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Iwi to appeal High Court decision

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East Coast iwi Te Whanau a Apanui and Greenpeace are appealing a High Court decision which declined to overturn a permit given to Brazilian oil company Petrobras.

The permit, granted by the Government in 2010, allows Petrobras to conduct exploratory exercises for oil in the deep water off the East Cape.

Greenpeace and East Coast iwi Te Whanau a Apanui are continuing their fight to have a permit granted for deep sea oil drilling overturned.

Greenpeace and Te Whanau a Apanui have lodged an appeal with the Court of Appeal on the basis the High Court made several legal errors.

Greenpeace also want to appeal the finding that the Crown did not breach its Treaty of Waitangi obligations, including duties of active protection and proper consultation with iwi before awarding the permit.
“Crown Minerals told us that the potential effects of the oil exploration would be generally minor, short-term and restricted to small areas,” says Te Whanau a Apanui spokesperson Rikirangi Gage.

“But the expert affidavits we put before the Court show seismic testing has effects on marine mammals and fish, and the exploratory phase is the most dangerous part of the oil production process.”

Rikirangi says the Deepwater Horizon, which exploded and sank in the Gulf of Mexico in 2010, spilling 627,000 tonnes of oil, was also an exploratory well.

“Petrobras’ permit actually requires it to drill an exploratory well. We could potentially have a Deepwater Horizon on our hands, off the East Cape and Bay of Plenty.

“Given an area twice the size of the North Island was closed to fishing after the Deepwater Horizon spill, which would be a disaster for the whole country.”

The appeal comes days before a defended hearing for Elvis Teddy, which is scheduled in the Tauranga District Court on Monday, July 23.

Elvis was the skipper of the fishing boat San Pietro and was arrested in April 2011 and charged under the Maritime Transport Act with operating a vessel in an unsafe manner.

Police boarded it on April 23, 2011, during a protest against survey operations in the Raukumara basin conducted by the Brazilian company Petrobras.

The maximum penalty for the MTA charge is a term of imprisonment not exceeding 12 months or a fine not exceeding $10,000.


 

Comments

Amazing.

Posted on 24-07-2012 15:28 | By Jitter

Who will be the first to run to the government of the day for help when our fuel oil runs out ? Exploration in moderation, look at both sides of the argument before jumping in on one side or the other. With both exploration and conservation taken into account we can have the best of both worlds.

Confused

Posted on 22-07-2012 01:28 | By pomarie

Keeps who off the streets EYESPY?, and what has legal aid and tax revenue got to do with the matter at hand.

THE MOTHER LOAD CONCEPT

Posted on 21-07-2012 16:59 | By PLONKER

So we had a wee mess from the Rena, the affects from the drilling in the open sea will be on a whole new level, NZ does not have a single bit of equipment to combat/handle any kind of spilage yet into the abyss we go ... bye bye "Clean and green NZ" in one foul swoop!

I AGREE

Posted on 21-07-2012 15:15 | By PLONKER

The well should not happen, the risk to the oceans is huge, what plans are in place to clean up the mess, prevent the mess and more. Looks like a ’fishing’ expedition by Petrobras, what is in it for NZ? other than a big mess left behind?

WHY NOT ?

Posted on 21-07-2012 14:30 | By EYESPY

It will all be funded by legal aid the government or NZ taxpayers in the end analysis.At least it keeps them off the streets.

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