The special tribunal appointed by the Ministry for the Environment to consider whether the existing Water Conservation Order should be changed has recommended a complete prohibition on damming to protect the habitat of a unique native fish - a bug-eyed galaxiid named Gollum, after the character in Lord of the Rings.
The tribunal's findings were announced on Wednesday and submissions can be made on the report to the Environment Court within 15 days. If submissions are received, the court will hold an inquiry before reporting back to Environment Minister Nick Smith. If no submissions are received, the tribunal's report goes straight to Dr Smith.
Anglers and environmental groups have welcomed the tribunal's decision and recreational kayaking organisation Central Otago Whitewater, which supported the proposed amendment to the WCO, has said it is delighted with the tribunal's recommendation.
"We are delighted with the outcome. Although we don't agree with the tribunal's comments about the kayaking value of the river, we are delighted with the end result," Central Otago Whitewater spokesman Glenn Murdoch said yesterday.
The tribunal was asked to consider the value of the river's trout fishery, rare and indigenous flora and fauna, the kayaking amenity, the wild and scenic qualities of the river, the heritage values and the importance of the site to Maori.
It was told the Nevis was the "jewel in the crown" of Otago rivers.
The tribunal decided the value of the river to kayakers had been recognised in the original WCO in 1993 and was unconvinced a special case could be made for amending the WCO for kayaking amenity.
He said although the recommendation to ban dams meant the first hurdle had been crossed, "we're not there yet".
"You've only got to look at recent events in Canterbury for reason to be nervous about what the minister might do."
The Council of Outdoor Recreation Associations of NZ chairman, Tony Orman of Marlborough, said the special tribunal's decision was a win for conservation, common sense and outdoor recreation.
Not only would a dam threaten conservation values, but would erode public recreation values in trout fishing and other recreation, he said.
TrustPower was one of the organisations which opposed the move. Its community relations manager Graeme Purches said the company was against the amendment on principle. It wanted the option left open for hydro-electric development on the Nevis but was "unlikely" to appeal against the tribunal's recommendation.
"They've come up with a really compelling reason why the river should be protected from damming," he said.
