Environment Canterbury commissioners approve submission on Hurunui River Water Conservation Order

At today’s 9th Environment Canterbury Commissioners meeting, Commissioners agreed to lodge a submission on the revised Hurunui Water Conservation Order (WCO).

The commissioners noted that although they opposed the Conservation Order application given that issues it covered were now being considered through the regional planning framework and the recently imposed moratorium on consents, they would have input to the final content of the submission, to ensure their reasoning was clear.

The Environment Canterbury Act includes a process for the revised WCO application to be heard by independent hearing commissioners before the commissioners make their recommendations to the Minister for the Environment.

Environment Canterbury’s original submission on the WCO application stated that the council “opposed those parts of the WCO application which are contrary to the objectives and policies of the proposed Natural Resources Regional Plan (NRRP).” Commissioner Peter Skelton said that the NRRP and the Hurunui moratorium on resource consents provide interim protection for the catchment area.

“The Resource Management Act, the Environment Canterbury Act and the Canterbury Water Management Strategy all require water resources to be managed considering both in-stream and out-of-stream values and uses.

“Whereas a Water Conservation Order focuses on the one catchment, a regional water plan enables future management of the Hurunui’s water resources in a broader context including other water resources in North Canterbury.

“The submission process is the only option available by which Environment Canterbury can provide further information or request changes to the WCO application,” said Commissioner Skelton.

“All submissions will be heard by external hearing commissioners before recommendations are made to the Minister for the Environment. Environment Canterbury’s position is that the WCO is no longer required given that the issues, statutory tests and objective of promoting sustainable resource management are included in the regional planning processes and plans. However, it is important to make our concerns known to the Conservation Order commissioners and the submissions process is how we can do that.

“For that reason, we will also provide information in our submission on the catchment and the effects that the revised WCO might have so that we can identify any amendments needed to administer the Conservation Order effectively. “

The closing date for submissions is September 24, 2010. Only organisations or people who have already submitted on the original WCO can resubmit

ends

A Government-appointed special tribunal has found that a water conservation order on the Nevis River should be amended to prevent damming because of the existence of a rare, indigenous fish.

Forest & Bird Otago-Southland field officer Sue Maturin called the decision "unbelievable".

"It's great news that the tribunal recognises the importance of a very special endemic fish. It also saves one of Central Otago's least-modified river valleys."

The Gollum galaxiid's official name is Galaxias gollumoides. The fish is ranked as "nationally vulnerable" by the Department of Conservation.

Ironically, Gollum's case was fought by a sports fishing body.

Fish & Game Otago chief executive Niall Watson said he was disappointed additional angling values sought for the order were not recognised. "But the river has extra recognition and is protected from hydro development," he said.

"The Nevis can start to be one of the jewels in the natural resource crown of Central Otago."

Freshwater ecologist Richard Allibone, who gave evidence for Fish & Game at the tribunal hearing, said the fish could only be found in the Nevis River – although there were related species in parts of Otago, Southland and Stewart Island.

"If you muck it up, that's it, it's gone."

The decision is thought to be the first time an indigenous fish has been identified as an "outstanding characteristic" of such an order.

Allibone said that opened the possibility that species under greater threat – such as the Canterbury mudfish and bignose galaxias, and upland and lowland galaxias in the Upper Waitaki – could be protected by conservation orders on smaller waterways.

Pioneer Generation, which has plans for a eight kilometre long lake and 45-megawatt power scheme on the river, is yet to decide whether to appeal.

Tribunal members Richard Fowler (chairman), Carolyn Burns and Rauru Kirikiri said the fish must be considered an outstanding characteristic of the river.

They said there was considerable doubt fish barriers above a reservoir would prevent long-term, unintended disastrous effects on the Gollum galaxiid species.

"Quite apart from the fact that the species is unique, there are some genetic and geological dimensions to that uniqueness that still are only partially understood."

Pioneer Generation owns the lease on Ben Nevis and Craigroy stations in the Nevis Valley, which are going through tenure review.