The seven-year battle to protect the Nevis River from damming ended yesterday with anglers and kayakers the victors and the wrangle costing the public about $1.25 million.
Environment Minister Amy Adams had the final say after considering evidence from a special tribunal hearing and an Environment Court case devoted to the issue. She decided to ban damming or diverting the Nevis, to protect ''a unique native fishery and an unusual river feature''.
Ms Adams' decision, made public at a press conference in Arrowtown yesterday, was greeted with delight by the New Zealand and Otago Fish and Game Councils. Seven years ago, the councils sought an amendment to the water conservation order on the river, to prohibit damming. The original order had ''left the door open''.
Whitewater kayaker advocacy group Whitewater NZ had backed the councils' plans and was also elated by the decision.
Community-owned Pioneer Generation, which had plans for a small hydro dam on the river, was ''obviously disappointed'' by Ms Adams' ruling, spokesman Peter Mulvihill said. There was no right of appeal on the minister's decision, although it was subject to judicial review.
Asked if Pioneer would seek such a review, Mr Mulvihill said: ''I can't speak for the company directors, but I doubt it.''
Ms Adams said it was a difficult decision but she was confident the benefits of banning future damming were ''more compelling and of greater national benefit'' than keeping open the option for future hydro development.
The latter option was ''relatively insignificant in terms of New Zealand's overall electricity generation capacity'', she said.
''It is important to protect the Nevis galaxiid and trout fisheries, and the wild and scenic characteristics of the river, especially for fishing and kayaking.''
The Environment Court was divided on the matter after its hearing and sent two reports for Ms Adams to consider. Two of the three commissioners favoured a ban on damming, while the other, Judge Jon Jackson, recommended the potential for a small dam on the river be left open, subject to certain conditions. Ms Adams opted to confirm the majority finding. Otago Fish and Game chief executive Niall Watson said it was ''absolutely marvellous'' and reflected public opinion.
''All that effort and cost was well worth it, considering the river is now permanently protected ... The decision is a win for all outdoor recreational users''.
The Nevis was unique because of the range of values it had - the landscape, the fishery and its history - and the original water conservation order created a high level of uncertainty by leaving the door open for a dam to be considered, Mr Watson said. The councils had spent about $630,000 on the case over seven years. That figure included legal expenses and the cost of expert witnesses who gave evidence at the special tribunal and in the Environment Court.
''As a result of that, we understand the Nevis now better than any other fishery in Otago and that'san important investment for our future management as well as adding protection,'' Mr Watson said.
Pioneer is owned by the Central Lakes Trust, which was formed with assets from the former Otago Central Electric Power Board . Profits from Pioneer boost the trust's grants fund.
Mr Mulvihill, Pioneer's general manager (development and delivery), said the company had spent about $500,000 on the case.
''While we are only aware of our own costs, we would guess the cost of this process to all parties would be in the order of $1 million and most of that would be community money.''
''This decision has shut the door on a $130 million renewable energy project with downstream benefits to both the region and Otago,'' he said.
Whitewater NZ had received about $20,000 through the Ministry for the Environmental Legal Assistance Fund. Non-profit groups can apply for the funds to advocate for an environmental issue of high public interest during Environment Court or boards of inquiry proceedings.
A spokeswoman from the ministry said the cost of the special tribunal set up to investigate the water conservation order amendment, from July 1, 2008, to June 30, 2011, was $103,500.
What the ''Battle of the Nevis'' has cost
New Zealand and Otago Fish and Game Councils ... $630,000
Pioneer Generation ... $500,000
Whitewater NZ ... $20,000 (legal assistance grant from Ministry for the Environment)
Ministry for the Environment ... $103,500 (cost of Special Tribunal)
Total ... $1,253,500.
