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Mining Case is being taken to the Court of Appeal

Friday, 23 September 2005, 1:36 pm
Press Release: Environmental Defence Society

The Environmental Defence Society (EDS) has announced that an appeal is being filed today against a decision of the High Court regarding mining on the Coromandel Peninsula.

Earlier this month the High Court upheld an Environment Court decision that the Thames-Coromandel District Council was not entitled to use prohibited activity status for mining.

Announcing the appeal, EDS Chairman Gary Taylor said that his organisation had been approached by Coromandel Watchdog of Hauraki Incorporated to review the High Court decision.

"We have had four lawyers look at the decision and there is a clear consensus that the High Court may have erred in law," said Mr Taylor.

"Our view is that the council is entitled to use prohibited activity status in the circumstances on the Coromandel Peninsula and that more generally, councils are entitled to use prohibited activity status for activities they don't think are appropriate in their districts and that meet the relevant statutory tests.

"We are concerned that the High Court decision seems to limit the powers of councils to use that approach at a time when many are doing so, especially to control adverse cumulative effects across whole landscapes.

"The case therefore has implications that are much wider than the specifics of mining and so EDS agreed to assist Coromandel Watchdog in challenging the decision.

"The next step is to seek leave from the High Court to file an appeal with the Court of Appeal. The relevant papers are being filed by Kensington Swan today," Mr Taylor concluded.

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Environmental Defence Society

EDS speaks for the environment. It has influence.

Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand through law and policy change. That's why it's one of this country's most influential non- profit organisations when it comes to achieving better environmental outcomes.

EDS has expertise in key disciplines including law, planning, landscape and science. It operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together the private and public sectors for constructive engagement.

EDS runs conferences and seminars on topical issues, including an annual Environmental Summit and the Climate Change and Business Conference.

EDS is a registered charity and donations to it are tax-deductible.