Snails head to the High Court

Media Advisory: Powelliphanta Augustus Inc
Tuesday 6th March 2007
FOR IMMEDIATE USE

Powelliphanta Augustus Incorporated's appeal to the High Court regarding the habitat of Powelliphanta "Augustus" will be heard today in the Christchurch High Court.

The Environment Court decision under appeal included the following statements:

[24] There is nothing in the evidence before us which leads us to any conclusion other than that Solid Energy gave no serious consideration to avoidance of the snail habitat in its mining programme.

[46] To paraphrase Mr Buckingham [one of Solid Energy's expert witnesses], Powelliphanta "Augustus" is a small, isolated population at risk from catastrophic events. A catastrophic event has now arrived in the form of Solid Energy's bulldozers which will destroy much of the snail's known habitat.

[51] … It is our considered view that the destruction of a substantial portion of the habitat of the Powelliphanta "Augustus" in a situation which might possibly lead to extinction of that species is an action which is noxious, dangerous, offensive or objectionable to such an extent that it is likely to have an adverse effect on the environment.

Despite this the Environment Court ruled that it did not have jurisdiction to make enforcement orders under the RMA. PAI is asking the High Court to find that the Environment Court does have jurisdiction. The hearing will be held at 10am, High Court, 282 Durham St, Christchurch

ENDS

Notes

* Powelliphanta "Augustus" is an endemic, carnivorous land snail. Solid Energy are currently mining 94% of its remaining habitat.

* Solid Energy have already destroyed 18-19 ha of habitat through past mining.

* The Incorporated Society took Solid Energy to the Environment Court in 2006, attempting to protect the habitat of the species and thus prevent its extinction. A five day hearing was held between 16th-20th of October.

* The Court found that:

- 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's mining activity is, under section 17 of the Resource Management Act, noxious, dangerous, offensive and objectionable
- But the Coal Mining Licence is an existing privilege, and is not subject to the RMA

* The appeal is directed at whether the duty under Section 17 of the RMA applies to holders of a coal mining licence issued under the Coal Mines Act 1979.

ENDS

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