Group to appeal against poison drop
What the High Court ruling stated
The Brook Waimarama Sanctuary poison drop will go ahead, despite a community group’s decision to appeal the High Court decision.
Trust chair David Butler said they were ‘‘very disappointed’’ by the Brook Valley Community Group’s decision to appeal.
Butler said they thought they had a ‘‘clear and comprehensive ruling’’ from the High Court, which would be ‘‘upheld on appeal’’.
‘‘In particular, I guess for our all volunteers who have worked incredibly hard the last couple of months to get [everything ready].
‘‘We are also very conscious that we are looking after people’s contributions that are provided to the sanctuary and this will cost further money.’’
Butler said the sanctuary was closely monitoring the weather forecast because it needed three days with low wind and no rain for the poison drop to go ahead.
Nelson lawyer Sue Grey, who is acting on behalf of the group, said the decision to appeal was based on the group’s belief the ruling judge had misinterpreted the law based on two arguments.
The first was based on section 13 of the Resource Management Act (RMA) requiring anyone who wants to deposit a substance on any river bed to obtain a resource consent.
The second argument was that changes made to the RMA in April were ‘‘unlawful and repugnant’’ because they ‘‘cut across’’ the purpose of the act, which was sustainable management.
Grey said if the trust decided to not wait for the Court of Appeal’s decision, they would likely ask for an injunction.
‘‘The law means what it says and the Supreme Court has made some really good rulings on the Resource Management Act in recent years which recognises the importance of sustainable management and the importance of the role of communities in choosing what’s appropriate for the community.’’
Grey said a successful appeal would have nationwide consequences because ‘‘if the community group is right about the application of section 13, then potentially 1080 drops and other poison drops around the country are all operating illegally at the moment’’.
‘‘We say that the usual ‘checks and balances’ of the Resource Management Act have been ignored by [Environment Minister Nick Smith’s] enthusiasm for poisoning as a way of pest control.’’
In order to create a pest-free sanctuary, invasive species including mice, rats, stoats and possums needed to be eradicated.
Brook Valley Community Group chair Christopher St Johanser said he didn’t know how much the appeal would cost, but they would continue to fundraise and had organised an art auction at Fairfield House on August 19.