KASM, Greenpeace, file cross-appeal on seabed mining

Kiwis Against Seabed Mining and Greenpeace have today sought leave from the Court of Appeal to cross-appeal on the High Court judgment that quashed Trans-Tasman Resources’ (TTR) consent to mine the South Taranaki Bight seabed for ironsand.

Two weeks ago, the company sought leave to appeal to the Court of Appeal against the High Court’s decision in August that the EPA decision to grant it a consent was unlawful. However, that High Court decision upheld just one of a number of points of law raised by KASM and Greenpeace’s appeal.

“There were a number of points we raised that the High Court decision did not uphold, and the Trans-Tasman Resources’ appeal has given us the opportunity to challenge those decisions,” said Cindy Baxter, KASM chairperson.

“We owe it to the thousands of people across the country who opposed this seabed mining application to make sure that any precedent set by these decisions are as strong as possible in terms of protecting the environment and natural justice.”

The points KASM and Greenpeace are seeking leave to cross-appeal on include the High Court's judgments around a number of points, including:
• the application of the precautionary principle and international law;
• the conduct of the hearing itself – including how the chairman of the EPA committee used his casting vote;
• the failure of the EPA to take economic costs as well as benefits into account;
• the way the EPA dealt with issues around the effects of seabed mining
• crossing the boundary into the coastal marine area; and
• the failure to differentiate between a bond and public liability insurance
“Our cross-appeal is a logical step to take in this precedent-setting decision, as there are other seabed mining companies waiting in the wings. There are enough pressures on our oceans already without having to deal with the impacts of seabed mining,” said Emily Hunter of Greenpeace.
Download Notice of Cross-Appeal KASM-Greenpeace

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