Court challenge to ocean drilling plan

Greenpeace and Bay of Plenty Maori vehemently oppose the plan to explore for oil in the Raukumara Basin. Photo / Greenpeace

An eastern Bay of Plenty iwi and Greenpeace want the High Court to quash a giant Brazilian oil firm's permit to explore off the East Cape, saying the Government's decision-making process was unlawful.

Te Runanga o Te Whanau a Apanui and the environmental organisation lodged an application for a binding judicial review of the decision to grant Petrobras a five-year exploration permit covering the Raukumara Basin.

Both groups strongly oppose the exploration, and staged protests on the water this year.

In a statement of claim, which names the Energy and Resources Minister and Petrobras as defendants, the groups argue that the Government acted unlawfully by failing to:

* Consider the environmental impact of activities as required by international law.

* Consider potential effects on marine wildlife such as legally protected whales and dolphins.

* Have proper regard to the Treaty of Waitangi, including consultation with the tribe.

* Give consideration to iwi fishing rights and customary title claims in the area.

Runanga leader Rikirangi Gage said the Government had a sacred duty under the Treaty to work with the tribe to protect the environment. But it was failing in this regard, he said.

"Rather than pander to the interests of foreign oil companies, the Government must face up to the fact that the burning of fossil fuels is one of the main contributors to global climate change and that we must all join together as a nation to protect our children's future."

Greenpeace climate campaigner Steve Abel said the Government was ignoring the Deepwater Horizon disaster in the Gulf of Mexico.

"The BP spill was a game-changer, highlighting the very real risks of dangerous deep sea drilling for both important wildlife and the economy."

The Government should be developing a plan to end dependence on oil.

However, John Pfahlert, executive officer for the Petroleum Exploration and Production Association, said the action showed a slick sense of timing.

"The two parties are philosophically opposed to this type of resource development so they're taking an opportunity which has presented itself a couple of months out from a general election, to keep the matter in the public eye," he said.

Despite that, if the High Court did undertake the review, one useful outcome for the industry would be for the court to clarify whether the Crown's engagement process with iwi was adequate, Mr Pfahlert said.

Acting Energy and Resources Minister Hekia Parata said she was seeking the advice of officials.