9 August 2007 - Christchurch

Forest & Bird media release for immediate use

Gowan protection a win for water conservation

An Environment Court decision confirming that the Gowan River should be protected from inappropriate hydro development is an important win for the river and for New Zealanders, Forest & Bird says.

The Majac Trust sought to vary the Buller Water Conservation Order to allow water diversion and discharges necessary to develop a hydro-electric power project on the Gowan, a tributary of the Buller River.

Forest & Bird, Fish and Game, the Department of Conservation, rafting companies and many individuals had opposed the original application, which was rejected by a special tribunal last year.

The case then went to the Environment Court, where the same groups again opposed the application at hearings in Nelson earlier this year. The Environment Court has now made the same decision as the tribunal and recommended against varying the Water Conservation Order.

Forest & Bird lawyer Marion Yoder says the case was the first time anyone had applied to vary a Water Conservation Order.

“We are delighted that the Environment Court has agreed with the tribunal, not only for conservation of the Gowan, but because it is a precedent that makes it clear that a Water Conservation Order is not to be taken lightly.”

Water Conservation Orders recognise outstanding characteristics of waterways – which can include recreational, environmental, cultural and scenic values. Activities which may compromise those values, for example by changing water flows or adversely affecting water quality, are closely scrutinised when protected in this way.

The Gowan is protected under the 2001 Buller Water Conservation Order, which recognises the value of the eel and trout fishery, blue duck habitat, kayaking and rafting opportunities and wild and scenic nature of the Buller and its tributaries.

ENDS

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