The Waitaha Agreement: Protecting recreation through negotiation
WWNZ has worked hard to secure protections for paddlers on the Waitaha River ahead of a forthcoming Fast-track resource consent application for a dam at the entrance of Morgan Gorge by Westpower.
After months of negotiations, WWNZ has reached the final stages of an agreement with Westpower that secures recreational protections on the Waitaha River if the project acquires consent through the Fast-Track Approvals Act.
In exchange for WWNZ taking a neutral stance on Westpower’s Fast-Track proposal, this agreement ensures:
- Four guaranteed “no-take” release days annually during peak paddling season (Nov–Feb) chosen by WWNZ
- Financial compensation if those no-take days aren’t used
- Annual funding to support our whitewater recreation advocacy
- Input into weir design and river safety infrastructure
- Real-time river flow data published online for planning and safety
Why This Decision?
The call to pursue this agreement is an incredibly difficult decision. WWNZ successfully opposed this same project from 2015 up until it was halted in 2019 – a fact we’re proud of. But the political and legal landscape has changed dramatically:
- The project is now being fast-tracked under new legislation designed to limit opposition
- Iwi and West Coast communities have signalled support for the project
- Legal appeal options are extremely limited under Fast-Track rules
- Our legal counsel indicates that projects at this stage are difficult to stop
What hasn’t changed is our mission: to protect and enhance recreational access to Aotearoa’s whitewater rivers. In 2025, this compensation agreement gives us something that opposition alone cannot: enforceable obligations that benefit paddlers.
This Is Not a Partnership or Endorsement
An important clarification is that this is compensation for recreational impact, not a partnership with Westpower. By signing this agreement, we are not supporting their project – we remain neutral. This agreement extracts costly concessions from them with legal accountability.
This strategy is consistent with WWNZ’s established approach with other hydro operators (Genesis, Manawa, Contact, KCE), where we have negotiated recreational compensation when projects proceed.
The Board’s Position
This agreement was approved in principle after extensive deliberation by the WWNZ board. However, the final terms of the agreement were only presented to us in the last week, and Westpower is aiming to submit in the coming week, creating time pressure to make this critical decision.
We are seeking community input over the next few days before finalising our decision. The urgency stems from the risk that delaying could result in losing these negotiated protections entirely as the Fast-Track process moves forward. We initially explained the details of this agreement and addressed questions and concerns from community members who could attend during a webinar on Wednesday, 28 May, at 8 PM.
Key Safeguards
- If the project is declined, this agreement becomes void, and we’ve lost nothing
- If it proceeds, we’ve ensured recreational voices aren’t ignored
- All obligations are legally binding and enforceable
- WWNZ maintains complete independence – they must deliver to us, not vice versa
FAQ Responses:
Q: “Why neutrality when WWNZ successfully opposed this in 2019?”
A: In 2019, Minister Parker declined the project specifically noting impacts on recreational kayaking. Today’s context is fundamentally different:
- The project has formal government support through Fast-Track legislation which significantly limits our ability to oppose the project
- It’s backed by iwi and West Coast community interests
- Review is by an expert panel with broad discretion, not standard RMA processes
- Legal challenges are severely limited under the new Act
We’re adapting our tactics to protect paddlers in a system where being completely ignored is a real risk.
Q: “Couldn’t you fight this through the courts like before?”
A: The Fast-Track Approvals Act was specifically designed to limit legal challenges:
- Prohibits public submissions
- No hearing requirement
- The expert panel has full discretion if “benefits” outweigh adverse effects
- Appeals are limited to narrow points of law only
- Tight decision timeframes (as little as 30 working days)
Legal experts describe projects at this stage as extremely difficult to stop through the courts.
Q: “Isn’t this ‘selling out’ or damaging WWNZ’s reputation?”
A: We understand this concern. This is compensation for recreational impact – the same approach we’ve used successfully with other hydro operators for years. We’re not endorsing the project, we’re ensuring paddlers get something concrete if it proceeds rather than nothing at all. We’re demonstrating that recreational interests can extract meaningful protections even when we can’t stop projects entirely.
Q: “Won’t this weaken opposition to future schemes?”
A: We believe this agreement sets a precedent that recreational interests cannot be ignored. Future developers now know they’ll have to negotiate meaningful protections with paddlers. This could strengthen our position on future projects, not weaken it.
Q: “What about the pristine wilderness value of the Waitaha?”
A: We understand the Waitaha’s reputation has grown as an untouched, iconic multi-day source-to-sea journey. However, the affected section sees little regular paddling activity. The guaranteed, scheduled, no-take days may increase recreational activity by providing organised opportunities for paddlers to experience this section. WWNZ will continue to strive to preserve wild, free-flowing rivers for recreational experiences. However, in instances where this is unlikely to be achieved, such as this case, we want to ensure recreational opportunities are protected, not eliminated.
Q: “Will there be vehicle access to the Morgan Gorge by the Westpower access road?”
A: We are not able to secure this guarantee in the direct terms of the agreement with Westpower. From the interpretation of technical documents, Westpower will construct an access road to the Powerhouse (where water is returned to the Waitaha river), with a further service tunnel capable of heavy machinery access to the intake. As this road will be over private land, Westpower will not guarantee access in the terms, however, our close friends at FMC are currently working with local community members to try to gain an understanding of the current complex access situation and establish contact with landowners in the case of this project’s approval and development. Moreover, in signing this agreement, Westpower has indicated that it will make a good-faith effort to bring us to the table for access negotiations. This could be a critical step that leads to robust year-round vehicle access.
Q: “Why not wait and hope the Fast-Track Act gets overturned by a future government?”
A: We think this is a risky strategy that gambles with paddlers’ interests. Westpower is ready to engage the Fast-Track process now – they have their consent application prepared and support secured. Even if a future government modified the Act, there’s no guarantee it would affect projects already in the system. Waiting and hoping for political change while Westpower proceeds with their application could leave us with nothing. We’d be gambling away concrete, legally binding protections on the chance of future political outcomes that may not eventuate or may not help this specific project.
Q: “What will the financial compensation go towards?”
A: If the agreement is activated, the funds will support WWNZ’s core mission. A portion will be set aside to strengthen our legal and advocacy capacity for future river protection efforts. We also plan to invest significantly in improving recreational paddling opportunities on the West Coast, such as enhancing river access or supporting local initiatives that benefit the community most affected by the dam.
Q: “What if your members disagree with this approach?”
A: Our volunteer board represents our members, and the decision to consider this proposal was made with careful consideration of the facts. We believe that in this case, extracting concrete protections serves paddlers better than symbolic opposition. We understand that not everyone will agree, and we welcome respectful discussion. Members who have questions, concerns, or alternative views are encouraged to contact us directly or share feedback through our channels. We’ve always believed that strong advocacy includes listening, and we remain committed to paddling values first and foremost.
What Happens Next
We will collect community feedback over the next few days before making our final decision. Please share your thoughts via email to communications@rivers.org.nz or get in touch for a call with a member of the board.
Your voice matters in this decision.
Learn more:
Consideration of this agreement reflects our commitment to being both principled and strategic in protecting recreational access. We invite continued discussion as we navigate these challenges to recreational paddling opportunities together.