Priority fixture wanted for South Taranaki iron sand mining appeal

Thursday, 22 November 2018

The decision approving the seabed mining venture split the Environmental Protection Authority members in August 2017.

Appeals and cross appeals concerning Trans-Tasman Resources' bid to excavate the seabed for iron sand are heading to a 2019 hearing.

The Court of Appeal is yet to give permission for what will be a second appeal in the case, but at a hearing in Wellington on Thursday three judges and and a room full of lawyers, attempted to refine the questions the court will be asked to decide.

In August last year, Trans-Tasman Resources was given consent to mine up to 50 million tonnes of iron sand from a 66sqkm area off the South Taranaki Bight.

The 66 square kilometres, in green, off the South Taranaki coast where Trans-Tasman Resources wants to mine iron ore. (File image)

A casting vote was used to break the deadlock on the Environmental Protection Authority's decision to grant the 35 year consents to extract, process, and discharge material.

* Seven appeals lodged in High Court to fight Taranaki ironsand mining plan

* The TTR iron sand mining decision report: 10 points

* Controversial plan to mine seabed for iron ore approved in split decision**

In August the decision was overturned when opponents to the project won an appeal to the High Court.

Appeals have been filed from both sides against that decision.

Thursday's hearing was told that Trans-Tasman asked for a priority fixture, before a 'full' court. The Court of Appeal usually sits as three judges but a full court is five judges or, on rare instances, seven.

The court's president will decide when what is expected to be a three day hearing will take place, and how many judges will be on the bench.

Trans-Tasman Resources wants to extract iron ore for export.

A remote-controlled dredge would vacuum sand from the sea bed in depths between about 20 metres and 42m, to a processing ship. The dredging was planned in an area 22 kilometres to 36km offshore from Patea.

It was planned that about 90 per cent of the material would be returned to the sea. Opponents said the noise and sediment plume would cause fish to avoid the area, and would result in long term, if not permanent, damage to the environment and cultural concerns of Māori.

The company said the area was already intensively fished, had gas and oil installations, and was a rugged environment subject to naturally occurring sediment flows from rivers.

Taranaki iwi Ngāti Ruanui, and Trustees of Te Kaahui o Rauru, along with Greenpeace, Kiwis Against Seabed Mining, the Royal Forest and Bird Protection Society, the Taranaki-Whanganui Conservation Board, Cloudy Bay Clams, the Federation of Commercial Fishermen, Southern Inshore Fisheries Management Company, Talleys Group, and Te Ohu Kai Moana Trustee Ltd, opposed the consents.