An attempt to get an injunction through the Maori Land Court Taitokerau to stop 1080 poison drops over Russell State Forest and Cape Brett has failed.

In Whangārei today , Judge Miharo Armstrong ruled against the request for the court to slap an injunction on the Department of Conservation's (DOC) proposed 1080 operations.

Riki Ngakoti and Hayward Brown lodged the application for an injunction last Thursday afternoon and heard from the court on Friday it would be considered today on the grounds of urgency.

The applicants based their argument in part on questions over Maori land boundaries, Maori reservation areas and title descriptions.


Judge Armstrong's written decision will be available in the next few days.

In the meantime, the applicants said that although they can do nothing until the judge's formal report on his findings is in their hands, they would appeal.

''The judge decided to rule against us but we're not at all discouraged by that,'' Ngakoti said. ''We are definitely going to appeal, as soon as we are able to.''

DOC is due to drop the pest control poison in the next week or two. Two weeks ago DOC applied a non-poisoned dose over the intended 1080 drop zone to give the pest animals a liking for cereal pellets.

Ngakoti said an injunction would have stopped the process continuing until more hui, consultation and "solutions sharing'' could be held between Maori, other landowners and DOC.

There was no formal group behind the injunction although the case had been prepared with support from Nga Tikanga Maori Law society Inc, he said.

''As kaitiaki, we took on the responsibility to take this action on behalf of whanau and whanaungatanga (closely connected people).''

DOC was represented by two lawyers using the court's audio visual system.


A spokeswoman said DOC welcomed the judge's decision to dismiss the application for an injunction.

''DOC is confident with the consultation process for the Cape Brett and Russell Forest 1080 operation.''