Well, many of you may have heard the judgement made in the High Court in Wellington a few weeks ago against the Brook Valley Community group and Te Whare. The court case lasted for and day and a half, with our two lawyers (Brook lawyer Sue Grey and our own Alan Tobeck) up against 8 others - 2 each from the Ministry for the Environment; Nelson City Council, Brook-Waimarama Sanctuary and Forest and Bird.
Sue did a wonderful job, arguing for hours why the area should not have 26 tons of Brodificoum poison dropped aerially. As an ‘intervener’ to the case, Alan was permitted only 20 mins, then a further 3, to argue why the Exemptions to the Resource Management Act introduced earlier this year are unfair, citing the fact that there is now no need for consultation or even notification before an aerial poison drop. He also pointed out the lack of pre and post monitoring to show success or otherwise of these operations. None of our affidavit evidence was heard in court. The Judge was purely looking for a question of law and made his rushed judgement against the Community group and ourselves in order for the drop to carry on as scheduled.
We believe there are flaws in this decision and have supported Sue Grey in her formulation of an appeal. They will again, however, ask for Security of Costs to hear the appeal (their lawyers recently requested that this be over $42,000!).
The good news is that the garnishee order case against Te Whare has been dropped so we still have nearly $15,000 of your donations in our solicitor’s Trust account. We said in the beginning that those of you who donated $500 or more would be offered back their donation if it was not needed for Security for Costs in our original court case. This we do here and now.
Contact Kath Lane secretary wildsidebackpackers@gmail.com if you are one of these substantial donors and wish to withdraw your money.
However, we would urge you to leave your money in Te Whare for ongoing court battles. We are not giving up!
Meanwhile, our chairman Dan has been following the poisoners around again with his video camera – to the ZIP drop in Arawhata – where baits were laid directly into the river (filmed trout swimming around them) despite DOC warning concession holders, a mere 2 days prior, that baits would not be put in the river.
ZIP is the latest non-government organisation to be spreading 1080. It is an incorporated society funded by Gareth Morgan and others including several dairy companies. As such it is not subject to the Official Information Act and is now refusing to give Dan any data of post drop monitoring of pests etc (as usual there was no pre-monitoring, so therefore no basis to determine if the double dose of 1080 given was even necessary) simply because he was on site asking questions about the legality of the road closure when DoC was conducting the operation.
If any of you have time you could help by asking ZIP CEO Al Bramley for stats on what they found left in the area after the drop to justify the second dumping of 1080 over the same area. This is all part of the Predator Free ethos which means double blitzing everything on a landscape scale.
Dan and a few others also protested at the loading site for the Barrytown Coast Rd drop where the 1080 dust was pungent in the air, yet locals were not offered alternative water...
Just more evidence of the lack of care that the government has for the people it governs...
But with your help we are determined to stick up for the rights of the people and the animals and plants of this land through more court action.
Thanks again for your donations.
