Cycle trail subject of dispute

Fiordland Trails Trust is "extremely disappointed" after negotiations with Environment Southland failed in relation to a breach on the Lake 2 Lake trail.

The trust breached the council's water and plan rules by building a cycleway which encroached on a wetland.

An ecologist engaged by Environment Southland found the effect of the construction was "more than minor", on the basis of hydrological effects and removal of vegetation of the site.

An abatement notice was issued which required the trust to apply for a retrospective resource consent for the 35m-long section of the 4.7km track.

Trust chairman Stephen Hoskin said ecologists from council and the trust had differing opinions. The trust's specialist said the effects were "less than minor".

However, he said they agreed on action to mitigate the effect of the track.

It was established the trust should re-evaluate the potential fish passage through culverts installed under the trail, excavating one side of the track, filling with water and monitoring.

The trust also needed to undertake a further pest plant management.

Mr Hoskin was disappointed Environment Southland proceeded with publicly notifying the consent as it was agreed the trust would complete "compensatory work".

"I think it is unnecessary, as we were willing to do all the remedial work. It is disappointing because it will take us a lot of work and a lot of money. We can't see the environment really have any benefit in that process. The trail is already there."

Before the track construction, the trust liaised with Department of Conservation, Fish and Game and Southland District Council about the methods and location of the cycleway.

The Southland District Council's consent said the trail should be 30m away from the Moturau Heights subdivision boundary.

Mr Hoskin said trust applied for an amendment of the resource consent as the initial requirement would "push the track further into the wetland".

After it approval, he thought the trust had avoided the crossing in the wetland area.

"But we [were] deemed to [have done] so."

He said the costs for a public consultation could cost the trust between $10,000 and $20,000.

"Environment Southland can abate this value but it's not guaranteed. Now we find ourselves battling our regional council over a small 35m section of the constructed trail."

Mr Hoskin said the trust had great support from the community.

"We counted over 45,000 people [annually] enjoying our trail. Now we are asking to them do their submissions to assist us achieve the consent."

Environment Southland's consents manager Michael Durand said consent applications must be notified if the adverse environmental effects are "more than minor".

"The effects, in this case, have been judged to be more than minor."

The proposed Southland Water and Land Plan contains specific rules for protecting wetlands.

"The complaint was in relation to the noticeable change in the wetland that the walkway runs through. From here submitters and the applicant can object to council or appeal to the Environment Court on the merits of the decision."

Submissions to the Environment Southland close on June 4.