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FISH & GAME WINS RUATANIWHA DAM HIGH COURT APPEAL

12 December 2014

FOR IMMEDIATE RELEASE

Fish & Game and its environmental allies have won their High Court appeal against the way the Board of Inquiry into the Ruataniwha Dam made decisions.

The High Court considered the appeal from Fish & Game, Forest and Bird and the Environmental Defence Society in early November and Justice Collins released his decision today.

In the decision, Justice Collins says the Board of Inquiry into the Ruataniwha Dam made overarching errors of law in the way it set rules on nitrogen levels leaching from farms after accepting submissions from the dam’s promoters when the board had finished its hearings.

Justice Collins says this meant the Board of Inquiry created a “factual fiction” and failed to give proper effect to the Resource Management Act or the 2011 National Freshwater Policy Statement.

He has directed the Board of Inquiry to reconsider and change the rules on nitrogen levels, as well as amending the conditions of consent for the Ruataniwha Dam.

Justice Collins awarded costs to Fish & Game and Forest and Bird.

Fish & Game Chief Executive Bryce Johnson says winning the High Court appeal is a victory for both the environment and natural justice.

“Essentially the judgement says the rules of natural justice were not applied when the Board of Inquiry considered new evidence from the Regional Council and the Regional Investment Company which was not made available to the other parties,” Mr Johnson said.

“The Board of Inquiry’s original draft decision was very good and Fish & Game was disappointed the board then decided to change that decision after listening to new arguments from the dam’s promoters behind closed doors.”

“We had no idea this was happening and it is galling that natural justice should be flouted in this way by public bodies”, Mr Johnson said.

“Back room deals which compromise the environment are just not acceptable”.

The Ruataniwha Dam project in Central Hawkes Bay has been dogged by controversy after revelations that the original proposals to dam a tributary of the Tukituki River could turn the whole river toxic downstream of the dam.

“This has been a complex and technical issue and we can only repeat that the Hawkes Bay Regional Council needs to return to protecting and enhancing the environment, not allowing a major increase in pollution which it admits will result from the Ruataniwha project,” Mr Johnson said.

Fish & Game’s Environmental Manager Corina Jordan says today’s High Court decision has national implications for all local bodies.

“This is a good day for the environment. The decision shows regional councils have to deliver on environmental outcomes, such as improving water quality by ensuring rivers are healthy”, Ms Jordan said.

“If they don’t, then they are going to have to go back and re-consider”, she said.

Ends

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