WCO applicants accuse opponents of spreading misinformation

The Ngaruroro River is at the centre of a process aimed at protecting its outstanding natural values, but which opponents say will kill primary industry in Hawke's Bay.

The Ngaruroro water conservation order (WCO) applicants have called out public statements being made by opponents of the application in advance of the special tribunal's pre-hearing conference in Napier today.

The applicants - New Zealand Fish and Game, the Hawke's Bay Fish and Game Council, Ngati Hori ki Kohupatiki, Whitewater New Zealand, Jet Boating New Zealand and the Royal Forest and Bird Protection Society of New Zealand lodged a memorandum with the tribunal on Wednesday.

In it they said they had concerns about public statements being made by parties in respect of the special tribunal process, and outlined information they said would provide clarity on the intent of the draft WCO to assist with "apparent misunderstandings".

They alleged that the public statements being made by opponents, who intended to hold a public rally protesting the WCO on September 19, were intended to intimidate the applicants into withdrawing the application, influence the special tribunal and seek political interference in the WCO process, both regionally and nationally.

They were also concerned that opponents' public statements contained misinformation regarding both the intent and process of the draft WCO.

The memorandum highlighted an article published in Hawke's Bay Today on September 6 as an example of misrepresentation of the proposed minimum flows and allocation limits, as well as the relationship between the proposed WCO and the TANK process.

A press release issued by the opponents claimed the WCO asked for consented water take volume to drop from 55,475 litres per second to 1581 litres per second.

It also said the application proposed to increase the minimum flow at Fernhill bridge when restrictions on irrigation kick in from 2400 litres per second to 4200 litres per second, which would see a dramatic increase in irrigation ban days.

In the memorandum, the applicants said the key provisions in the draft order proposed retaining the minimum flow of 2400 litres per second at Fernhill, only increasing that to 4200 litres a second for new water take consent applications.

For takes at flows less than three times the naturalised mean at Fernhill (70,986 litres per second) the draft order called for an allocation of limit of 1581 litres per second - intended to be consistent with the allocation limit set within the Hawke's Bay Regional Council's regional resource management plan, which would apply to surface water.

As for opponents' concerns the order would interfere with the TANK process the applicants said that until 2016 TANK had made limited progress while awaiting scientific investigations and modelling.

Although lodged in December 2015, the applicants said it was not anticipated it would take until July 2017 for the application to be notified and in the meantime new information about the hydrological connection between groundwater and surface water in the Ngaruroro River, and allocation generally, had come to light.

"That new information may have implications for the drafting of the order, but does not alter the intent of the application which is to recognise and protect the currently outstanding values currently supported by the rivers."

The applicants said the draft WCO provided with the application was a starting point and depending on the merits of any new information the provisions in the order could change through the process if it was given the go-ahead.

They also requested a caucus of expert witnesses be convened before the hearing in order to reach a common understanding of the facts and the issues, asked the tribunal to give strong guidance on appropriate conduct in the public arena, including the proposed rally.