Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


EDS concerned about high uncertainty in Trans-Tasman Case

Media Release: EDS concerned about high uncertainty in Trans-Tasman Resources case

EDS has presented its closing legal submissions to the Decision-Making Committee (DMC) considering an application from Trans-Tasman Resources (TTR) to mine iron sands in the Exclusive Economic Zone off the west coast of the North Island. The hearing was adjourned yesterday following the presentation of Trans-Tasman Resources closing submissions.

“EDS’s closing submissions focused on the requirement for the DMC to favour caution and environmental protection when reaching a decision. We also commented on the consent conditions proposed by Trans-Tasman Resources,” said EDS Policy Director Raewyn Peart.

“The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act (EEZ Act) requires ‘caution and environmental protection’ to be ‘favoured’ where there is uncertainty or inadequacy in the information available to the decision-maker. In our view, such uncertainty clearly exists in the TTR case. As a consequence the decision must ensure that environmental protection is achieved. However, EDS submitted that the proposed consent conditions would not achieve this.

“TTR’s proposed conditions require various adverse effects to be no more than minor (or similar). EDS, along with other submitters and the EPA staff report, concluded that such conditions were too vague and subjective and would be unenforceable if the need arose in the future.

“Although the consent conditions would require more precise standards to be developed following two years of baseline monitoring, the DMC has to decide now, whether the environmental effects of the project are acceptable or not. In EDS’s view, it cannot delegate this decision to a future process that will occur behind closed doors.

“Our submissions also addressed environmental compensation which becomes relevant if the DMC grants consent. Environmental compensation is now commonly expected for large projects consented under the Resource Management Act. EDS submitted that a similar approach should be applied under the EEZ Act to address significant residual environmental effects.

“EDS also questioned whether the DMC has the jurisdiction to impose conditions addressing discharges (a key effect of the project). The EEZ Act does not currently manage discharges, although an amendment to the Act will soon come into force to fill this gap. We have a real concern that any conditions addressing discharges could be challenged in the future.

“EDS has invested a considerable amount of time and effort into this hearing and no funding for cases under the EEZ Act is available from the Environmental Legal Assistance Fund. We appreciate the support we have received to date from the public to enable us to participate in these demanding processes,” Ms Peart concluded.

To support EDS’s case, visit our website www.eds.org.nz and make a donation.

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell:
On The Northland By-Election

Supposedly, Winston Peters’ victory in Northland has exposed the simmering dissatisfaction with the government that exists out in the provinces. Yet it remains to be seen whether this defeat will have much significance – and not simply because if and when Labour resumes business as usual in the Northland seat at the next election, Peters’ hold on it could simply evaporate.

On Saturday, National’s electorate vote declined by 7,000 votes, as the 9,000 majority it won last September turned into a 4,000 vote deficit – mainly because Labour supporters followed the nod and wink given by Labour leader Andrew Little, and voted tactically for Peters. In the process, Labour’s vote went down from nearly 9,000 votes six months ago, to only 1,315 on Saturday. More>>

 
 

PARLIAMENT TODAY:

Climate: Ministers Exclude Emissions From ‘Environment Reporting'

The National Party Government has today revealed that the national environmental report topics for this year will, incredibly, exclude New Zealand’s greenhouse gas emissions, the Green Party said today. More>>

ALSO:

No Retrial: Freedom At Last For Teina Pora

The Māori Party is relieved that the Privy Council has cleared the final legal hurdle for Teina Pora who was wrongfully convicted of murder and sent to prison for 22 years. More>>

ALSO:

Germanwings Crash: Privacy Act Supports Aviation Safeguards In New Zealand

Reports that German privacy laws may have contributed to the Germanwings air crash have prompted New Zealand’s Privacy Commissioner to reassure the public that the Privacy Act is no impediment to medical practitioners notifying appropriate authorities to a pilot’s health concerns. More>>

ALSO:

Treaty: Taranaki Iwi Ngāruahine Settles Treaty Claims For $67.5mln

The settlement includes a $13.5 million payment the government made in June 2013, as well as land in the Taranaki region. The settlement also includes four culturally significant sites, the Waipakari Reserve, Te Kohinga Reserve, Te Ngutu o te Manu and Te Poho o Taranaki. More>>

ALSO:

Gordon Campbell: On A Funeral In Asia, The Northland By-Election, And News Priorities

Supposedly, New Zealand’s destiny lies in Asia, and that was one of Foreign Minister Murray McCully’s rationales for his bungled reforms at MFAT. OK. So, if that’s the case why didn’t Prime Minister John Key attend the state funeral on Sunday of Singapore’s founding leader Lee Kuan Yew? More>>

ALSO:

Werewolf Satire: Not Flag-Waving; Flag-Drowning

The panel choosing the flag options has no visual artists at all. Now, I’ve kerned the odd ligature in my time and I know my recto from my French curve so I thought I’d offer a few suggestions before they get past their depth. More>>

ALSO:

IPCA Reports: Significant Problems In Police Custody

In releasing two reports today, the Independent Police Conduct Authority has highlighted a number of significant problems with the way in which Police deal with people who are detained in Police cells. More>>

ALSO:

Inspector-General of Intelligence and Security: Inquiry Into GCSB Pacific Allegations

The complaints follow recent public allegations about GCSB activities. The complaints, and these public allegations, raise wider questions regarding the collection, retention and sharing of communications data. More>>

ALSO:

TPPA Investment Leak: "NZ Surrender To US" On Corporates Suing Governments

Professor Jane Kelsey: ‘As anticipated, the deal gives foreign investors from the TPPA countries special rights, and the power to sue the government in private offshore tribunals for massive damages if new laws, or even court decisions, significantly affected their bottom line’. More>>

ALSO:

Werewolf: The Myth Of Steven Joyce

Gordon Campbell: The myth of competence that’s been woven around Steven Joyce – the Key government’s “Minister of Everything” and “Mr Fixit” – has been disseminated from high-rises to hamlets, across the country... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news