Council chief executive Steve Ruru said councillors voted to appeal the Environment Court’s decision, released last month, in which it upheld a Fish and Game appeal against the consent to build the section of the cycle trail in the Oreti River area.
The councillors voted for the appeal at an extraordinary meeting last week because the decision was "bigger than just the cycle trail issue", Mr Ruru said.
"The approach adopted by the court in assessing the application is very significant, particularly around the way we process consents as a regulatory agency and the implications for us as an infrastructure provider.
"In this regard the decision places a focus on the district plan rather than allowing for a broad overall assessment, which is currently allowed for in the resource management plan and has traditionally been used by consenting authorities."
The appeal was lodged on Monday, but the council would talk to Fish and Game about the issues and options to see if a way forward could be agreed.
While Southland Fish and Game manager Zane Moss said the statutory public entity was "happy" to engage with the council, he believed it was "probably inevitable" the matter would end up in the High Court.
The Fish and Game appeal opposed the planned route through the Oreti River valley — an internationally recognised brown trout fishery — and promoted an alternative route through the neighbouring Mararoa Valley.
The Environment Court decision, issued on November 14, upheld Fish and Game’s case by stating that unmodified rivers were "limited, finite and highly valuable recreational assets".
The Mararoa option would be as scenic as the Oreti River valley, as well as being cheaper to build and maintain.
"Not only that, it would be safer and provide better links to Te Anau while at the same time not compromising the overall appeal of the trail."
Mr Moss said Fish and Game felt the "robust" Environment Court ruling had validated its decision to lodge the appeal.
"We’re not about to walk away from that.
"We don’t wish to have to go to the High Court, but, we’re pretty much forced to if they [the SDC] go there.
"We did all that we could to avoid going to the Environment Court ... and given those opportunities weren’t explored by the district council at that time, it’s going to be difficult, I think ... to try and reopen negotiations to avoid going to the High Court."
Southland Fish and Game chairman Graeme Watson said he was disappointed and frustrated with the latest appeal.
"Southland District Council didn’t only have one or two aspects of their consents declined; they were comprehensively refused in every aspect that was in dispute.
"They were even criticised for not assessing the proposal against their own plans.
"We did all we could to avoid Environment Court and even offered to contribute funding towards the alternative Mararoa option.
"To now be dragged to the High Court is frustrating, knowing it’s costing time and money that would be better spent developing the alternative."
