The major dates of interest for the processing of the applications are listed below. Each of these steps is discussed in more detail in the main part of this report:
- Early 2005: TPL request MDC to review draft consent applications. MDC refuse.
- Unknown Date 2005. Representatives of MDC raise with the Minister for the Environment the possibility of the TPL applications being “called in” under s141 of the RMA.
- June/July 2005. MDC contacts the National Institute of Water and Atmospheric Research (NIWA) and Kingett Mitchell Limited (KML) asking them to provide costings to undertake a s92 RMA review of the TPL applications. At some stage Damwatch, a subsidiary of Meridian Energy Limited, was also approached to undertake an engineering feasibility assessment.
- 14 July 2005: TPL lodge consent applications for the proposed scheme, along with a 167 page application document, maps and 12 volumes comprising the associated AEE.
- By 14 August 2005. Former Alternate Environment Court Judge AAP (Tony) Willy is approached by MDC to chair the hearing.
- August 2005. NIWA, KML and Damwatch are commissioned to prepare peer review reports on aspects of the applications.
- 7 September 2005. Following pressure from TPL the applications were publicly notified. The submission period, which with the agreement of the applicant was doubled to 40 days because of the complexity of the applications, closed on 3 November 2005. Concerns were raised by several parties that the applications were notified prior to the technical reviews being completed.
- 8 September 2005. An agenda item to the Environment Committee of the MDC established a hearing panel comprising Judge Willy, Mr Max Barber, a resource management consultant, and Councillor Jill Bunting, a hearing panel chair at the MDC.
- December 2005: TPL counsel challenge the release of peer review reports without prior “caucusing” with TPL experts. MDC counsel oppose this proposal. The matter is eventually put before Tony Willy, who says it is a jurisdictional issue for council officers and not one he can rule on.
- 25 January 2006. A pre-hearing meeting, chaired by Tony Willy, and attended by the applicant and the main institutional submitters, agrees to a timetable leading up to the commencement of the hearing. Dates are set for matters such as the pre-circulation of evidence and the circulation of the s42A report.
- March 2005: TPL lodge further consent applications associated with the potential taking of groundwater into the canal.
- 12 June 2006. The hearing commences.
- 12 December 2006. After 70 hearing days the hearing is adjourned.
- 22 June 2007. The “interim decision” to grant the consents sought is released. No conditions are imposed. Five parties appeal the interim decision.
- 12 January 2008. The conditions hearing commences. It is adjourned after eight hearing days on 12 February 2008.
- 5 August 2008. The decisions on conditions are released.
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Appendix 1 – Timeline for Processing the Applications
October 2009
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