DOC pulls Wairau appeal

BY CLAIRE CONNELL

Opponents of TrustPower's proposed hydro canal in the Wairau Valley say the Department of Conservation has been bought off, after news the department will drop its appeal against the proposal's resource consent.

But the department and the energy retailer strongly deny this.

The department announced yesterday it would no longer give evidence at an Environment Court hearing in November appealing the resource consent for TrustPower's proposed hydro scheme.

In return, TrustPower would fund a $3 million management plan over 35 years to protect black-fronted terns in the Wairau River and reduce the river drainage during the key nesting season for the bird.

DOC Nelson Marlborough conservator Neil Clifton said yesterday the department had lodged a memorandum with the Environment Court outlining its proposed amendments to the resource consent's conditions.

The Marlborough Express reported three weeks ago that DOC was poised to pull its appeal against the scheme.

Fish & Game regional manager Neil Deans said DOC had simply been "bought off" by TrustPower and there was no certainty that TrustPower would follow through with its promises.

Mr Deans said the decision meant Fish & Game now had to review all its evidence and cover DOC's share of evidence at a "late stage in the proceedings".

It had planned to share the cost of expert witnesses with DOC.

Mr Deans said the decision to reduce the river drainage was "good", but not enough to address Fish and Game's concerns about freshwater fish habitat.

"DOC has walked away from its responsibilities in regard to fisheries in this area."

TrustPower's community relations manager, Graeme Purches, said DOC was not given any money in return for reaching an agreement.

Mr Clifton said the funds would be kept in trust for work associated with the black-fronted terns.

He said if the Environment Court approved the conditions DOC and TrustPower had come up with, it would be the responsibility of the local authority to ensure that TrustPower abided by them.

Mr Clifton said the department had been very clear that its main goal was to protect the habitat of the black-fronted terns.

It had researched the terns co-operatively with TrustPower experts over the past four breeding seasons and the scheme's flow regime was "of less significance" to the birds than initially thought.

Conditions of the agreement include TrustPower funding the black-fronted tern protection plan, as well as leaving more water in the river during the critical October-to-January tern nesting season, which DOC says will provide 80 per cent habitat retention for mayflies, an important food source for black-fronted terns.

Conditions also include vegetation restoration, improved archaeological protocols, and ensuring a sustainable population of dwarf galaxias fish is retained in the river as an additional food source for the birds.

Wairau Valley Action co-convener Alison Parr said it was a shame there was not the same focus on the social effects of the scheme and the safety of residents up the Wairau Valley as there was on the impact on the black-fronted tern.

"Just because one appellant has withdrawn does not mean there is not a case to fight."

Save the Wairau chairman Hugh Steadman said the decision did not come as a surprise and there were many issues other than the black-fronted tern, such as seismic risk, dust storms, recreational use of the river, pollution, landscape changes and large capital costs to the scheme.

Mr Steadman said $3 million for the black-fronted tern management plan over 35 years "will not exactly be a stretch for TrustPower".

The Marlborough District Council granted TrustPower final resource consent for the scheme in August last year.

The proposed 48-kilometre canal along the southern slope of Wairau Valley above the township would have five generators and create up to 72 megawatts of power.

Environment Court rules mean that even if DOC withdraws from submitting at the hearing, the department must formally present its decision to the court.

Save the Wairau, Wairau Valley Action, Fish & Game, Jet Boating New Zealand, New Zealand Clearwater Crayfish and Ormond Aquaculture are all appealing the resource consent.

- The Marlborough Express