Protect Karangahake has withdrawn its application for a judicial review into the Hauraki District Council's decision to grant resource consents to New Talisman Gold Mines.

The consents allow New Talisman to undertake bulk sampling and exploration activities at the historic Talisman mine site, has been mined on and off over the last 100 years.

The Karangahake Gorge. Photo: John Fitzgerald Photography.

The group's chairman Duncan Shearer says Protect Karangahake will now investigate new avenues to protect their mountain after withdrawing the application on Wednesday.

While he says it is sad to be dropping the case after putting in a lot of time and energy in to the application, new evidence has forced them to do so.

'We took New Talisman Gold Mines and the Hauraki District Council to the High Court because we needed to challenge the process that allowed a non-notified resource consent to be issued permitting the mining of Mt Karangahake.”

Protect Karangahake believes the legal bar was set high due to several factors, including the District Plan having a bias in favour of mining.

Duncan says the judicial review was not about council correctly assessing the effects New Talisman's mining activities will have on the mountain or the community, but whether the group could prove council failed to assess particular aspects in relation to the Resource Management Act.

'Protect Karangahake was always bigger than just a court case; we're here for the long haul,” says Duncan. 'We will continue on our mission of protecting Karangahake, but will have to look for different means to do so.”

But New Talisman chief executive Matthew Hill considers the group's decision to discontinue its application had been made in the face of overwhelming evidence filed in the High Court.

He says the evidence proved the district council processed the company's resource consent application strictly in accordance with the Resource Management Act and the Hauraki District plan.

'We are not overly surprised Protect Karangahake resolved to withdraw,” says Matthew. 'Both NTL an HDC were prepared to vigorously defend the consent process with detailed factual evidence and affidavits.”

'The Council should take great satisfaction from this decision which confirms it has sound systems in place to process applications.”

New Talisman, formerly Heritage Gold, has held a permit for the Talisman Mine for more than 20 years.

It says the current project is similar in scope to the previous two phases of exploration undertaken by the company in 2003-2004 and again in 2005 through to 2006.

Matthew adds: 'New Talisman is not seeking to undertake surface exploration as the company is only operating within the existing underground mine shafts.”