Three of the 248 submitters who aired their views about a change to the water conservation order (WCO) on the Nevis River have taken the next step and appealed a special tribunal's report on the matter.
The tribunal, appointed by the Ministry for the Environment, has spent 20 days hearing evidence in Cromwell and Dunedin during the past year and recommended the WCO be altered to prohibit damming or diversion of the river.
Submissions on the tribunal's report closed on Monday, and three appeals were received by the Environment Court.
One was from the organisations which sought the WCO change, the New Zealand and Otago Fish and Game councils, another was from the power company considering hydro-electricity schemes on the river, Pioneer Generation, and the third was from a national recreational kayaking group, Whitewater New Zealand.
The tribunal found the river had one outstanding characteristic that was not protected by the original WCO: the presence of a native fish called Gollum galaxiid, a species found only in the Nevis River. A ban on damming or diverting the river was vital to protect the habitat of that native fish, it said.
The fish and game councils have asked for the river's wild and scenic landscape and trout fishery values to also be recognised as "outstanding" when the matter is reconsidered. The kayak group is seeking protection of the "nationally outstanding" whitewater kayaking amenity provided by the river.
Pioneer is opposing the tribunal's findings and has asked the Environment Court to reject the ban on damming.
The Environment Court will hold an inquiry into the matter and provide a report and recommendations to the Minister for the Environment.
A conference to set dates and arrange details for the next round of proceedings will be held in the Environment Court at Queenstown on November 26.
