DOC helps company with mining application, then funds $100k appeal against it

Wednesday, 1 August 2018

Debbie Ngarewa-Packer spoke to a group opposing the sea bed mining decision after it was announced in 2017. (file photo)

The Department of Conservation funded a conservation board's appeal against a seabed mining decision to the tune of $100,000 after earlier helping the mining company with its application.

A document released under the Official Information Act reveals DOC agreed to fund the Taranaki Whanganui Conservation Board's (TWCB) appeal against the Environment Protection Authority's decision in August last year to grant Trans Tasman Resources' (TTR) application to dredge iron sand in the South Taranaki Bight.

Anti iron sand mining protesters at Pātea Beach. (file photo)

It shows TTR asked DOC to develop its permit application in 2016 and clarify issues surrounding the impact of seabed mining on the marine environment. DOC did not submit on the application, but did submit against TTR's first attempt to get mining consent in 2013.

The EPA's decision was subsequently appealed in the High Court in April this year by 11 groups, including the TWCB - all of whom are now waiting on Justice Peter Churchman's reserved decision to be released.

* [Company defends Taranaki seabed iron sand mining decision

](https://www.stuff.co.nz/business/103196917/Company-defends-Taranaki-seabed-iron-sand-mining-decision)* The TTR iron sand mining decision report: 10 points**

The TWCB is an independent body set up under the Conservation Act and is one of 15 serviced by DOC.

According to the document - a memo between DOC acting director policy Jennie Marks and the Minister of Conservation dated November 3, 2017 - DOC funds each board's administration support and day-to-day business expenses from an annual budget allocated by each region.

Other 'one off' actions require separate funding approval and the decision to support the board's appeal, which was a rare occurrence, was made by the deputy director-general.

Prior to seeking appeal funding the board had sought independent legal advice and estimated costs, the memo said.

DOC Hauraki-Waikato-Taranaki operations director David Speirs said the department was acting within the law to fund the TWCB's $100,000 appeal to the High Court.

Spiers said there was provision under the Conservation Act to fund the Boards appeal on the permit.

'Under the Exclusive Economic Zone Act only the applicant, or a submitter could appeal the EPA's decision to allow TTR to mine the seabed,' he said.

DOC did not submit against the original proposal, and had no legal grounds to submit an appeal, he said.

'Taranaki Whanganui Conservation Board was a submitter against the proposal during the public consultation phase of the application.

'Because of this it was entitled to continue exercising legal options against the proposal.'

Spiers said DOC did not submit on the application as it had requested 'substantial additions and amendments to draft conditions' the company planned to submit in its application and these had been agreed to beforehand.

The department had chosen not to make a submission on the application as it had already undertaken technical assessment of the application documents, Spiers said.

'The department was also asked by the Environmental Protection Authority's decision-making committee to provide expert advice at the resource consent hearing,' he said.

TWCB chairman Brendon Puketapu did not respond to calls to comment on the funding.