High Court rules in favour of goldminer
The High Court has dismissed an environmental group’s claim that Government ministers failed to take ‘‘relevant considerations’’ into account when granting land to a goldmining company.
In June, Coromandel Watchdog of Hauraki headed to the High Court in Wellington to challenge the Government over its decision to allow OceanaGold to acquire three parcels of rural land totalling 178 hectares near Waihı¯.
It asked the court to require the ministers to reassess their decision and consider the risks of dam failure, but in a decision released last week, Justice Karen Clark said the group had not established that ministers failed to take relevant considerations into account when granting the application.
The judicial review was dismissed, with Coromandel Watchdog liable to pay the respondents’ costs, which are undetermined.
According to the decision, one of the criteria to be met before consent for an overseas investment in sensitive land is given, is that it will, or is likely to, benefit New Zealand.
In October 2019, the Minister of Finance Grant Robertson and Associate Minister of Finance David Parker each approved OceanaGold’s application.
Coromandel Watchdog challenged the decision on the grounds that the ministers assessed the ‘‘benefit to NZ’’ without having regard to the detrimental effects associated with OceanaGold’s acquisition of rural land for a tailings dam.
The group said protecting the Hauraki and Coromandel had ‘‘always been a David and Goliath situation’’.
‘‘Of course we are disappointed in this decision, but we are proud we challenged the Labour ministers for their failure to protect our environment,’’ chairperson Catherine Delahunty said.
The ruling would not deter her organisation from ‘‘standing up for the public interest and the environment and against toxic mining’’, she said.
A Givealittle page set up to help Coromandel Watchdog fund the judicial review had gained $5765 in support.
OceanaGold said the High Court decision allowed the company to advance with planning for additional tailings storage, which would ‘‘contribute to the company’s ability to sustain an industry that is an important long-term contributor to the region’’.