Campaign Update 12
Dear Friends
We will soon have been occupying Happy Valley for one year! You are warmly invited to the celebration weekend, 27-28th January. Also, check out the achievements of the campaign this year: http://indymedia.org.nz/newswire/display/72243/index.php
But first, an update on the recent court decisions.
High Court
The Judicial Review was unsuccessful, though this was only on technicalities (concerning the Ministers of Conservation and Energy’s decision making process when granting the permit to Solid Energy to “hunt, kill and possess” Powelliphanta “augustus”). While the High Court’s failure to protect this critically endangered species is disappointing, the Court was not even considering the extinction, the mining, the habitat destruction or the translocation process.
Press release: http://www.savehappyvalley.org.nz/node/264
Environment Court: Decision and Appeal
On Friday 15th December, the Environment Court ruled that mining the habitat of Powelliphanta “Augustus” is “an action which is noxious, dangerous, offensive or objectionable” and that there is a high risk to the snail’s survival in destroying its only known habitat.
The court vindicated what we and other environmental groups have been saying for months. That is, Powelliphanta “Augustus” face a high risk of extinction, caused by Solid Energy mining 94% of their habitat.
The court found that Powelliphanta “Augustus” is undoubtedly an important addition to the biodiversity of New Zealand. Solid Energy’s mining activity is, under section 17 of the Resource Management Act, noxious, dangerous, offensive and objectionable
However, the Court considered that the Resource Management Act does not apply to Coal Mining Licence land (where the licence was granted prior to 1991), leaving it without jurisdiction to stop the "catastrophic event (which) has now arrived in the form of Solid Energy's bulldozers which will destroy much of the snail's known habitat".
We have lodged an appeal over the jurisdictional matter (since we have won on the factual matters) and hope for a hearing early in 2007.
Press release: http://www.savehappyvalley.org.nz/node/265
SLAPPs
Solid Energy then threatened to seek more than a hundred thousand dollars in court costs! This came as no surprise given their long track record of actions to intimidate and silence opposition.
This is clearly a strategic lawsuit against public participation (SLAPP), a well known tactic aimed at shutting down any kind of environmental opposition.
We will be vigorously defending our case on the basis that the Court acknowledged that Solid Energy’s proposed mining is noxious, dangerous, offensive or objectionable; that our concerns were valid and realistic; and that there is a high level of public interest in the matter.
(Don Elder, and Solid Energy’s experts (who were not meant to be ‘employees’) attended much of the case. Elder alone gets paid more than $670,000 a year for directing the destructive coal-mining company).
Press release: http://www.savehappyvalley.org.nz/node/266
Celebration of First year of Occupation of Happy Valley
On the 28th of January 2006 75 people began occupying the site of the proposed mine, a year later the site is still occupied. Join us to celebrate: January 27th - 28th 2007.
Happy Valley is 25km north east of Westport, and it takes approx one hour to drive from Westport to the start of the track. It takes less than half a day to tramp to the occupation site. You will need to come as a self-contained tramper, prepared for unpredictable weather. Car-pooling possibly available from Christchurch. For more information contact: occupation@savehappyvalley.org.nz or 0211610929 or visit
www.savehappyvalley.org.nz/occupation
Art Auction
The Art auction was a great success, raising over $5000. Many thanks to the artists! There are still a handful of works for sale – check out www.savehappyvalley.org.nz/auction
Join a local group :: http://www.savehappyvalley.org.nz/contact
Leaflets, Stickers, Postcards... To order, please send your name and address, plus quantities needed, to:
The Green Room
16 Bedford Row
Christchurch
(03) 372 1375
chchgreens@xtra.co.nz
Donations
Cheques can be made out to “Save Happy Valley Coalition” and sent to us at:
Save Happy Valley Coalition
PO Box 9263
Te Aro
Wellington
Direct transfers can be made to the following account:
Name: Save Happy Valley Coalition
Account number: 38-9003-0334146-00
See you on the 27th January!
Frances Mountier
Save Happy Valley Coalition.
www.savehappyvalley.org.nz
contact@savehappyvalley.org.nz
