Originally, five appeals against the north bank tunnel concept scheme were lodged with the court in January, but four of those, including two major groups, will probably not now oppose the project after reaching agreements in discussions with Meridian.
Last month, the Waitaki Protection Trust announced it would not oppose the scheme, settling its concerns after discussions with Meridian.
On Thursday, Ngai Tahu and its Arowhenua, Moeraki and Waihao runanga said they would withdraw their appeal, satisfied it could reach an agreement with Meridian.
Yesterday two other appellants - Black Point farmer Garth Dovey and the Ngai Tahu-Mamoe Fisher People - also said discussions with Meridian had reached a point where an agreement was likely and they would withdraw their appeals.
If that happens, the Lower Waitaki River Management Society will be the only appellant left.
Society chairman Bill Penno said yesterday it would be having discussions with Meridian, but at this stage was unable to say whether agreement could be reached.
It would pay for the court case with a $40,000 grant from the Ministry for the Environment and donations from members.
"We would not be going ahead if we could not pay for it," he said.
The society was still "actively putting together its case" and would be ready to proceed when the hearing opened on June 22 in Oamaru, Mr Penno said.
In addition, there are nine interested parties.
The appeals were lodged against Environment Canterbury granting, at the end of last year, four water-only resource consents for the scheme, after a process lasting more than two years.
If the court approves the consents, Meridian still needs to decide to proceed to the next step and apply to the Waimate District Council for land use consents to build and operate the scheme.
Waitaki First chairwoman Helen Brookes yesterday was "not surprised, but disgusted" Ngai Tahu was withdrawing its appeal.
Dr Brookes understood the Ngai Tahu Claims Settlement Act gave Ngai Tahu statutory acknowledgement over a large number of South Island places it had special interest in, including the Waitaki River.
That included making Ngai Tahu more effective in participating in the Resource Management Act process, as well as protecting areas of significance to Ngai Tahu.
"What does that protection amount to if you never take up that option?" she asked.
Ngai Tahu could have "made a real stand on behalf of the Waitaki", but had now decided not to exercise what the Government had granted them under the Act.
Dr Brookes still believed the river management society could oppose the scheme in court, but one difficulty was finding expert witnesses other than those employed by Meridian or other appellants.
That placed a huge expense and load on a society that was made up of volunteers.
State of play
> The north bank tunnel power scheme, from Meridian Energy Ltd, valued at $900 million, would take up to 260cumecs of water from Lake Waitaki into a 34km tunnel between the Waitaki dam and Stonewall, with one powerhouse generating between 1100 and 1400GWh a year.
> Environment Canterbury granted four water-only resource consents in December for the power scheme.
> Five appeals were filed with the Environment Court by the Waitaki Protection Trust, Lower Waitaki River Management Society, Ngai Tahu, Ngati-Mamoe Fisher People and Black Point farmer Garth Dovey.
> Ngai Tahu and runanga withdrawing appeal.
> Waitaki Protection Trust now not opposing scheme.
> Mr Dovey and Ngai Tahu-Mamoe Fisher People likely to withdraw appeal.
> Lower Waitaki River Manage-ment Society only appeal left.
> Interested parties: Central South Island Fish and Game, Waitaki First, Lower Waitaki Irrigation Co, North Otago Irrigation Co, Maerewhenua District Water Resources Co, Kokoamo Farm Ltd, K and D Farms Ltd, Wainui Station, Dugald MacTavish.
