Three activists who broke into the Waihopai spy base in 2008, deflating one of its domes, are considering whether to appeal to the Supreme Court against a decision to make them pay the repair bill.
The Court of Appeal has found that Father Peter Murnane, Adrian Leason and Sam Land, who broke into the Waihopai spy base and deflated one of its domes, are liable for the $1 million cost of repairing the facility.
In 2010 a jury acquitted the three on criminal charges, but the Crown then took civil action against them.
The Crown sued on behalf of the Government Communications Security Bureau, and in 2011 the High Court ruled that the activists were liable to pay damages to the base near Blenheim, estimated at about $1.2 million.
The Green Party's intelligence and security spokesperson, Steffan Browning, says the men do not have the money to foot the bill.
"Peter Murnane says 'hold me up by the ankles and shake me'. Adrian Leason - very poor as well. Sam Land as well, I think. So they contrast significantly with a major spy agency that's taking a huge amount of taxpayers' money - talking huge money, huge implications."
Mr Browning says the Government's case appears to be spiteful, and it may be trying to make an example of the three activists.
Lawyers tell court spy base illegal
In May this year, lawyers for the trio told the Court of Appeal that the spy base was illegally established and did not act in New Zealand's interests, which meant their clients could not be held accountable for the damage they did.
However, the court has rejected those arguments. It found the Crown's claim for the cost of repairs at Waihopai is founded on its ownership of the facility and the damage the men caused by their admitted trespass.
A solicitor for two of the men, Tim Cochrane, had asked the Court of Appeal for a full trial on whether the Crown was entitled to pursue the civil claim.
"The Court of Appeal has come back and said that the appellants are required to pay something. Now if this decision isn't appealed, there would still need to be a full trial on how much the appellants are required to pay."
Mr Cochrane says a decision on whether to take the case to the Supreme Court should be made in the next two weeks.
Documents released to Radio New Zealand contain a summary of invoices for work carried out after the attack on 30 April 2008.
They show producing and installing a new dome cost the GCSB $1.1 million. Just over $80,000 was spent hiring cranes. Wrenches and hard hats, as well as pies, savouries, beer and juice for workers are also included.
