Electricity—Dobson Hydro Scheme
5. Hon KEN SHIRLEY (Deputy Leader—ACT NZ) to the Minister of Conservation: Following his comments on National Radio on 16 April 2003 and in question time yesterday relating to the Dobson hydroelectric scheme, will he accept that when he said: “This particular site, because of its ecological values that are fairly unique on the West Coast, is a site worth preserving. We’ve been down this path … this project has already been to the High Court, it has been rejected.”, he was not referring to the Dobson hydroelectric scheme and that the key reason the Dobson scheme is not progressing is because he is not prepared to exercise the discretionary powers contained in the Conservation Act 1987?
Hon CHRIS CARTER (Minister of Conservation) : The Conservation Act does not give the Minister any discretion to remove land from ecological areas. The land still has the values it was protected for in the first place. As I made clear in the House yesterday, the law regarding the disposal of conservation land has been tested once already in the High Court in the Buller electricity case, when the court upheld the decision of the Hon Denis Marshall to decline a proposal to flood conservation land for a hydro scheme.
Hon Ken Shirley: Is the Minister aware of section 18(7) of the Conservation Act, which clearly gives the Minister of Conservation discretionary powers to revoke designations under the Conservation Act, and that that provision was specifically put in the Conservation Act to allow situations like the Dobson scheme to proceed on the conservation estate?
Hon CHRIS CARTER: That member’s interpretation of the Conservation Act is not one that is upheld by my department or myself.
Nanaia Mahuta: Why was the Card Creek ecological area originally protected?
Hon CHRIS CARTER: In 1983 the then National Government, led by the late Rt Hon Rob Muldoon, proudly protected that area for the express purpose of, and I quote from the Gazette notice, “preserving an example of forest in a wide valley floor, including nikau and an unusually high proportion of kahikatea and matai”. It is that very valley floor forest, described by the Hon Nick Smith as mostly gorse, that would be destroyed.
Hon Dr Nick Smith: Why did the Minister state in his press release yesterday that that land was, in terms of the land swap, of higher value than that which was proposed to be swapped for it, when the Department of Conservation’s own report, done when Helen Clark was Minister of Conservation, states exactly the opposite of that; in fact, can I quote from the report done at that time, which states that the area to be swapped is of national conservation importance, is a crucial wildlife habitat, and has significant scientific values and high landscape values, while at the same time the land in question that would be flooded was allocated to Timberlands West Coast because it was of low conservation value?
Hon CHRIS CARTER: The area that will be flooded is in the Card Creek ecological area, an area that was gazetted in 1983. It was not transferred to Timberlands. May I have an opportunity to describe the Mount Buckley area, the area that is proposed for the swap. I asked the Department of Conservation to give me a brief description of it. The total block is 720 hectares, of which 500 hectares is logged podocarp hardwood beech forest that has a canopy of 50 years or more. That is quite good forest. The additional 200 hectares is land that was logged in the 1970s and 1980s. It is bisected by a four-wheel drive track and has a power line running through it. It has considerably lower ecological values than the area that would be destroyed.
Hon Dr Nick Smith: Can the Minister explain to the House which is the Government’s position in respect of Dobson: the position that was expressed by Damien O’Connor to the local media in his area yesterday that the Government is open-minded about the Dobson scheme, or the position that he has expressed, as Minister, that it is dead in the water?
Hon CHRIS CARTER: I repeat to the House that under existing legislation I cannot swap land that has ecological value status, unless that land loses its conservation value.
Hon Roger Sowry: I raise a point of order, Mr Speaker. The Minister was asked a very simple question about the Government’s position—the position outlined by Damien O’Connor in the local newspaper, or the position that the Minister has outlined. The Minister did not talk about that, at all, but talked about whether he could swap land. We have heard that answer before. He was asked what the Government’s position is.
Mr SPEAKER: No, the Minister gave the Government’s position. He is the Minister concerned with that matter.
Rt Hon Winston Peters: Can the Minister tell the House today why it was that yesterday he claimed his comments did not relate to the Dobson hydroelectric scheme, or is it a case of one of two things: he was mistaken or he was plain lying?
Bookmarks