Hagaman cited a “shutdown in communication” by the West Coast Regional Council in the aftermath of the floods that hit the area in 2016 and 2019.
This had left both the company and the wider Franz Josef community frustrated.
She said “until now” the regional council had not included her company in its communications — and that had only changed when Scenic declined to sign the affected-party agreement, late in 2022.
Hagaman said there had been other instances since 2016 where the council had undertaken consented work without notifying Scenic as an interested party.
A March 2016 flood that destroyed its hotel followed “a moderate rain event”, while a 2019 flood that destroyed the State Highway 6 bridge over the Waiho River “was also not a significant event”.
Hagaman contended the 2016 flood did not “wash over the bank” into the hotel but washed it out, and the council’s approach to the Waiho River had been “a source of frustration” to others in that community.
She said on hearing the town might only have 20 years under the protection scheme, she wondered, “why building consents are still being issued”.
Independent commissioner Peter Callander said Hagaman had raised some good points, although a lot was outside the scope of the hearing.
Hagaman reiterated that Scenic had been an integral part of the Franz Josef community for decades and it shared a level of frustration with the local community that they did not know what was happening.
Scenic lawyer Simon Johnston said Scenic should have been brought into the process for the two other consents also needed by the council for the floodbank project.
“Really, those three consents should have been dealt with together.”
Scenic was “disappointed and angry” at being excluded from those processes, with the other consents already granted.
“It had been dealt with behind our backs, in circumstances where some of those issues were ‘live issues’ before the High Court at the time,” Johnston said.