Shipwreck of the MV Rena, Astrolabe Reef, Bay of Plenty. Image taken from screengrab.
The owners of the Rena have decided not to take their bid to leave much of the wrecked container ship on the Astrolabe Reef directly to the Environment Court.
It had been earlier expected that the application for resource consent to leave what remains of the ship would be referred directly to court but, in an announcement today, the owners and insurers have opted to take a different path.
The application would instead be heard by a panel of independent commissioners appointed by the Bay of Plenty Regional Council, with a hearing likely to take place in Tauranga in the first half of next year.
Part of the wreck, including its cargo and much of the surrounding debris, has been removed from the reef off the coast of Tauranga, in a costly salvage operation which began when the ship struck it early on October 5, 2011, and later spilled 350 tonnes of heavy fuel oil and debris into the ocean.
The owners' decision followed a review of the regional council's technical report, which outlines a number of conditions for consideration should consent be granted.
"The current operation to remove cargo and other remaining debris that spilled on to the reef when the vessel broke apart and sank is expected to go a long way to addressing many of the concerns raised by submitters, and in the Council report," said Captain John Owen of insurers The Swedish Club.
The vessel broke apart and sank is expected to go a long way to addressing many of the concerns raised by submitters, and in the Council report.
"Also, a number of submitters have expressed a view that going directly to court would limit the opportunity to have their say.
"The submissions highlight that the issues now remaining are matters for the local community, and it is appropriate that they are dealt with at the Council level."
Meanwhile, the Waitangi Tribunal has ruled that two claims concerning the removal of the wreck were well-founded.
In a report released today, the Tribunal concluded that the Crown signed the deed without having sufficient knowledge of Maori interests in the reef and without having consulted affected Maori, despite it having been both practical and important for the Crown to have done so.
The Crown's conduct, the Tribunal found, breached the Treaty principle of partnership and mutual benefit.
The claims submitted by the Motiti Rohe Moana Trust, the Ngai Te Hapu Incorporated Society, and the Mataatua District Maori Council, were heard under urgency in Tauranga in June and July 2014 by a Tribunal panel comprising Judge Sarah Reeves, Mr Ron Crosby, the Honourable Sir Douglas Kidd, and Professor Sir Tamati Reedy.
The Tribunal issued an interim report in July ahead of the Cabinet's decision in August on whether to support the owners' application for resource consent to leave the wreck on the reef.
The Tribunal's final report focuses on the Crown's conduct in entering into the Wreck Removal Deed as part of its October 2012 settlement with the Rena owners.
The deed obliged the Crown to consider, in good faith, supporting an application by the owners for resource consent. These obligations, the Tribunal found, placed the Rena owners in a special position in the resource consent process in a way that could significantly affect Maori interests in Otaiti.
The Tribunal considered that, by opting in August 2014 to partially oppose the Rena owners' resource consent application, the Crown had averted the primary prejudice that could have arisen.
But the Tribunal also found the Crown's conduct had damaged its Treaty partnership with the claimants and put at risk their ability to engage meaningfully in the resource consent process.
The Tribunal recommended that the Crown take active steps to protect Maori interests in the resource consent process and assist the active participation of affected Maori.