Interim Hearing On Publication Of Mock Solid Energy Environment Report

Press release

Tuesday 24th July 2007

A member of the Save Happy Valley Coalition will be arguing the right to use parody as a means of criticising corporate behaviour in court on Wednesday. The activist is being sued by state-owned coal miner Solid Energy for publishing a mock report on the company's environmental performance.

The interim hearing will be heard in the Christchurch High Court at 10am on Wednesday 25th July. There will be a Free Speech demo in Cathedral Square at 9am.

"This case echoes McLibel, the 15-year legal battle in Brtain where McDonalds sued two activists for a leaflet criticising the multinational," said Frances Mountier, the Save Happy Valley activist who is being personally sued in the case.

"Such cases are known as SLAPP suits - Strategic Litigation Against Public Participation. Solid Energy's efforts to block the use of parody, along side Parliaments' recent efforts to block the use of photographic parody, have chilling implications for freedom of speech in New Zealand," said Ms Mountier.

"Meanwhile, it has been exposed that Solid Energy indirectly hired Ryan Paterson-Rouse to infiltrate the Save Happy Valley Coalition. He was directed to seek details of the Environment Report court case, and was privy to our confidential legal advice. On that basis we believe Solid Energy may have acessed legally priviliged and confidential information," said Ms Mountier.

*Notes *1. The report can be downloaded from http://indymedia.org.nz/media/all/display/8988

2. The Environment Report begins:

"*This year Solid Energy successfully extracted more than 4.7 million tonnes of coal, contributing 10.3 million tonnes of climate-changing carbon dioxide to the global atmosphere. We made progress with our mountain top removal project (despite significant delays), and used a legal loophole in Court to continue driving an endemic New Zealand species to extinction without prosecution. We worked closely with Helen Clark to ensure that the launch of New Zealand's climate change policy made more reference to 'clean coal' than renewable energy.

Solid Energy is a state owned enterprise, so our dividend goes straight to the Government. On a community level, we also succeeded in having more power than ever at our Stockton Environmental Consultative Group meetings (conveniently set up to 'consult' local community organisations and environmental groups)."*

It then proceeds to detail in a very factual manner the damage that the state owned coal miner has caused to waterways, biodiversity, ecosystems, local communities, critically endangered species and the climate.

2. The Save Happy Valley Coalition is a collection of groups and individuals from around Aotearoa committed to stopping Solid Energy's proposed open cast coal mine in Happy Valley (Upper Waimangaroa Valley) on the West Coast. They work to raise awareness on climate change in New Zealand.

They are also deeply concerned about the fate of all endangered species under threat from Solid Energy, including Powelliphanta "Augustus" at the nearby Stockton mine. The Coalition is made up of West Coast locals, students, workers and the general public. The group has a track record of creative protests and lock-ons as well as producing a variety of informative media. They have been occupying Happy Valley since 28th January 2006. More information about the coalition and its history can be found at http://www.savehappyvalley.org.nz/aboutus.htm

ENDS

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