Snail Inc will defend Solid Energy appeal

Press Release: Powelliphanta Augustus Inc
Friday 2 February 2007
FOR IMMEDIATE USE

Powelliphanta Augustus Incorporated will vigorously defend against Solid Energy's appeal of an Environment Court finding that the company's actions are environmentally "noxious".

"The Environment Court was very clear – Solid Energy's actions are likely to lead to the extinction of Powelliphanta "Augustus", and under the Resource Management Act, that constitutes an action which is noxious, dangerous, offensive or objectionable," said spokesperson Frances Mountier.
"Solid Energy are only entitled to appeal on questions of law and have attempted to appeal the factual findings by making them look like a question of law!"

"The factual findings of the Environment Court included:
- Powelliphanta "Augustus" is undoubtedly an important addition to the biodiversity of New Zealand
- Destroying the only known habitat is a high risk strategy
- Solid Energy made no attempt to amend its mining plans to avoid the snail
- The mining is a catastrophic event for the snails and that the mitigation proposed by Solid Energy is high risk
- Solid Energy's mining activity is, under section 17 of the Resource Management Act, noxious, dangerous, offensive and objectionable."

"The court recognised the great threat that is posed to this endemic species by Solid Energy. It was only a legal loophole that meant the Court determined they were unable to protect them," said Ms Mountier. "We lost on those legal grounds, and are appealing in order to protect the habitat that remains and so save the species. Solid Energy, however, did not like the factual findings of the court and so are also appealing! We will continue to work hard to prevent the first state sponsored species extinction," said Ms Mountier.

ENDS

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