Forest & Bird appeals High Court decision over DOC land swap deal for Ruataniwha water scheme

Friday 18th March 2016

The Royal Forest & Bird Protection Society is appealing a High Court judgment which let the Department of Conservation proceed with a land swap, allowing 22 hectares of Ruahine Forest Park be flooded as part of the Ruataniwha Water Storage Scheme.

Last month, the High Court ruled against a bid by the environmental lobby to block the director-general of conservation's decision revoking the conservation status of the land that lay within the footprint of the proposed reservoir, allowing it to be flooded in exchange for a larger area of land with conservation value. Justice Matthew Palmer rejected the group's challenge, finding that the decision was within the broad purpose of the Conservation Act.

"Allowing this decision to stand could mean that any part of New Zealand’s specially protected conservation land can be traded away and the special values of the land removed to advance commercial interests," Forest & Bird lawyer Sally Gepp said in a statement. "It sets a precedent for up to 1 million hectares of specially protected conservation land throughout New Zealand, which includes forest parks, conservation parks, and ecological and wilderness areas.

“The judge made the point that this case goes to the heart of the purpose of the Conservation Act, which is why it is such a significant case for Forest & Bird, and for New Zealand. We believe the High Court was wrong to hold that the decision was consistent with the Act’s purpose."

Forest & Bird said it had lodged its appeal today.

The $275 million scheme, backed by the Hawke's Bay Regional Investment Co, would create a 93 million cubic metre reservoir to store water in the upper Makaroro river to improve river flows for agricultural use in the Tukituki River catchment. It's estimated it would provide irrigation for 25,000 hectares of farm land in central Hawke's Bay.

BusinessDesk.co.nz

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