Save Happy Valley!

Coal News No 16

2nd September 2006 :: Pete Lusk

A lot has happened since the last issue of Coal News. Solid Energy has had some successes and that's something I want to expand on later.

But first an update on our campaign.

Save Happy Valley's occupation is now in it 7th month with Spring on the way and hopefully the coldest weather over. The yurt (mongolian-style tent) has been a huge success. It has stood up to torrential rain, wild winds and the heavy snow that came with the South Island's famous 'weather bomb'. Hundreds of people have now visited Happy Valley. There are SHV branches in the main cities and they've held lots of protests.

SHV is taking SE to the Environment Court over its mining of Mt Augustus. In the High Court it has sought a Judicial Review of the Minister of Conservation's decision to allow SE to destroy almost all the habitat of the critically endangered land snail Powelliphanta "Augustus". To pay for the court action and save the snail from extinction, SHV is selling sponsorships for the remaining 500 snails. For $10 you get to name your snail and receive a handsome certificate. Sign up at www.savehappyvalley.org.nz

Despite the looming court action, SE is capturing the snails, putting them in ice cream containers and storing them in a fridge at the Department Of Conservation (DOC) office in Hokitika. Despite SE not meeting the protocols laid down for moving the snails, DOC has OKed the transfer. I used to think this behaviour resulted from the pro-mining sympathies of DOC managers on the West Coast. This may be a contributing factor, but as time goes on, and the examples of the most downright disgusting collusion stack up, its clear DOC has been told at the highest level to support mining even when it means the destruction of prime kiwi habitat and sending species to extinction.

Now I want to deal with SE's successes in silencing its opposition. I experienced this firsthand when SE drew Ngakawau Riverwatch and Buller Conservation Group into the Stockton Environmental Consultative Group (SECG).

SE prepared the ground by announcing publicly that it had made mistakes in the past but was now taking its environmental responsibilities seriously and would be spending tens of millions cleaning up at Stockton.

It then invited the NGOs, DOC, the Conservation Board plus the 2 local government bodies to a meeting. It was held in the township of Granity and ceo Don Elder and many top brass of SE attended. To cut a long story short, SE put a huge amount of preparation and effort into the meetings and did almost all of the talking. The NGO reps soon got exasperated from having so little chance for input. Buller Conservation Group (BCG) pulled out after a few meetings when Don Elder broke a promise that a ridgeline that is a prominent landscape feature would not be mined prior to public consultation.

As a member of both BCG and Riverwatch I found myself being drawn into SE's net, so much so that making a media statement criticising the company felt somehow underhand, even traitorous.

I noticed how others were affected the same way - a couple of Riverwatch members thought that the NGOs could no longer make media statements because it was against the rules of the SECG. In fact we'd had it written into the rules that all parties were free to talk to the media and were in no way muzzled by membership of SECG.

Such 'cuddling up' by mining corporates is well-practiced strategy and for anyone who wants to delve deeper I can send you a backgrounder on the subject.

SE has developed a close relationship with Ngati Waewae. I dont know the full details but I understand that money has changed hands and the two have signed a Memorandum Of Partnership.

Others have avoided the SE net, in particular SHV, Forest & Bird, Greenpeace, the Green Party and ECO.

A huge coup for SE is its collaborative arrangement with DOC - with DOC very much the Junior Partner. Forest & Bird lawyer Teall Crossen has analysed how DOC switched from opposing a mine in Happy Valley to effectively supporting it. The mechanism by which this was achieved is the 'Side Agreement', which resulted from the Environment Court Appeal. Teall's analysis is essential reading for anyone wanting to understand how DOC has ended up serving SE so slavishly (I can email).

The Side Agreement also has a muzzling clause. DOC and SE are to make joint media statements and SE is most unlikely to agree to any statement critical of its mining practices.

SE gains great mileage out of the fact that it is working closely with DOC to shift the snails off Mt Augustus and has a similar arrangement for kiwi and snails at Happy Valley.
DOC has a reputation for saving kiwis and other rare wildlife, so the DOC Stamp Of Approval is like gold to SE.

Pete Lusk

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