16 Conclusion

In general terms, the process used by the MDC up until the hearing commenced attracted favourable comment. The hearing process itself, and particularly the splitting of the decision into firstly, whether or not to grant the applications, and secondly, the conditions on which consents were granted, received much adverse comment.

However, there are several sides to these views, and none are necessarily “right” or “wrong”. The Wairau applications were very strongly opposed by many in the Marlborough community, and opponents used the hearing process as much as possible to express their views. The hearing panel had to fully hear and consider all the evidence from those who wanted to make submissions. This contributed to the hearing process being very protracted, and caused some considerable frustration among those representing TrustPower.

Any process such as this could have undoubtedly been handled in different ways, some of which may have been better. The ability to retrospectively review this process has, however, allowed a range of relevant lessons to be drawn that can usefully assist consent authorities and hearing panels improve the way in which they handle complex resource consent applications in future.