Case overview
In late 2019, EDS initiated legal proceedings against New Zealand Aluminium Smelter Ltd regarding the unsafe storage of ouvea premix at the old Mataura Paper Mill, which was subject to flooding. Ouvea premix, when wet, releases ammonia gas which is harmful to human and aquatic life.
The declarations filed in the Environment Court sought, inter alia, recognition that the company had a duty under section 17 of the Resource Management Act to avoid, remedy or mitigate an adverse effect on the environment arising from its activities. However this argument was never tested in the Court.
Due to the complexity of the situation, mediation was the preferred way forward. After 12 judicial settlement conferences facilitated by Alternate Judge Newhook a Court-facilitated agreement between the parties was reached and the ouvea premix was removed back to the Tiwai Aluminium Smelter site.
