Councillors face threat of lawsuits over dam

Regional council chairman Fenton Wilson

A political campaigner believed to have played a shadowy but pivotal role in last year's Hawke's Bay Regional Council election campaign is now threatening to sue councillors if the Ruataniwha dam harms the environment or fails to deliver promised economic benefits.

Havelock North-based Simon Lusk has written to all nine regional councillors warning them he plans to "test the law" on individual councillor liability by taking legal action against those who vote to progress the $265 million water scheme if it subsequently "fails".

The council is promoting the dam as an economic shot-in-the-arm for drought-prone Central Hawke's Bay and is considering investing $80 million of ratepayer money in the project, but opponents are concerned the dam will harm local waterways by increasing nutrient levels, especially in the Tukituki River.

Mr Lusk hit the headlines last year as the apparent architect of a negative third-party campaign aimed at unseating regional councillors in October's local body elections but he has declined to comment on his involvement.

The regional council is expected to vote in April on whether to proceed with the dam project.

In his letter, Mr Lusk lists a range of potential project failures including "cataclysmic ecosystem collapse", the need to treat drinking water if nutrient levels in the supply increase, unforecast costs on ratepayers as a result of the project, and the dam failing to deliver the amount of irrigation water promised.

He said his "intention is to test the law in the event that the [scheme] fails at any level, by pursuing both the council and any individuals contributing to the decision to implement the dam, whether current council members or not".

Regional council chairman Fenton Wilson said he had discussed Mr Lusk's letter briefly with the council's chief executive, Liz Lambert, and the pair did not believe there was a need to take the matter any further.

Mr Wilson said councillors took their responsibilities over the Ruataniwha decision seriously "as we do with every single decision we make".