Ref: CIV-2019-485-170: Klink v Environmental Protection Authority & Anor; CIV-2019-485-288: Society for the Protection of Aotea Community & Ecology Incorporated v Environmental Protection Authority & Anor
Protect Aotea – a registered charitable trust created to protect Great Barrier Island’s waters from toxic dredge sludge dumping – is delighted to announce that their appeal lodged in the High Court, Wellington, New Zealand, in July, has been successful.
In February 2019, New Zealand’s government-appointed Environmental Protection Authority (“EPA”) gave Coastal Resources Ltd (“CRL”) permission to increase the amount of dredge sediment it dumps - from 50,000 cubic metres to 250,000 cubic metres annually for 35 years - just 25km of the east coast of Aotea, Great Barrier Island, New Zealand.
Protect Aotea’s spokesperson, Kelly Klink, of Ngāti Rehua-Ngātiwai ki Aotea, lodged an appeal against the EPA’s decision in the High Court on 22 July.
The decision yesterday (3 December 2019) by the High Court (Justice Helen Cull) found that EPA erred in its consideration of CRL‘s application to dump 250,000 cubic metres of marine sludge per annum over a 35-year period - including dredge sludge removed from Auckland’s inner-harbour marinas - off the pristine coast of New Zealand’s Aotea / Great Barrier Island – a motu taonga/national treasure.
The Court directed that the EPA must reconsider the application and any consent conditions, taking into account the advice of its Maori Advisory committee. This will require greater consultation and consideration of local values and potential adverse effects on the Great Barrier Island’s tangata whenua (people of the land) and wider community.
Ngati Rehua Ngatiwai ki Aotea, the local iwi, have a significant and undeniable interest within the affected area - holding mana whenua and mana moana (internationally acknowledged, long-standing Maori tribal rights to manage, respect and care for the integrity of the land and sea).
Kelly Klink says, ”We’re thrilled with the findings of the High Court. For us - the tangata whenua and our local community - desecration of our environment is completely unacceptable. Given the worldwide attention focussed on the global climate crisis and the horrific pollution this planet is already grappling with, this decision is the right one.”
“As an island community whose livelihoods depend on the sea being in good health, we believe the time has come for such practices - such as marine sludge dumping - to come to an end once and for all. We welcome Cull J’s decision, which we see as a step forward in preserving and protecting our treasured marine environment for generations to come.”
“The Crown must now reconsider CRL’s application in light of its obligation to actively engage with the local community. Either way, Protect Aotea is determined, on behalf of the community, to protect our unique and special home from dredge waste being dumped closeby.”
Since March this year, more than 15,000 people have signed a petition to stop the dumping from taking place – many comments are worth reading:
Kelly says, “We would like to thank the tangata whenua and local community for their support, as well as all others who have contributed to our campaign. We would also like to dedicate this wonderful result to Uncle Sarb, our beloved kaumatua (respected tribal elder) who sadly passed away on Saturday.”
“We will continue to represent the best interests of our beautiful island home and speak up against ecologically destructive practices. As we prepare for our next steps in this case, we are now also turning our attention to challenging CRL’s existing consent to dump 50,000 cubic metres per annum of marine sludge off the coast of Aotea, as well as the Ports of Auckland’s recent consent application to dump marine dredgings near Reponga, Cuvier Island, Coromandel, NZ.”
“The late, legendary New Zealand marine conservationist, ecologist and author, Wade Doak (New Zealand’s ‘David Attenborough’) was a huge supporter of our campaign. Our oceans must no longer be treated as a rubbish dump, particularly when alternative, more environmentally friendly, land-based disposal options are readily available. This is a win not only for Aotea, Aotearoa NZ, but also everyone who cares about the overall wellbeing of our planet. Thank you to everyone who has supported us and the wider cause of preventing further ocean pollution globally.”
ENDS
For more information please contact:
Kelly Klink +64 21 501534
Valmaine Toki +64 21 357860