A $70 million green hydrogen project which features the tallest wind turbines in the country can move forward in South Taranaki after the High Court dismissed an appeal against its resource consent.
Andrew Clennett, CEO of Hiringa Energy, said they were “happy and relieved” with Justice Christine’s Grice’s ruling, which was released on Monday.
Te Korowai o Ngāruahine Trust had appealed the “fast-track” decision, under Covid recovery rules, of an expert panel to approve Hiringa and Ballance Agri-Nutrients’ development at Kapuni, which will generate ‘green’ energy from wind.
Four 206-metre wind turbines at Kokiri Rd, 5km northeast of Manaia township, will generate electricity for the nearby Ballance Agri-Nutrients ammonia-urea manufacturing plant to produce hydrogen.
A computer-generated view of the four 206-metre wind turbines for the green hydrogen project by Ballance Agri-Nutrients and Hiringa Energy Limited. The turbines’ location is being challenged in the High Court by Te Korowai o Ngāruahine.
Initially, this hydrogen would be used to make ammonia and urea, but transition over five years to supply fuel for commercial and heavy transport.
Last December, the panel approved the application for 35 years, subject to conditions, and earthworks were to have started in February.
Te Korowai o Ngāruahine Trust, the representative body for Ngāruahine iwi, including Ngāti Manuhiakai and Ngāti Tu, the two hapū with uncontested mana whenua over the land, appealed on Treaty, cultural and environmental grounds, with support from Greenpeace.
The trust argued the panel had failed to properly take into account tikanga (custom) and the individual positions of hapū and iwi and their issues of concern.
Greenpeace said the panel had failed to properly assess the environmental effects of the urea fertiliser produced.
But in her decision, Justice Grice found here had been no errors in law.
“In respect of the Treaty and cultural issues canvassed in this appeal, I am satisfied that both procedurally and substantively the panel performed its functions and exercised its powers in a manner ‘consistent with’ the principles of the Treaty and Treaty settlements, as it was required to do.”
With regard to the panel’s alleged failure to consider the environmental effects of the end use of the hydrogen, and associated conditions, Justice Grice said she was “satisfied the panel considered the end uses of the urea produced”.
Clennett said they would take time to read over the ruling.
“But the fact the decision acknowledges the effort Hiringa Energy went to in order ‘to ensure it had consulted all iwi and hapū with an interest in the project, to determine how kaitiakitanga (guardianship) could be integrated into the project, to mitigate the cultural effects of the project and to build a relationship that would result in positive outcomes for the hapū, Te Korowai, the broader community and the environment’ is important to us.
“We want to strengthen those relationships and work together as Taranaki transitions from a fossil fuel economy into one that embraces renewable energy.”
Clennett said while the decision could be taken to the Court of Appeal on points of law, they hoped the dismissal was clear.
The applicants say about 40 full-time equivalent jobs will be created over the construction period, and the hub will help to safeguard 130 full-time jobs and 20 direct contracts at Ballance Plant.
SOURCE: Stuff
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