1080 group must pay $40,000

A group that opposed a 1080 drop has been ordered to pay Auckland Council and the Department of Conservation more than $40,000 in costs after the Environment Court found its case was “legally without substance”.

The Friends of Sherwood Trust went to the Environment Court in September last year challenging a poison drop in the Hunua Ranges, and won a court injunction temporarily suspending the operation.

The court later threw out the case, stating: “We are not persuaded that there is likely to be serious harm to the environment if the proposed application proceeds.”

Now the trust must pay more than $40,000 in court costs.

In seeking costs, the council and DoC said the Friends of Sherwood’s arguments lacked substance and their case was “poorly presented”. Environment Judge Melanie Harland said the court agreed.

“The applicants did not provide the necessary admissible proof to support their case about adverse effects,” her decision read.

Most of the evidence filed was “opinion but not expert evidence”, or there was insufficient information about the context to the alleged adverse effects or historical events.

The court took into account Friends of Sherwood represented a view of some members of the community about the use of 1080.

“However it is just that — one view,” the decision read.

Friends of Sherwood was ordered to pay the council $22,826 — 50 per cent of its fees — and DoC $19,451.08.