The outstanding values of the Nevis River should not be left vulnerable to compromise, degradation, balancing acts and trade-offs, the special tribunal deciding the fate of the river heard yesterday.
The lawyer for the New Zealand and Otago Fish and Game Councils, Maree Baker, made that plea in her closing submissions on the 16th day of the Nevis river hearing.
The councils have sought an amendment to the existing Water Conservation Order (WCO) on the river, with the aim of banning dams and diversion of the river flow.
Pioneer Generation has plans for hydro development on the river but has not yet sought resource consents for such a venture. The company holds the leases of the Nevis Valley land it needs and had entered the tenure review process.
In return for freeholding the land it needed for any hydro project, the company said it would exchange other parts of the properties to become public conservation land.
A special tribunal appointed by the Ministry for the Environment has considered written submissions from 248 people on the amendment to the WCO and also heard verbal submissions. The final evidence will be heard in February.
"The Nevis River is unique, even when compared to other rivers already protected by water conservation orders," Ms Baker said.
It supported rare and threatened species, daring kayakers, sustained a locally, nationally and internationally known large trout fishery and was set in a challenging, remote and scenic high altitude location with immense appeal.
Information on the outstanding values of the river showed that hydro development could not coexist with the maintenance of the outstanding trout fishery, native fish, landscape, historic Nevis goldfields and kayaking values.
Ms Baker said Pioneer Generation believed the Nevis was an attractive option for electricity generation yet it had not finalised its plans for a hydro development on the river.
"There are other renewable energy options, but there is only one Nevis River."
The tenure review process provided no guarantee that the river's outstanding characteristics would be protected, she said.
The Department of Conservation's Otago Conservator Jeff Connell had given evidence to the hearing that the tenure review's protective covenants on the Nevis Valley land would "move aside" if Pioneer Generation was later successful in gaining resource consents to dam the Nevis.
Planner Carmen Taylor said the WCO was the best mechanism under the Resource Management Act to protect the outstanding characteristics associated with the Nevis river.
"Assessment of such values, as part of a resource consent process for a damming activity, as recommended by other planning experts, cannot guarantee the protection of these values," Ms Taylor said.
• A decision on the WCO amendment will not be made until next year. The final evidence will be heard in February. The tribunal will make a recommendation to the Minister for the Environment, Nick Smith. The tribunal's decision can be appealed to the Environment Court.
DAY 16
Tribunal: Richard Fowler (chairman), Carolyn Burns and Rauru Kirikiri.
Application: To amend the existing Water Conservation Order to prevent damming or diversion of the Nevis River.
Players: New Zealand and Otago Fish and Game Councils want the changes, Pioneer Generation, Contact, TrustPower and local authorities are among those in opposition.
Yesterday: Evidence was heard from planner Carmen Taylor and New Zealand and Otago Fish and Game Council lawyer Maree Baker presented closing submissions.
What happens next: The hearing has been adjourned until February for the final round of evidence, focusing on flora and fauna that might be affected by any hydro development on the Nevis.
Quote of the day: ". . . it is apparent that the features of the Nevis Valley that support the outstanding kayaking and fishing experiences will not be protected if any form of damming, inundation or diversion were to occur" - NZ and Otago Fish and Game Councils lawyer Maree Baker.
