Scientific consultant Brian Patrick, of Alexandra, gave evidence on the proposal as a witness for appellant Ewan Carr. His evidence included planned mitigation measures and whether they were appropriate. During cross-examination, Mr Patrick said Meridian's plan to store spoil, including soil taken from the site during construction, in various disposal sites on the proposed 92sq km property would unnecessarily threaten indigenous flora and fauna of the Lammermoor Range.

The Resource Management Act states clearly in section six of ‘purposes and principles' that matters of national importance include the protection of historic heritage and outstanding natural features and landscapes from ‘inappropriate subdivision, use and development'. Both the consent authority's commissioned Landscape Architect Ben Espie and Planner David Whitney thought so, suggesting formally that Project Hayes should be declined. Barrister John Matthews, who chaired the Hearing panel and issued a dissenting decision recommending that Hayes be turned down, thought so too. Yet the All-of-Government submissions in support of Hayes evidently held sway, for Project Hayes was given consent in November 2007, with the decision ‘owned' by Central Otago District Council.