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Application to vary the Water Conservation (Kawarau) Order 1997 in respect of the Nevis River
Hearing of further evidence
The Special Tribunal adjourned the hearing for the proposed amendment after hearing the applicants 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 conduct second hearing, strictly on these matters only, and have outlined a schedule for pre-circulation of evidence:
- The three parties that have extended the scope of the Order are to present a list of the species concerned, along with a description of their location, by 5 October 2009.
- Expert evidence from these parties is then be submitted to the Special Tribunal and be made available to all parties by 16 November 2009.
- Expert evidence in opposition will be submitted to the Tribunal Tribunal and made available to all parties by 1 February 2010.
- A hearing of evidence will follow as soon as practicable thereafter.
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 alex.miller@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 alex.miller@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:
Expert evidence filed in respect of the application for an amendment to the Water Conservation (Kawarau) Order 1997Hearing 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 botanical and ecological 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 will make a ruling on this matter at a later date.
The hearing will reconvene on Monday 24 August 2009 for the Applicants right of reply.
Last updated: 27 July 2009
