resources.
NBTC was "a good quality project and a highly appropriate response" to that need.
The scheme would have extensive benefits beyond the production of electricity - to the local and regional economy and to recreational river users, fisheries, birdlife, wetlands and stream habitats.
One issue which arose during the hearing was a scenario, raised by Judge Jackson, which sought to compare the NBTC scheme with other generation projects.
"Meridian is seriously concerned that . . . might be NBTC and Project Hayes (Meridian's wind farm proposal) or vice-versa," Ms Appleyard said.
It was up to individual generators to assess the opportunities and risk associated with each generation proposal, then make a commercial decision on whether to proceed.
For the court to seek, directly or indirectly, to make such decisions or second-guess those decisions made would be to develop a new, different and additional method of regulation outside and in conflict with established statutory and regulatory regimes.
The South Island urgently needed more electricity and it would be dangerous to rely on an "unproven expectation" that if NBTC was not built it would be met by another project.
"The court's assessment is to be done on the basis of NBTC's own merits," she said.
Ms Appleyard said cross-examination of expert witnesses appearing for Meridian during the court hearing confirmed their evidence was robust and their opinions remained that the effects of the scheme were acceptable.
