14 Apr 2011

Iwi considering legal action over oil survey permit

7:20 am on 14 April 2011

A lawyer says Maori iwi involved in a protest against Brazilian oil giant Petrobras is considering taking the Government to court over its decision to allow the company to survey.

A protest flotilla temporarily stopped the company's oil and gas survey off East Cape for three days by having people swim in front of survey vessel Orient Explorer.

Petrobras is conducting a survey of 12,000 square kilometres of seabed determine if oil or gas are likely to be under the ocean floor in commercial quantities.

The company has a permit to search for oil and gas and a legal obligation to continue under the terms of an agreement with the New Zealand Government.

On Tuesday, police issued environmental protesters with notices to ensure their boats do not get too close to survey ship or its support vessel.

A legal team for Maori iwi and Greenpeace protesters is meeting on Wednesday to decide whether to ignore the police instructions.

Te Whanau a Apanui's lawyer Dayle Takitimu says the meeting will also consider asking the High Court for a judicial review of the exploration permits Petrobras got from the Government and for an injunction against the ship doing any more work while a review is heard.

Greenpeace says Petrobras has begun surveying again and the flotilla is abiding by rules which state it should stay 250 metres off the bow and stern of the survey ship, and 200 metres off its port and starboard sides.

Failure to comply could incur a fine of no more than $10,000 and up to 12 months in jail, police say.

Greenpeace said it was consulting lawyers in Geneva on Wednesday night. A decision is yet to be made on whether to ask the High Court for a judicial review of Petrobras' exploration permits, and for an injunction against the ship doing any more work while a review is heard.