8/02/2006 - A special
tribunal considering an application to amend
the Buller Water Conservation Order has
presented its report to the Minister for
the Environment. The tribunal was appointed
by the Minister for the Environment in July
2004 to hear and report on the application
by MAJAC Trust. The special tribunal held
its hearing in Nelson in November 2005.
The application seeks a change to the Buller
Water Conservation Order to enable MAJAC
Trust to apply for resource consents for
a small hydroelectric scheme in the Gowan
River.
The special tribunal report recommends
that the proposed amendment to the Order
be declined.
The tribunal concluded that the Order requires
the case for a variation to extend beyond
addressing just the protection of the rafting
amenity on the Gowan River. It also needed
to address other characteristics immediately
upstream and downstream that are protected
by the Buller Water Conservation Order.
The tribunal considered that the case for
the variation had not been made.
“I thank the tribunal members for their
good work. They have worked efficiently
to produce a succinct report,” David Benson-Pope
said.
The applicant and submitters now have an
opportunity to make a submission to the
Environment Court on the report of the special
tribunal within 15 days of receiving the
report. If the Court receives any submissions
it will hold an inquiry and make a recommendation
to the Minister. If there are no submissions
to the Environment Court in this time the
Minister will make a decision.
• A separate application made by the New
Zealand and Nelson Marlborough Fish and
Game Councils to vary the Buller Water Conservation
Order, seeking further protection for the
Gowan River to recognise the outstanding
fishery the river supports, had been received
by the Minister.
The Minister recently wrote to the applicants
notifying them of his decision to send their
application to a special tribunal. Decisions
about the composition of the special tribunal
are yet to be made.
Hon David Benson-Pope
