The special tribunal has presented its report to the Minister for the Environment on the MAJAC application to amend the Buller Water Conservation Order. The report recommends that the application is declined.
The special tribunal concluded that the case for a variation was not made out because the provisions of the legislation required the case for a variation to extend beyond addressing just protection of the rafting amenity on the Gowan River itself. The case needed to also address other characteristics immediately upstream and downstream that are also currently protected by the Water Conservation Order beyond the variation application and to which the Gowan River contributes. To the extent that those other characteristics were addressed in evidence, the special tribunal was left in some doubt whether the protection required could be achieved.
Under section 209 of the Resource Management Act 1991, the applicant and any person who made a submission to the special tribunal has the right to make a submission to the Environment Court about the report. Any submission must be lodged within 15 working days of the receipt of the notification of the decision.
Last updated: 6 January 2009