Conservation Minister advised to give up some mining decisions to avoid conflict calls
Thursday, 2 July 2020
A judge has advised Conservation Minister Eugenie Sage to handover future decisions on some mining projects after being accused of bias.
High Court Justice Karen Clark this week dismissed an application for a judicial review into Sage's decision to reject a new mine on conservation land on the West Coast.
Sage and Energy and Resources Minister Megan Woods rejected Rangitira Development Ltd's application in June 2018 to mine a 12-hectare patch of conservation land at Te Kuha, near Westport.
Justice Clark said the coal mining company had alleged Sage was biased because of her 'strong voice against coal mining generally'.
**READ MORE:
* Mining company granted leave to appeal West Coast mine decision
* Conservation fight should be applauded
* West Coast mine dealt second blow through Court of Appeal
**
Sage opposed the mine while employed by Forest and Bird and had drafted submissions opposing it in the 1990s.
Justice Clark said the evidence showed Sage approached the application with an open mind, but noted the “scrupulous impartiality expected of judicial officers cannot be expected of ministers of the Crown”.
However, she suggested another minister could make the decision in future “unique” cases Sage had 'a close and adversarial position' on to ensure public confidence in the decision-making was maintained.
Sage told Stuff she carefully considered any potential conflicts before making decisions on applications and “will continue to do so”.
“In relation to Te Kuha, I worked for Forest and Bird in relation to a different mining access application several decades ago.”
She stopped working for the agency in early 2007.
Sage had deferred decision-making for a controversial application for a hydropower scheme on the Waitaha River to Environment Minister David Parker. That too was rejected.
University of Canterbury political scientist Bronwyn Hayward said former Environment Minister Amy Adams was similarly criticised for her links to the farming industry when she was making decisions about water in Canterbury.
'In the case of mining on the coast or water management in Canterbury, we are always going to have passionate views on either side.
“In fact, it would be odd to have Ministers of Conservation who had never been involved in their previous lives in environmental debates in some way.”
The fact the decision went to judicial review ensured that it was transparent, accountable and fair, Hayward said.
Sage said she was 'delighted' the High Court dismissed Rangitira Development’s application for a judicial review.
The decision was a win for conservation because the land had the last remaining unmodified and intact coal measure ecosystems, she said.
'This undisturbed area where coal is found is precious and unique. It supports complex and diverse habitats for threatened plants and wildlife.
”Disturbing this environment would cause irreversible and permanent damage that, in our view, could not adequately be safeguarded against.”
The ministers found the economic benefits the mine would have brought would not outweigh the loss of significant conservation values, Sage said.
Rangitira Developments spokeswoman Anne Brewster said she was disappointed in the decision.
'The court did agree that the ministers had only considered information which was not up to date in terms of Rangitira’s proposed conditions for mitigation and positive environmental measures in the most recent revisions of the project.”
She said the company would submit a fresh application for access to the 12ha.
The mine would have employed 58 people and pumped $28 million a year into the West Coast economy.
The application is a small part of Rangitira Development Ltd's plan to mine 144ha in Buller. It is also locked in an Environment Court battle with Forest and Bird to mine 100ha of Council Reserve, which it got resource consent for from the West Coast Regional Council and Buller District Council in November 2017.