West Coast mine dealt second blow through Court of Appeal

Tuesday, 23 October 2018

The future of the proposed 116-hectare Te Kuha mine, near Westport, is now uncertain.

A controversial application for a new mine on the West Coast has been dealt a second blow by the Court of Appeal.

The application to mine 12 hectares of conservation land at Te Kuha, 15 kilometres from Westport, was declined by the Government in June.

The Court of Appeal has now found the Buller District Council misinterpreted its role under the Reserves Act in granting Stevenson Mining, part of Rangitira Developments, access to 104ha of council reserve land.

The mine was to have had a 16-year lifespan and employ 58 people.

* DOC joining appeal against Te Kuha mine on the West Coast

* Forest & Bird appeal open-cast West Coast mine on public land

* Coal mine proposed for West Coast reserve land challenged in court

* West Coasters want chat with Government over mining alternatives

* Buller mayor hopes change of Government won't stop planned open-cast coal mine**

Forest & Bird had challenged a High Court decision that ruled in favour of the way the council had used to law to grant the access arrangement.

However, the Court of Appeal overturned that decision on Tuesday.

The Appeal court's decision says the part of the reserve that will be affected by the mine is covered in vegetation.

'It has extensive areas of intact low forest in which pink and yellow silver pine are important components. Twenty-three species of indigenous birds are identified in the mining permit area, two of which are threatened (the great spotted kiwi and the New Zealand falcon) and five of which are described as 'at risk'.'

It said the council should have made its decision in accordance with the Reserves Act, which protected scenic, historic, archaeological, biological, or natural features present on the reserve. It could not let the economic benefits of the mine to the region outweigh the requirement to protect the reserve.

Stevenson Mining chief operating officer Anne Brewster said the company would review the decision.

'We aren't in a position to make any decisions at this stage as to what our plans may be,' she said.

The company previously indicated the mine would not be economically viable without the higher-grade coal within the conserved area.

Forest & Bird general counsel Peter Anderson said it was too early to say if the decision would prevent the mine from going ahead, but it would make it much more difficult.

The company could still seek leave to appeal to the Supreme Court.

'This is a pristine area of intact forest, home to threatened bird, lizard, invertebrate and plant species. It's fantastic news that the Reserves Act will be able to fulfil its purpose in protecting the natural features, as the public of New Zealand would rightly expect,' he said.

'Great spotted kiwi, the South Island fernbird and the West Coast green gecko all live in this area. It's home to the largest known population of the rare forest ringlet butterfly and other threatened invertebrates, including what appears to be a previously unknown species of tiger beetle. Our view is that it is not an appropriate place for an opencast coal mine.'

The Buller District Council had granted resource consent to mine the 104ha of reserve land in 2017.

Forest & Bird has also challenged that decision to the Environment Court. The case has been adjourned.

A joint statement released in June by Conservation Minister Eugenie Sage and Energy Resources Minister Megan Woods said the mine would have done 'irreparable damage to an area with very high, unique and nationally significant conservation values'.

Brewster said Stevenson mining was still deciding whether to seek a judicial review of the Government's decision.

Buller mayor Garry Howard has been approached for comment.