ELI challenges Mt Messenger permit and consent decisions in High Court

The Environmental Law Initiative is in the Wellington High Court this week challenging the Wildlife Act permit and consent issued to the Mt Messenger bypass project.

The highway will destroy more than 30 hectares of indigenous forest and wetlands, which are home to rare species such as the long-tailed bat and kiwi.

“Our native wildlife deserves to be protected by effective, well-implemented laws”, says ELI’s Director, Research and Legal, Matt Hall.

“However, the permit and consent provided to Waka Kotahi authorises them to kill an unlimited number of animals from a list of 46 species of protected wildlife.

“The Department of Conservation should be putting the interests of wildlife first. Yet, this case highlights, it has not done that.”

“In ELI’s view, the Wildlife Act permit granted to Waka Kotahi is contrary to the Wildlife Act's protective purpose, making it beyond DOC’s powers to grant.

“We also view the almost complete lack of conditions attached to the permit and the use of environmental offsetting in the decision making to be unlawful”, says Hall.

When ELI challenged DOC on its alleged unlawful use of s 53 of the Wildlife Act to issue an Authority (permit) to Waka Kotahi, the department then instigated a separate s 71 consent process which requires Ministerial approval. ELI also alleges that this Wildlife Act consent was unlawfully granted.

“We want DOC to fulfil its statutory mandate to protect wildlife in Aotearoa” says Hall.

ELI is asking the High Court to quash the permit and consent and to rule on the extent of DOCs powers under the Wildlife Act.

To read more details about this case, click here.