A $400 million wind farm development near Gore has been delayed after the Environment Court ruled opponents may well get their day in court next year, but TrustPower says it is just wasting more public money.
Judge Jeff Smith has ordered both the power company and Upland Landscape Protection Society to prepare more evidence and get their cases ready for a possible hearing about the Kaiwera Downs project.
If both sides cannot agree, then a hearing will be called, probably in Gore, sometime after April next year.
The appeal was lodged by the society which was upset at the consent granted by the Gore District and Southland Regional councils to allow TrustPower to build its 240MW development at Kaiwera Downs near Gore.
The society wanted TrustPower to present all its facts and evidence about the proposal and because it claimed it had not, wanted the court to force the power company to relodge its entire resource consent application.
While Judge Smith has not accepted that argument, he has asked TrustPower to prepare more detailed evidence on the proposal.
Society lawyer Ewen Carr described the decision as "a good win for us" and a sign the court supported its call for as much information to be released about wind farm proposals as possible.
The society was still calling for a moratorium on all New Zealand wind farms until a full assessment has been conducted on their impact and true costs.
Meanwhile, TrustPower community relations manager Graeme Purches said both sides had been asked to go away and come back with more information.
He still believed it was possible a full-blown hearing would not be needed.
He criticised the society for its role in the Gore development, saying it had no interest in the Gore community and for wasting public money on legal fights.
By causing more delays, it meant the wind farm could be several more years before the Kaiwera Downs, and other projects, were ready to start.
Judge Smith has directed both sides to simultaneously exchange evidence on or before March 28 next year, serve any rebuttal evidence by April 11, and that the matter be set down for a hearing on or after April 28 next year.
For now, the court is assuming the hearing will be held in Gore, but Judge Smith acknowledged both parties would prefer Dunedin if an adequate venue can be found.
