Tribunal must go on

Press, 16 July 1982, Page 1

Tribunal must go on

Parliamentary reporter In spite of assertions that the legal process now to be embarked upon to retain the Government's Clyde dam water right is a “charade,” none of the parties plans to withdraw, and the- Planning Tribunal has no powers to desist from a hearing. Legal spokesmen for the parties said yesterday that the tribunal was subject to the court of inherent jurisdiction — the High Court — which had instructed it to reconsider its finding by considering the end use of the power. Being a creature of statute, the Planning Tribunal was “obliged to hear an active matter before it, in the terms of the statute,” said a spokesman for the legal section of the

Ministry of Works. In spite of legislation at the end of the due legal process to overturn any decision against a water right for a high dam at Clyde, the case still had to be heard on its merits, the spokesman said. There was no guarantee that the Government would have the necessary majority to pass legislation at the end of the process, which might take two years. There might have been a General Election or by-elections. However, the legal process would bind the Labour Party, on its own admission, if it became the government. The tribunal, after addressing itself to the end use of the power, might decide to uphold the Government’s water right. In this case the

legal process would have proved itself, without Government intervention, the spokesman said. Legal counsel for nine appellants against the water rights, a Christchurch barrister, ) Mr C. B. Atkiiison, said that the apppellanfe’ case had to be proved right tyi its merits, and this justified proceeding. The Ministry of Works spokesman said that if a statute did not address itself direct to the powers of a tribunal to not hear a matter, there was ample precedent in law for applicants for consents to take out a writ of mandamus to force a tribunal to carry out a statutory duty. Although it was certain that the Planning Tribunal would sit, spokesmen said

that it would probably make its views known ‘“in no uncertain terms” about the manner of its sitting. The Minister of Works (Mr Friedlander) confirmed last evening that the WilliamsonZublin partnership remained the preferred tenderer for the contract to build the high dam.

He said that newspaper reports which cast doubts on Williamson’s future role in the project had “no validity.” The deadline for finalising the contract had been extended, in good faith, to the end of September, said Mr Friedlander. Now that the legislative impasse had been resolved, the Government could address itself to letting the contract.

. The dam’s future was assured when the AuditorGeneral (Mr A. C. Shades) approved, an agreement between the Government and Social Credit, the Press Association reported.

Mr Shailes said that he had exchanged letters with the'Prime Minister (Mr Muldoon) early yesterday and “it is all okay, of course.”

As the bulldozers and workmen were. reported to be moving to make the historic diversion of the Clutha River, Mr Shailes said Mr Muldoon had.advised that he would promote; legislation if necessary to expenditure on the: high dam. The Auditor-General said that' he had ’ no reservations about the:, agreement between the two political parties. I " “The agreement is their business,” he said. “It has nothing to do with me. Mr Muldoon has got. support in the House — .-that is what I

am really worried about.” Mr Muldoon said in a statement that the Minister of Works had been instructed to proceed with construction of the high dam.

On the site itself, men and machines started tearing into the Clutha River diversion with a vengeance. With water flowing through the 700 m-long diversion channel, round-the-clock work started yesterday on the building of the 80m-long upstream coffer dam that will stop the river- from continuing on its natural course.

Dump trucks, bulldozers, and loaders will shift material the few metres from the stock pile on the left bank to what will eventually become the 100,000 cubic metre coffer dam.

, Once the upper coffer dam has been completed to a height of about.! 5m above river, level, which is expected to be sometime on Saturday, there will be a repeat per-, formanee for the downstream structure. The senior construction engineer on site, Mr Howard

Justice, said, that work on the downstream coffer should start on Monday, with “dewatering” of the pond between the two structures probably taking place the next week.

While this pumping was going on, material would continue to be added to the top of the coffer dams, which would eventually stand more than 10m above the river level.