Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Reversible effects of seabed mining bid ignored, says appeal

Reversible effects of seabed mining bid ignored, says appeal

By Pattrick Smellie

July 10 (BusinessDesk) - Would-be seabed ironsands miner TransTasman Resources says the rejection of its marine consent application rejected last month "did not meet the requirements of the Exclusive Economic Zone Act and was unjust", in its application to appeal the findings of the Decision-Making Committee (DMC) appointed to hear the application by the Environmental Protection Authority.

TTR and opponents spent two months at hearings earlier this year on its proposal to dredge some 50 million tonnes of ironsands annually, extract 5 million tonnes of iron ore and return the remainder to the seafloor, off the coast of Patea in the South Taranaki Bight. It was the first such application for seabed mining under new legislation governing New Zealand's vast, oceanic EEZ.

In documents lodged at the High Court in Wellington, TTR mounts numerous challenges to the DMC's findings and process ,including the order in which it took expert and non-expert evidence, denying TTR opportunities to cross-examine late witnesses, and failing to seek more information that it said it needed, only to reject the proposal on the grounds of uncertainty.

It had also failed to take into account accepted expert evidence, including that the environmental effects of the mining would be reversed within a decade, and had treated some non-expert evidence as coming from experts.

It had also ignored expert witness advice that it was not entitled to ignore and had run an inquiry "that was driven by process and availability considerations, not a proper evidential process."

"The sequencing of evidence and submissions meant that TTR was unable to identify some matters that required attention in evidence, cross-examination, or conditions until the non-expert evidence was filed and submissions made," TTR's legal counsel, Hugh Rennie QC, says in the application to appeal.

TTR had introduced new objectives relating to concerns over the impact of sand plumes on oceanic primary productivity on the last day of the hearings, in response to late, non-expert evidence on the subject, but the DMC "held there had been no opportunity for it to be given any expert review, a matter which arose from the actions of the DMC, not TTR."

TTR also argues the DMC knew it needed more information, but ultimately did not seek it.

"It was not entitled in law to assume that TTR could not provide that information," the company's submission says. "Nor was it entitled ... to infer that TTR did not have such information but it took such inferences in respect of matters it considered to be pivotal."

It was wrong for the DMC to use timelines in the EEZ Act, which require a decision within nine months of an application being lodged, not to extend its deliberations or to request further information.

The DMC should also have treated TTR's proposals for a staged "adaptive management" approach, rather than finding such a process was not possible, the claim says.

The Environmental Defence Society has said it will be cross-appealing the decision.

(BusinessDesk)

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Media: Fairfax Moves To Create Modern Newsroom

Fairfax Media New Zealand continues its newsroom transformation this week, with a proposal to further organise its editorial operations into focused, local teams and specialist national topic areas. More>>

ALSO:

Dairy: Fonterra Forecast For 2015/16 Season

Fonterra Co-operative Group Limited has today reduced its forecast Farmgate Milk Price for the 2014/15 season to $4.40 per kgMS. Along with its previously announced forecast dividend range of 20-30 cents per share, the change amounts to a forecast ... More>>

ALSO:

BusinessDesk: SkyCity Lifts Minimum Convention Centre Investment To $430M

SkyCity Entertainment Group, the casino operator, has lifted the minimum it will invest in the Auckland International Convention Centre to $430 million and said total costs including land may be $450 million to $470 million. More>>

Statistics: Drop In Dairy Prices Leads Fall In Exports

Total goods exports fell $240 million (5.5 percent) to $4.2 billion in April 2015 compared with April 2014, Statistics New Zealand said today. More>>

BusinessDesk: APN's NZME Sees Future In Paywalls, Growth In Digital Sales

APN News & Media has touted a single newsroom concept for its NZME unit in New Zealand, similar to what Germany's Die Welt uses, saying an 'integrated sales proposition' is helping it win market share, including ... More>>

Labour Party: Global Milk Prices Now Lowest In 6 Years

The latest fall in the global dairy price has brought it to the lowest level in six years and shows there must be meaningful action in tomorrow’s Budget to diversify the economy, says Labour’s Finance spokesperson Grant Robertson. “Dairy prices ... More>>


BusinessDesk: NZ Inflation Expectations Creep Higher In June Survey

May 19 (BusinessDesk) - New Zealand businesses lifted their expectations for inflation over the next two years, sapping any immediate pressure on the Reserve Bank to cut interest rates, and prompting the kiwi dollar to jump higher. More>>

BusinessDesk: Lower Fuel Costs Drive Down NZ Producer Input, Output Prices

May 19 - Producer input and output prices fell in the first quarter, mainly reflecting lower fuel costs and weakness in prices of meat and dairy products. More>>

Media: Fairfax Media NZ Announces Senior Editorial Team

Fairfax Media New Zealand has today confirmed its new editorial leadership team, as part of a transformation of its newsrooms aimed at enhancing local and national journalism across digital and print. More>>

Science: Flavonoids Reduce Cold And Cough Risk

Flavonoids reduce cold and cough risk Research from the University of Auckland shows eating flavonoids – found in green tea, apples, blueberries, cocoa, red wine and onions – can significantly reduce the risk of catching colds and coughs. The research, ... More>>

BusinessDesk: RBNZ House Alert Speech The Catalyst For Government Action

Prime Minister John Key all but conceded that pressure from the Reserve Bank of New Zealand for concerted action on rampant Auckland house prices was one of the main catalysts for the government's weekend announcements about tightly ... More>>

BusinessDesk: How To Fall Foul Of The New Housing Tax Rules: Tips From IRD

Just because you rented out your investment property doesn't absolve you from paying tax, says the Inland Revenue Department in a summary of commonly made mistakes by non-professional property investors when it comes to their tax liability.More>>

Legal: Superdiversity Law, Policy And Business Stocktake Announced

Mai Chen, Managing Partner at Chen Palmer New Zealand Public and Employment Law Specialists and Adjunct Professor of Law at the University of Auckland, today announced the establishment ... More>>

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news