Claire Kaplan
06 June 2019, 11:08 PM
The first round of appeals to the proposed Southland Water and Land Plan have begun in Invercargill this week.
For the next two weeks appellants such as Southland Fish and Game, Federated Farmers, and Forest and Bird will have their appeals against the proposed Southland Water and Land Plan heard in the Environment Court.
The proposed plan is a massive attempt by Environment Southland to address activities that have a significant impact on Southland's water quality, such as land use intensification, urban discharges, wintering and stock access to waterways.
Joining the appellants is a much larger list of so-called "interested parties" ranging from individual farmers to private enterprises like BP Oil. However, the Waiau Rivercare Group (WRG) is an outlier among them — it's the only interested party representing the larger community interests of the lower Waiau River region.
It recently secured funding from the Ministry for the Environment's Environmental Legal Assistance Fund to challenge the proposed terms of Meridian Energy's resource consent for the Manapouri Power Scheme when it comes up for renewal in 2031.
The fund is meant to assist the heft of legal fees for non-profits taking on cases of public interest. The fund's evaluation panel said the WRG's case raised matters of national and regional importance and had the potential to create useful case law.
WRG co-chairman Paul Marshall said the group was "absolutely delighted" by the funding, but said it was an independent acknowledgement of the case's legitimacy, not an endorsement.
The Manapouri Power Scheme takes in 47 million cubic metres of water a day, making it the biggest consumptive water take in New Zealand. At low flows, around 95% of the Waiau River is diverted into the power scheme and later discharged into the ocean at Doubtful Sound.
Next week, the group will present its case that the plan's wording effectively protects the power scheme from scrutiny when it comes time for Meridian Energy to renew its resource consent for the scheme in 2031.
Furthermore, Mr Marshall said Meridian Energy was also appealing to have the scheme's water take to be defined as part of the existing environment as well.
"None of the adverse effects from the Manapouri Power Station infrastructure or operation... could be considered in 2031 were the plan to stand or be modified under the proposals that Meridian has put forward through their appeal," Mr Marshall said.
"It's a really big deal."
Mr Marshall is also director of Aratiatia Livestock in Western Southland, which is a full appellant in this week's hearings.
One judge, two commissioners, and a special adviser are presiding over the initial hearings, which will focus on appeals to the objectives and physiographic zone policies.
This first round of hearings is due to conclude next Tuesday (June 18). The remainder of the appeal topics will likely be heard next year.