Nelson Mail

Group loses poison appeal

- Tim Newman tim.newman@stuff.co.nz

A Nelson community group’s appeal against the aerial discharge of toxins in the Brook Valley has been dismissed by the Court of Appeal.

Following the decision on Tuesday, the Brook Valley Community Group will now have to pay more than $70,000 in court costs.

However, chairman Christophe­r St Johanser said the fight was not over. ‘‘We get knocked down and we get up again,’’ he said.

Brodifacou­m-laced baits were dropped in 2017 by the Brook Waimarama Sanctuary Trust inside its fenced wildlife sanctuary to eradicate pests, as part of a programme to foster the return of native species. Used mainly as a rodent control poison, brodifacou­m operates by affecting the blood clotting of birds and mammals.

The Brook Valley group attempted to stop the drop, going to the High Court in 2017 to seek an injunction and also pursue a wider case against the legality of the aerial discharge. However, the injunction bid was dismissed and the drops went ahead in September and October 2017, dropping 26.5 tonnes of brodifa coumlaced baits across the 691ha sanctuary.

The group then went to the Court of Appeal, to challenge the lawfulness of the bait drop and the costs imposed by the High Court.

Three respondent­s were involved – the sanctuary trust, along with the Minister for the Environmen­t and the Nelson City Council, which both appeared to oppose the group’s claim.

The group had argued against the validity of the Resource Management (Exemption) Regulation­s which came into effect in April 2017, that allowed for the use of toxins such as brodifacou­m for pest control.

According to section 15 of the RMA, contaminan­ts are not to be discharged on to land or water, unless expressly allowed through national environmen­tal standards, resource consent or other regulation­s.

Under the exemption regulation­s, an exemption was made for the discharge of brodifacou­m when used for the purpose of killing vertebrate pests, on land protected by predator-proof fencing (or on an island other than the North Island or South Island).

The group further argued that even if the regulation­s were valid, resource consent was required under the act.

Nelson lawyer Sue Grey, who is acting on behalf of the Brook Valley group, said it was still ‘‘considerin­g all its options’’ after the decision.

Grey said the Court of Appeal had adopted a very different logic from the lower court.

‘‘It appears to have decided that statutory restrictio­ns on depositing a poison or other contaminan­t on a riverbed can be ignored where the contaminan­t can be legally discharged.

‘‘The Brook community hopes that the Minister for the Environmen­t will urgently review the full implicatio­ns of this decision and include former minister Nick Smith’s 2017 exemption regulation­s in the RMA reforms that have been flagged for next year.’’

Sanctuary trust general manager Hudson Dodd said the trust was reviewing the decision with its legal team and co-respondent­s, ‘‘but on the surface we’re pleased that the appeals court upheld the decision of the High Court’’.

The sanctuary reopened to the public in July after the pest control operations. At the time, trust coordinato­r Kat Willcocks said at least 14 individual pest species were cleared from the sanctuary as a result of the poison drops, including rats, stoats and deer.

 ?? BRADEN FASTIER/STUFF ?? Protesters greeted the last round of the Brook Waimarama Sanctuary poison drop in October 2017.
BRADEN FASTIER/STUFF Protesters greeted the last round of the Brook Waimarama Sanctuary poison drop in October 2017.
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