Northland swamp kauri case back for an appeal
A Northland environmental group’s case for tighter controls on the export of swamp kauri has reached the Court of Appeal.
Ancient swamp kauri, dug up as huge logs from beneath Northland farmland and wetland, has become highly prized in recent years and, since about 2010, an industry has developed around exporting it.
The Northland Environmental Protection Society said the Ministry for Primary Industries (MPI) should allow the export of swamp kauri only in the form of ‘‘finished or manufactured’’ indigenous timber products, or as stumps or roots.
It was claimed wood was being described as ‘‘table tops’’, or poles lightly decorated, to get around export requirements.
The society took a court case against the ministry, the comptroller of Customs, and the Ministry for Culture and Heritage.
In March, a High Court judge declined to make any of the orders the society sought, which included wanting any ‘‘table top’’ to be ex- ported with legs or some form of stand.
The society appealed against that decision, and a panel of three Court of Appeal judges in Wellington yesterday reserved its decision.
The society’s lawyer, Davey Salmon, said even if the court did not make the declarations that were sought, its reasons could help commercial and public certainty, and guide MPI’s decision-making.
But the court heard the society and the ministry disagreed about how much swamp kauri was being exported, and in what state.
Salmon said the group had observations, and anecdotal and ‘‘whistleblower’’ evidence, that unfinished swamp kauri was leaving New Zealand described as furniture.
He disputed MPI’s evidence that more extracted swamp kauri was staying in New Zealand than was exported.
MPI’s lawyer Jessica Gorman said it had ‘‘serious disagreement’’ with the society about the form of the kauri being exported. For instance, the society said very large slabs described as table tops were not legitimate, but MPI had evidence they were used in places such as art galleries and boardrooms.
She supported the High Court judge’s finding that swamp kauri was managed under a legal regime aimed at sustainable indigenous forest management. It was not possible to sustainably manage a tree that was no longer growing.
Parliament had decided to decrease supervision of finished products for export. MPI encouraged products to be volunteered for inspection, and export decisions were made on a case by case basis, she said.