KEY POINTS:
Energy Minister David Parker is facing questions after claims he interfered in an independent regulatory body decision, after he said he did not, and is now likely to have to repeat his denials in court.
The issue has arisen in a High Court action taken by New Era
Energy, a coalition of residents along the route proposed by Transpower for a $600 million power line project. It plans to have 70m-high pylons stretched across the Waikato to Auckland.
Leading environment lawyer Paul Cavanagh QC is acting for the residents, who claim that the Electricity Commission failed to follow a legally mandated process when it approved the Transpower transmission project in 2007.
They also claim, in papers filed with the High Court in Wellington, that political pressure led to the Electricity Commission approaching its decision to approve the line with a "closed mind" and "biased view".
The first hearing is due to take place in mid-February.
The basis for that claim centres on meetings between Energy Minister David Parker and Electricity Commissioner Roy Hemingway, and separately, Finance Minister Michael Cullen and Hemingway. Both ministers are likely to be summonsed to testify in court over their actions.
A sworn affidavit by Hemingway, filed in court with the action, claims Parker gave "his view of how the [Electricity Commission] was to do its job", that the commission should stop mediating relationships in the Waikato and should "defer to Transpower on all technical matters".
Parker has denied intervening in the process, saying he told both parties the country needed an answer to Transpower's proposal. But the claim states that Parker or any other Government minister had no legal power to "direct or intervene" in the decision-making process that the Electricity Commission was carrying out.
The legal action targeting Parker also claims that Cullen met with Hemingway to tell him the Government "would not tolerate a stalemate" over the Waikato transmission line and if a decision was not made quickly, he would intervene.
Hemingway also stated that Cullen had said he would deny the meeting ever took place.
Cullen has said in Parliament that in "the interests of the country and the interests of Auckland... they had to find a solution and stop playing games with each other". Cullen also rejected in Parliament suggestions he would deny the meeting took place.
Parker faces greater difficulty over his denials after Herald on Sunday inquiries found that two of the commissioners present at the meeting with Hemingway were likely to back the version of events put forward by New Era Energy.
Other issues identified in the New Era Energy action include the claim the commission chose to rely on outdated figures for electricity demand in Auckland, rather than newer figures showing less demand.
The effect was to add urgency to the need to approve Transpower's claim, and also to approve the high-voltage transmission line, rather than lower-powered, possibly cheaper and less intrusive, alternatives.
Cullen, Parker and the Electricity Commission would not comment because of the High Court action.
