Fast-track decline: what does it mean? Where next?

by Cindy Baxter, KASM Chairperson

The Fast Track panel's draft decision to refuse Trans Tasman Resources consent to trash the South Taranaki bight with seabed mining is getting us very close to a victory.   

But we also know that Trans-Tasman Resources are relentless. This is, after all, the sixth time we’ve been able to claim victory in these battles against TTR for the moana. It’s likely they’ll appeal which means another legal battle.

I want to take you through the detail of the decision and talk about what happens next in this process. Because it is still only a draft. The 500+ page decision is extremely robust and will be extremely hard to overturn.

Over the 436 pages of the main decision document the panel sets out its argument as to how it weighed up the purpose of the EEZ Act as part of its process under the Fast Track Approvals Act and had to consider the environmental impact of seabed mining and balance that with the economic benefits.  

It sets out the “disbenefits’ [the damage to the ocean environment] against the benefits in a table in the 71 page appendix (page 60), which makes it very clear that the adverse effects of seabed mining very much outweigh the economic benefits. 

This is what we think is the key finding of the decision:

It points to uncertainties, and the lack of evidence TTR provided to back its claims, and the lack of clarity around a number of issues.  

One thing it also found was that the job creation numbers TTR has been claiming could not be justified. Where TTR was claiming it would create 1300 jobs across the country, the Panel thought that would be more like 300.  At a regional level, the panel cut back TTR’s 1100 jobs to 225. 

It also acknowledged the very real issue of customary rights for Māori in the ocean space, an issue raised by iwi and hapū. 

Throughout the decision, there’s many references to gaps in scientific understanding, in modelling, in knowledge: the Panel definitely recognised the lack of effort TTR made to update any of its science, something we’ve been saying for quite some time. That the company had barely lifted a finger to do any new science for this application is a clear indication that it only thought it had to change the rules to get its project across the line.

What happens now?

TTR has until 19 February to come up with suggested conditions under which it could mine the seabed and remediate the adverse effects set out in the Panel’s decision. But the decision itself points to areas - like the constant, 24/7 noise from the crawlers on the seabed - which could not be mitigated, and would cause material harm to the taonga species that live in the Bight, like kororā, Māui dolphin and pygmy blue whales. Government Ministers have until 20 February to comment on the draft decision: not all government ministers, just Tama Potaka - the Minister for Maori Crown relations and the Minister for Maori Development.

After these two deadlines, the Fast Track Panel will consider the submissions from these two parties, then publish its final decision by March 18. 

After the final decision is published 

We are pretty confident that neither Ministers nor TTR will be able to turn around this very robust decision, and that the final version will be to refuse consent.  

From this point, TTR could either reapply under the amended Fast Track Act, which would shut out community comment from KASM or the myriad of other groups who opposed (fishing industry, offshore wind industry, etc).  But it cannot shut out Māori input, nor input from local authorities. 

The company can also appeal the decision to the High Court on points of law. We challenged the 2017 EPA consent and won - all the way to the Supreme Court. As a party to this Fast Track process, we can - and will - be in the High Court defending the Fast Track decision against TTR if they take that path. And it goes without saying that we’re prepared to go all the way back to the Supreme Court, again.  We’re not giving up until TTR has gone. 

Time for a ban!!

But given yet another major decision-making body has, once again, rejected seabed mining for the environmental damage it would cause, it’s time to draw a line in our black sand. It’s time for a ban. Are you with us? 

Whatever happens in terms of the Fast Track Process, we will be campaigning HARD for a ban on seabed mining, and we need your help to make this a major election issue.  

Can you help us nail this project to the wall?

None of this will be cheap.  We have almost completely emptied our coffers on getting all our experts lined up to successfully challenge the Fast Track bid.  The incredible support we’ve had from you and other kiwis who love our moana It’s your support and that of Kiwis across the motu who love our moana who have funded this fight for the past 13 years. 

click to donate or join KASM

Now we need to replenish our supplies for the next round or two, so we can ask our absolutely superb legal team to step up, once more! And if TTR doesn't appeal, then we need to move to the next step: campaign to get a full ban on seabed mining!