Family challenge to Transpower on lines upgrade

Transpower's right to go on to private land and upgrade its transmission lines is being tested in court by a South Canterbury farming family which says it is worried about the value of its property.

The Environment Court case taken by the Hale family began yesterday and will be closely watched by farmers throughout the country.

Within the past week 60 Waikato farmers and 50 Auckland farmers have resolved to deny the national electricity grid operator access so it can do work needed to increase the power-carrying capacity between South Waikato and Auckland.

The Hales, operating as Fernside Dairies Ltd, say Transpower has no automatic right to go on to their dairy farm 20km southwest of Timaru to upgrade the high voltage lines running along about 2.7km of their land.

They are seeking a judgment that Transpower's plan to double the number of conductor wires from three to six and double the capacity for carrying electricity will have an "injurious affection" on their land value and farming operations. This could open the way for a compensation claim.

Transpower says the upgrade is needed to meet growing demand for electricity in Christchurch and the top of the South Island.

In a statement to the court, Fernside Dairies director Gareth Hale said he had no objection to the line upgrade.

"I appreciate that Fernwood, like every other farming business in the country, needs a reliable source of electricity," Mr Hale said.

But the company needed to know ere it stood in terms of what it could do on its property and the limits of Transpower's rights."

The family had tried to negotiate with Transpower over an easement around the lines and towers, but it conflicted with plans for a storage dam and irrigation costing up to $3.5 million.

"The offer of $30,000 that was made for an easement did not ... adequately address seriousness of the problems caused by the upgrade that were posed in this case," Mr Hale said.

Fernside lawyer Paul Cassin said Mr Hale had concerns about the effect the upgraded lines would have on the health of his pregnant wife.

"There are also serious concerns as to the effect the upgrade and replacement proposal will have on the value of the property in the eyes of not only the theoretical, hypothetical prudent purchaser," Mr Hale said.

"This is not a test case as far as the Hale family is concerned. This is a matter of direct and immediate concern to them."

If given a judgment of injurious affection, the Hales would be prepared to renegotiate over an easement. Transpower is expected to present its case from today.