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Smith defends hydro review timing

By CLAIRE CONNELL - The Marlborough Express
Last updated 13:00 05/11/2009

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Minister for the Environment Dr Nick Smith has hit back at criticism about the timing of a review of TrustPower's hydro scheme resource consent process, saying the ministry was legally required to release the review when it did.

The review, by aquatic ecologist Brent Cowie and commissioned by the Ministry for the Environment, was released two weeks ago.

It noted the difficulty for smaller councils like the Marlborough District Council to process major infrastructure consents and outlined the importance of having a mix of skills and experience on consent hearing panels.

The ministry's decision to release the review one week before an Environment Court appeal was due to start surprised Tony Willy, a commissioner on the hearing panel, who said the timing was "wrong" given the appeal was still before the courts.

The Environment Court hearing was due to start on Monday but has been adjourned for two weeks while the judge and commissioners consider the evidence.

Mr Willy would not refer specifically to TrustPower's application but said such documents risked adversely affecting the judicial process or how the Environment Court used a decision.

Dr Smith told The Marlborough Express he stood by the ministry's decision to release the review and said "more than one" Official Information Act request for the completed review was received. The Ministry for the Environment was legally required to release the review to parties involved and the public as there was no justification to prevent release.

He said it was a review concerning the process of the resource consent hearings, not the "merits or otherwise" of the proposal.

The review showed the "less than ideal" processes involved in the resource consent hearing stages and it was "perfectly proper" for the Government to want to "learn lessons", he said.

"This hearing has dragged out for years. If we waited for every appeal to be resolved it would be too late to learn a lesson."

He said the Environment Court appeal decision would not be expected until at least June next year and the Government wanted the review completed "as soon as possible" to ensure improvements were made nationally to the resource consent process.

Dr Smith said he would be far more open to criticism had the review's release been withheld, and stood by the decision to release it.

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