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Application to vary the Water Conservation (Kawarau) Order 1997 in respect of the Nevis River
Special Tribunal’s Report
The Special Tribunal has completed its report on the application to vary the Water Conservation (Kawarau) Order 1997 in respect of the Nevis River. An electronic copy of the report can be found through the link below.
The report was sent to the Minister for the Environment, the applicants, the regional council, the relevant territorial authorities, iwi authorities and all submitters on the application on Tuesday 24 August 2010.
Under section 209 of the RMA, the applicant and any person who made a submission can make a submission to the Environment Court within 15 working days of receiving notice of the special tribunal’s report
If you would like a hardcopy of the Special Tribunal’s report, or have any questions regarding the process from here on, please contact Steve Merito at the Ministry for the Environment on (03) 365 9556 or steve.merito@mfe.govt.nz
Background information
The Minister has received an application to amend the Water Conservation (Kawarau) Order 1997, in respect of the Nevis River. The applicant is the New Zealand and Otago Fish & Game Councils. The application seeks to impose a prohibition on damming the river, along with conditions on minimum flows.
The application was supplemented by further information provided to the Minister in May 2007.
Appointment of Special Tribunal
On 16 July 2008, the Associate Minister for the Environment appointed a special tribunal to hear and report on the application under section 202 of the Resource Management Act 1991.
Following their appointment, the Special tribunal were provided with the following information:
- Fish and Game application dated June 2006
- Further information provided to the Minister 4 May 2007
- Relevant provisions of the RMA
- Copy of the Water Conservation (Kawarau) Order 1997
Public Notification and Submission Period
The Special Tribunal publicly notified (PDF 233 KB) the application on Wednesday 3 September 2008. Submissions closed on Friday 3 October 2008. A total of 248 submissions were received. These submissions can be viewed online via the link below.
Submissions on the application to amend the Water Conservation (Kawarau) Order 1997
Submissions
Submissions closed on Friday 3 October 2008. A total of 248 submissions were received.
The Special Tribunal heard evidence from all parties on the application from May 20 2009 until 12 June 2009. Further information about the hearing process can be found below.
The hearing will reconvene in Dunedin on Monday 24 August 2009 for the Applicants right of reply.
For any enquiries on the application and hearing process, please contact Alex Miller at the Ministry for the Environment on (04) 439 7432 or rmainfo@mfe.govt.nz.
Hearing Commencement: Procedural Callover – 3 November 2008
The hearing officially commenced with a procedural meeting in Cromwell on 3 November 2008. This callover decided the date and the course of the remainder of the hearing process.
Expert Evidence
Expert evidence was filed for pre-circulation on Wednesday 6 May 2009. Pre-circulated evidence, along with evidence filed through the course of the hearing, can be found through the link below:
Hearing Re-commencement: 20 May 2009
The Special Tribunal heard evidence in both support and opposition to the application from 20 May 2009 until 12 June 2009.
A jurisdictional issue, regarding whether or not the Special Tribunal will consider additional flroa and fauna evidence, arose during the course of the hearing. Submissions filed on the matter can be found through the links below:
- Submission by New Zealand and Otago Fish and Game Councils (applicant) on jurisdictional issue
- Submission by Pioneer Generation Ltd on jurisdictional issue
- Rebuttal Submissions by New Zealand and Otago Fish and Game Councils (applicant) on jurisdictional issue
The Special Tribunal have ruled that they will consider additional evidence on flora and fauna, and will recommence hearings on Monday 24 May 2010.
Pioneer Generation Ltd has advised the Special Tribunal that Mr Neill Simpson is not available to present expert evidence at the reconvened hearing in May. Pioneer Generation Ltd requested that Mr Neill Simpson be allowed to present his evidence before or after the reconvened hearing.
The Special Tribunal has decided to hear Mr Neill Simpson’s evidence at 12.30pm on Monday 19 April 2010 at the Otago Museum’s Hutton Room.
If you have any queries pleases contact Steve Merito – 03 365 9556 or steve.merto@mfe.govt.nz
Hearing of further evidence
The Special Tribunal adjourned the hearing for the proposed amendment after hearing the applicant’s right of reply on 25 August 2009.
On 14 August 2009, the Tribunal made a ruling on a matter than emerged during the course of the hearing relating to the scope of the evidence to be heard, and whether or not they could consider further evidence on flora and fauna. The Tribunal ruled that they could extend the scope to include such evidence. The ruling can be viewed through the link below:
The Special Tribunal will reconvene to hear this evidence at 10.15am on Monday 24 May 2010 at the Dunedin Public Arts Gallery.
- Expert evidence in regard to the flora and fauna issues can be found through the link below:
If you have any questions about the application or the process, please contact Alex Miller at the Ministry for the Environment on (04) 439 7432 or rmainfo@mfe.govt.nz
Last updated: 24 August 2010
