Entry

31/08/2017

Kiwis Against Seabed Mining has today filed an appeal in the High Court against the Environmental Protection Authority’s decision to grant consent to Trans Tasman Resources to dig up 50 million tonnes of the South Taranaki Bight seabed a year for 35 years.

EDIT: Greenpeace New Zealand has joined KASM’s appeal.

Under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ/CS Act), the appeal is on points of law.  sth_taranaki

 KASM and Greenpeace’s notice of appeal sets out 15 different points on a wide range of subjects where it considers the EPA erred in its decision including (in lay terms):

– failing to take into account natural justice

– failing to make public its rules around the chair’s casting vote

– failing to apply environmental bottom lines

– granting consent without an adequate environmental impact assessment

– failing to require adequate information from Trans Tasman Resources

– failing to require Trans Tasman Resources to provide environmental baseline information

– failing to have proper regard for the Resource Management Act and the NZCPS

– failing to take a precautionary approach

– failing to apply caution and environmental protection

– failing to take all cumulative effects into account

– failing to require Trans Tasman Resources to provide a costs  as well as projected benefits of the economic impacts

– setting out consent conditions that amount to an adaptive management approach (which is illegal)

– failing to impose a bond on the company

– setting out conditions it was not legally allowed to

 KASM has called for the High Court to set the decision aside.

 “We have gone through the nearly 400-page decision and we think the EPA has erred on a number of points of law, right across its decision,” said Cindy Baxter, KASM Chairperson.  

 “KASM is appealing because the EPA made a bad decision, a decision that we believe is wrong in law as well as in principle– and we have seen an overwhelming response against it,” she said.

 The full Notice of Motion from KASM can be found here.

KASM understands a number of other organisations are also appealing.