Trans Tasman Resource off to Supreme Court to fight for right to mine iron sand off Taranaki coast

Thursday, 23 April 2020

Trans Tasman Resource executive chairman Alan Eggers said there was too much at stake not to appeal the Court of Appeal judgement.

A company wanting to extract millions of tonnes of iron sand from the South Taranaki seabed is taking its fight to do so to the Supreme Court.

Trans Tasman Resources lodged a notice of appeal to the Supreme Court this week seeking to reverse the Court of Appeal judgement issued on April 3, which recommended resource consents granted to the company be re-examined by the Environmental Protection Authority.

Environmentalists and iwi opposing the mining proposal have also promised to fight against the latest appeal if it gets to the Supreme Court.

**READ MORE:

Trans Tasman Resource want to mine iron sand from a 66sqkm area off the South Taranaki coast.

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* No seabed mining in Taranaki waters as court decision overturns EPA consent

* Priority fixture wanted for South Taranaki iron sand mining appeal

Marine consents to mine the South Taranaki sea bed are opposed by environmentalists, iwi and fishing companies.

* Environmentalists win appeal against seabed mining decision

* Attack on information to back up plan for seabed iron sand mining

* Company defends Taranaki seabed iron sand mining decision**

The Court of Appeal said it was not in a position to decide whether the company's application to mine should be declined, and the 'appropriate outcome' was for the application to go back to the EPA decision making committee for reconsideration.

In an release, TTR executive chairman Alan Eggers said the company believed the EPA decision making committee, which granted marine resource consents in August 2017 for the company to mine 50 million tonnes of iron sand over 35 years from the South Taranaki Bight, had followed the legally correct approach.

The company is looking forward to having its application for leave to appeal granted, having the appeal heard as soon as possible, and the project getting the 'green light,' he said.

It is the fourth time the consents have been appealed after the High Court overturned the EPA decision in 2018.

TTR estimate the billion dollar project would generate $250m for the Taranaki region annually and create 300 jobs locally.

The project would signal to the world New Zealand was 'open for business', manage low-impact development in one of the world's largest exclusive economic zones, and welcome international investment.

'There was too much at stake for the Taranaki region and New Zealand not to take the legal action,' Eggers said.

Kiwis Against Seabed Mining (KASM), Greenpeace and South Taranaki iwi Ngāti Ruanui have all promised to oppose the application by TTR to seek leave to appeal.

KASM spokeswoman Cindy Baxter said the TTR marine discharge consent granted by EPA had been 'quashed' by appeals in the High Court and Court of Appeal.

Ngāti Ruanui leader Debbie Ngarewa-Packer said TTR should give up on its 'crusade' to use South Taranaki as a testing ground for 'a risky and untested extractive practice'.

'The Court of Appeal ruling found multiple errors of law by the EPA in their approach to the consent including how it would fail to protect the marine environment, and how it failed to address Te Tiriti principles and our kaitiakitanga relationship with the moana,' she said.