The final round of hearings into whether the Water Conservation Order on the Nevis River should be amended to prohibit dams was completed yesterday, but the issue seems destined for the Environment Court.
A special tribunal, appointed by the Ministry for the Environment to consider whether the WCO should be changed, has considered 248 submissions on the matter and spent 18 days hearing evidence in Cromwell and Dunedin during the past year.
It will report its findings to the Minister for the Environment, Nick Smith.
Although none of the parties involved would comment publicly on the matter, several have indicated the tribunal's decision is likely to be appealed to the Environment Court.
The New Zealand and Otago Fish and Game Councils have applied for the amendment to the WCO so that damming or diversion of the river is banned.
Pioneer Generation, which has been considering options for hydro-electricity schemes on the Nevis, is one of the organisations opposing the change.
Tribunal chairman Richard Fowler said yesterday "the onerous task of writing it all up now begins".
He could not give any indication as to when the report would be completed.
At the conclusion of the hearing, he paid tribute to all the people involved and said it was unusual for such a hearing to be completed "without rancour".
Pioneer Generation lawyer Kerry Smith and Fish and Game Council's lawyer Maree Baker gave their closing submissions.
Mr Smith said the 1993 tribunal which heard the original Water Conservation Order preserved the ability for hydro power generation.
". . . it clearly recognised the needs of primary and secondary industry and the community. It also implicitly recognised that any other attributes, whatever they are, had to be put aside," he said.
"Put shortly, in the weighing up exercise, the importance of potential power generation was so significant that the conservation purpose had to give way a little."
Submitters had failed to demonstrate the river's attributes were outstanding on a national basis and also failed to establish a connection between any outstanding attributes and the river, he said.
Ms Baker said the evidence had proven there were outstanding flora and fauna connected with the Nevis River that were deserving of protection under a WCO.
"You should not, in my submission, leave that protection to chance under other uncertain processes or statutory mechanisms . . . The WCO can, and should, provide certainty that these outstanding values will be sustained and protected."
Nevis River hearing
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: Closing submissions from lawyers.
What happens next: The special tribunal reports back to the Minister for the Environment, Nick Smith. The findings of the tribunal can be appealed to the Environment Court.
