Details of discussions between Ngai Tahu and Meridian Energy Ltd on an agreement over a proposed Waitaki River power scheme have been kept confidential by the Environment Court.
However, Meridian has already promised that, once an agreement has been reached, it will be made public.
Meridian said yesterday that it was "working very positively and collaboratively" with Ngai Tahu to reach an agreement on the project.
"At this stage we are still working carefully through this negotiation. We highly value and respect our relationship with Ngai Tahu and wish to remain focused on the negotiations and reaching an agreement," Meridian's external relations manager, Claire Shaw, said.
Ngai Tahu, along with the Waitaki Preservation Society, appealed to the court against water-only resource consents being granted by Environment Canterbury (ECan) for Meridian's north bank tunnel concept power scheme between the Waitaki dam and Stonewall.
Both parties withdrew their appeals, the preservation society reaching an agreement with Meridian to protect the river and its flow. Meridian also agreed to contribute $286,000 towards the society's legal bill and expert witnesses' costs.
Details of that agreement were made public by both parties in April.
In May, Ngai Tahu and Meridian announced discussions had reached a stage where agreement would be reached. Ngai Tahu withdrew its appeal.
Those discussions are still going on between the two parties.
After hearing an appeal in June and July by the Lower Waitaki River Management Society, which could not reach an agreement and remained opposed to the scheme, Judge Jon Jackson asked Meridian for copies of settlement agreements the company had already reached with parties who had withdrawn.
That included Ngai Tahu.
Meridian provided details of agreements and correspondence with Ngai Tahu as part of the ongoing negotiations.
Meridian sought to have publication or communication of the Ngai Tahu correspondence prohibited, which Judge Jackson has now ordered.
In its request for details of the agreements, the court said these may be relevant to its decision.
"As one example, any sums of money that Meridian may have agreed to pay may affect its [the court's] views of what is practicable in the proposed conditions [attached to any consents]."
Meridian sought confidentiality over the negotiations with Ngai Tahu and said the court's request was "unusual".
Disclosing details to the public "would unreasonably prejudice continuing negotiations with Ngai Tahu".
That outweighed the public interest in making the information publicly available.
"To require parties to produce settlement agreements without ensuring confidentiality would undermine the confidence of parties and non-parties in mediated or negotiated outcomes which constructively resolve issues in ways which may not be available to the court and without the need for a court hearing," Meridian said.
In his decision prohibiting publication or communication of the details, Judge Jackson said the court could not refer to any agreement between Meridian and Ngai Tahu because it had not yet been finalised.
