The Southland District Council acted lawfully in granting a mining company access and exploration rights to its land at Ohai.
The council decided to allow New Brighton Collieries, a subsidiary of Bathurst Resources Ltd, access to the proposed mine, which is located next to State Highway 96 between Ohai and Nightcaps, on April 14, 2021, at a public-excluded meeting.
The land, which is used for commercial forestry, is owned by the SDC.
The Royal Forest and Bird Protection Society of New Zealand applied to the courts seeking a review of the SDC’s decision to allow New Brighton Collieries Ltd exploration rights for coal and granting it access for mining purposes.
Forest and Bird’s argument was the decision to allow New Brighton access and exploration rights was unlawful and it sought an order quashing it.
Exploration had already concluded at the time of the hearing, held before Justice Rob Osborne in the High Court at Invercargill in July last year.
Forest and Bird claimed there had been some errors of law, including failing to act in accordance with Local Government Act principles, failing to properly apply the significance and engagement policy, failing to consider community views, failing to consider scientific consensus on climate change, failing to take account of council plans and policies, loss of control and
It said it had been unreasonable to facilitate the expansion of coal-mining operations in view of identified climate change considerations.
In his decision released yesterday, Justice Osborne stated the SDC was managing its commercial forest portfolio and had discretion to enter into an access arrangement with New Brighton Collieries.
"It was reasonable, in reaching the access decision, that the council have regard to the fact there would be later opportunities for consultation and input at the point when the actual extraction of coal was for consideration."
Any consideration of climate change matters could also be done at this time.
The decision at the time was not about coal-mining expansion, Justice Osborne said.
In a statement released by the council yesterday, Southland Mayor Rob Scott said the decision was a vindication of the council’s methodology in deciding to grant New Brighton Collieries access for exploration only.
"We ensured that there was going to be an opportunity for the public to have their input in a final decision by requiring the consent to be publicly notified if it proceeded to the next stage.
"The judgement has reflected that council followed a sound process in reaching its decision in this matter."
Bathurst chief executive Richard Tacon yesterday said he was pleased by the result but lamented the waste of valuable court time on matters of "lawfare".
The company was still completing a comprehensive assessment of environmental effects with regards to the mine.
"The final date of submission will be when we are satisfied we have addressed any residual effects to a standard acceptable to the community," Mr Tacon said.
Forest and Bird campaigns adviser George Hobson said the organisation would carefully consider the decision before taking further steps.
"Climate change is everybody’s responsibility, especially decision-makers like the Southland District Council. As we’ve seen recently, climate change impacts all of us.
"The simple fact is the world cannot have any new coal mines if we want a safe climate.
"Every year, a new region of New Zealand has been suffering from massive floods, including Southland. Our elected decision-makers need to step up and tackle these threats head on."
— Karen Pascoe & Toni McDonald
