Scientist in row over Coast mine evidence

A state-owned science institute effectively barred one of its scientists from giving evidence in a mining case, according to documents released under the Official Information Act.

Dr Peter Johnson, a plant ecologist at state-owned Landcare Research and its predecessors for more than 30 years, withdrew from an Environment Court hearing on Solid Energy's plans for an opencast mine at Happy Valley, northeast of Westport, after he was forbidden to say he worked for Landcare.

Dr Johnson, who works part-time for Landcare and is a private consultant, was asked to appear for opponents of the mine while two other Landcare scientists had been engaged by Solid Energy, a state-owned enterprise.

Landcare boss Dr Andy Pearce, in a memo to staff, said it was "imperative" anyone associated with the case "not refer to Peter Johnson as a Landcare Research employee".

Three days earlier Dr Robyn Simcock, one of the Landcare scientists engaged by Solid Energy, had been asked by senior Landcare staff for her views on Dr Johnson appearing on behalf of conservationists.

She replied Solid Energy would be "most unhappy" and "the long-standing, mutually beneficial research relationship between Landcare Research and Solid Energy, as well as contracts worth several hundred thousand dollars, could be adversely affected".

Solid Energy's Cypress Mine sparked sit-in protests by environmentalists early last year when the company sought a licence to extract 500,000 tonnes of coal for 10 years at a 256ha site 17km northeast of Westport.

Opponents say the mine will destroy habitat of great spotted kiwi, weka and a native snail.

The company was given the go-ahead from the Environment Court late last year but Forest and Bird and the Buller Conservation Group have appealed against that decision to the High Court.

Forest and Bird spokesman Kevin Hackwell said Dr Johnson's evidence contradicted Dr Simcock's that the mine site could be rehabilitated when operations ceased.

Dr Johnson had originally planned to give evidence in his role as a senior Landcare scientist but after Landcare objected, he agreed to appear as an independent consultant.

Dr Johnson then sought advice from Landcare lawyer Pamela Pye on whether he would be targeted by Solid Energy lawyers during the hearing and forced to reveal where he worked.

She warned him he was "likely to be subjected to rigorous cross-examination by [Solid Energy lawyer] Mark Christensen".

The day before, Mr Christensen had said he would do just that. "I will wish to explore [the issue] in cross-examination," he wrote to Ms Pye.

Dr Johnson withdrew from the hearing after realising he could be in trouble under court rules if he kept his employment secret - and in breach of his agreement with Landcare if he revealed it.

Solid Energy chief executive Don Elder confirmed he spoke to Dr Pearce about the issue but only to make sure Landcare was aware of the situation.

He said he did not express any preferences on whether Dr Johnson gave evidence.

The subject of research contracts between Landcare and the coal company did not come up during any conversations between Landcare and Solid Energy, he said.

The story so far

Part-time Landcare Research scientist Dr Peter Johnson planned to give evidence in court against a proposal by Solid Energy to start mining on the West Coast.

Another Landcare scientist, Robyn Simcock, who was giving evidence for Solid Energy, warned her colleagues that research contracts with Solid Energy worth several hundred thousand dollars could be adversely affected by Dr Johnson's actions.

Landcare told Dr Johnson he could not say he worked for them, so he agreed to appear as an independent consultant.

The state-owned enterprise then warned that Solid Energy was likely to reveal his Landcare links under cross-examination.

Faced with either breaking court rules or his agreement with Landcare, Dr Johnson pulled out of the case.