Associate Local Government Minister Louise Upston and Environment Minister Dr Nick Smith announcing the reinstatement of an elected council for Environment Canterbury.

Environment Canterbury's (ECan) commissioners privately lobbied the Government to retain some of their most controversial powers, documents show.

In private discussions with the Government, chair of the commissioners Dame Margaret Bazley advocated for the retention of a special power blocking appeals to the Environment Court.

It was one of the most contentious powers afforded to the commissioners when they took over the regional council in 2010, and meant regional and sub-regional plans could only be appealed to the High Court on matters of law.

MARTIN HUNTER Dame Margaret Bazley, chair of the Environment Canterbury commissioners.

Groups such as Forest and Bird and Fish & Game criticised the removal of Environment Court appeals, which prevented them from challenging ECan's planning documents on environmental grounds.

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Others, such as Federated Farmers, supported the principle of a truncated appeals process as it reduced delays.



Despite refusing to make a public submission on the Environment Canterbury (Transitional Governance Arrangements) Bill, which would extend the reign of the commissioners to 2019, correspondence showed the commissioners had consulted with the Government and submitted privately during the bill's drafting stage.



In letters dated June 19 and sent to Government ministers Dr Nick Smith, Louise Upston, Paula Bennett and Nathan Guy, Bazley stressed the importance of retaining the limited appeals powers, and said if ECan lost them it would affect four of its upcoming sub-regional plans.

In an earlier letter, Bazley warned the Government that if ECan lost its limited appeals powers, it would "significantly curtail progress" on key sub-regional plans to the point where some might not be completed before a potential return to full democracy in 2019.

ECan's limited appeals powers were maintained in the draft version of the bill.

In its private submission on the draft, dated August 6 – several months after the earlier lobbying – the regional council said it was "very pleased" to see that ministers proposed retaining the restriction on appeals.

"These powers are considered a vital tool in enabling the momentum on resource management planning in the region to continue," it said.

ECan also lobbied for the bill to widen its scope from "freshwater" to "water", allowing it to use the truncated appeals process for a coastal plan.

This was rejected by the Government, which said it had been clear with the commissioners that their power would be scaled back to concern freshwater.

Former ECan councillor and Green MP Eugenie Sage said the regional council was "using backdoor methods" by lobbying the Government directly, rather than making a public submission to the Select Committee.

"It shows a disdain for Parliamentary process. ECan commissioners are wanting to secretly restrict public rights and not be accountable for that."

Despite powers intended to speed up land and water planning in the region, the regional council had been slow in doing so, she said.

"ECan commissioners are obviously struggling to complete sub-regional catchment based plans. This is despite nearly six years of special powers, no democracy and no Environment Court appeal rights for water plans, all measures claimed to speed up the planning process."

On Monday, Bazley said she was optimistic that, under the new law, the regional council would meet the deadlines it had set.

"We are working to ensure that we make as much progress as possible this year, and that we provide the incoming council with a good brief later this year so progress can be maintained to meet that date."

Planning work had progressed slowly for several years when Environment Court appeals were in effect, and before the commissioners came in, she said.

"The special powers have allowed us, in partnership with the community, to make excellent progress since then."