Court of Appeal rules against mine

A COURT of Appeal ruling has put the proposed Te Kuha opencast coalmine behind Westport further in doubt.

On Tuesday, it upheld an appeal from Forest and Bird that the Buller District Council was wrong to grant Stevenson Mining Ltd access to the Westport Water Conservation Reserve at Te Kuha.

The latest ruling comes just months after the Government refused to grant an access concession across nearby Department of Conservation land to reach the mine.

The proposed mine site itself was largely earmarked over 110ha of the Westport Water Conservation Reserve, not on the conservation estate.

Stevenson said it was working out where to go now.

It had successfully argued in the High Court that the council had to factor in economic benefits of the mine, which would create 60 jobs, when considering access to the reserve.

But Forest and Bird appealed this and won in the Court of Appeal, which ruled that the council needed to protect the water conservation reserve.

West CoastTasman MP Damien O’Connor could not be reached for comment.

National Party list MP Maureen Pugh last week took National Party colleagues to mine sites from Stockton south, to show them a working mine and also rehabilitation.

‘‘I understand that conservation values need to be protected, but so do mining companies,’’ Mrs Pugh said.

Buller Mayor Garry Howard said the decision highlighted the ambiguity around the legislation.

‘‘The High Court absolutely supported council’s decision. This was overturned yesterday by the Court of Appeal.’’

He worried about the message that ongoing legal problems sent to potential investors.

Stevenson Mining chief operating officer Anne Brewster said the company would now take advice, reporting to a board meeting in November.

‘‘We were very surprised by yesterday’s decision. It’s not what we expected. It goes against a lot of legal advice,’’ she said.

Forest and Bird general counsel Peter Anderson said the reserve was a pristine area of intact forest, home to threatened bird, animal and plant species.

— The Greymouth Star