Mining company weighs up appeal

‘‘We are in discussion with our legal advisers.’’ TTR executive chairman Alan Eggers

Mining company Trans Tasman Resources is still considering if it will appeal a High Court decision that denied it consent to mine the seabed off South Taranaki.

Trans Tasman Resources executive chairman Alan Eggers said the company was reviewing the advice it has received on the appeal judgement from its lawyers.

‘‘That decision has not been made. We are in discussion with our legal advisers and TTR is looking at all our options.’’

If it decides to appeal, TTR has until September 25 to lodge an application with the Court of Appeal, although it could also apply for leave to appeal after that date.

Meanwhile, South Taranaki iwi Nga¯ti Ruanui said it expects the company will appeal.

Kaiarataki Debbie NgarewaPacker said the iwi’s legal team had received an email from TTR’s lawyers advising that negotiations over costs between the two parties could not proceed because an appeal was being prepared.

On August 28, the High Court at Wellington announced it would not allow TTR to mine iron sand in the South Taranaki bight, and returned the consent to the Environmental Protection Agency’s (EPA) Decision Making Committee (DMC) for reconsideration using several points of law missing during the original consideration.

‘‘We’ve fought and won this battle twice now. We shouldn’t have to keep fighting it but we will,’’ Ngarewa-Packer said.

‘‘TTR will have difficulty on appeal regarding the approach taken to adaptive management – and the associated finding that there was insufficient environmental information.

‘‘The environmental risks haven’t changed just because another court will now be reviewing this, neither have any other factors. We remain opposed. We continue to fight for the future.’’

If an appeal is lodged, Nga¯ti Ruanui will have 10 days to prepare a counter claim.