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APRIL 2012 - ISSUE 03 - Massive Magazine

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Jan Wright was undoubtedly too busy to<br />

respond to questions from MASSIVE<br />

but the website spells out the power her office<br />

has in such cases. It draws from the Environment<br />

Act of 1986 (S.16) and the commissioner<br />

has wide discretion to exercise<br />

them. The main functions are to: review,<br />

investigate, report, and inquire into environmental<br />

issues and processes that affect<br />

the country.<br />

There is also a strong focus on encouraging<br />

preventative measure and remedial actions<br />

to protect the environment.<br />

Though the Parliamentary Commissioner<br />

for the Environment (PCE) has wide powers<br />

to “investigate and report on any matter<br />

where, in her opinion, the environment<br />

may be, or has been, adversely affected,”<br />

she does not have the authority to make<br />

binding rulings, nor can she reverse decisions<br />

made by public authorities. It will be<br />

up to the politicians and the voting public<br />

to determine how the issue progresses after<br />

the report is filed.<br />

The news that an investigation has been<br />

launched has, so far, been received well by<br />

both sides of the political spectrum. Green<br />

Party Energy Spokesperson and fracking<br />

cautionary Gareth Hughes greeted the news<br />

of an investigation as “excellent” but still<br />

wants a moratorium put in place while it is<br />

under way.<br />

“By the time the PCE’s report will be finished<br />

and released to the public, new fracking<br />

wells may have been consented in Gisborne,<br />

Taranaki, Hawke’s Bay and possibly<br />

Wairarapa.”<br />

On the flip-side, Energy and Resources<br />

Minister Phil Heatley said “the PCE’s inquiry<br />

will sort out fact from fiction and provide<br />

a framework for full consideration of<br />

all options involving fracking.”<br />

He said one of those fictions was the notion<br />

that the activity was unregulated and<br />

dangerous. “Fracking is a well-regulated<br />

activity in New Zealand carried out by experienced<br />

international specialists to a<br />

very high standard, unlike some instances<br />

overseas. I am fully confident in the ability<br />

of councils to manage its use well, just<br />

as they do for many other activities in their<br />

regions.”<br />

Last month, in Jamie Christian Desplaces’<br />

revealing article on fracturing, it was<br />

suggested that regional councils are not<br />

fully up to speed with what is occurring<br />

within their regions. He cited differences<br />

between executive summaries of reports<br />

and the content of reports as being part of<br />

this confusion.<br />

+++<br />

It was the difference between what was<br />

being told to her by the council and oil<br />

companies that prompted Sarah Roberts,<br />

a major source for the story, to dig deeper<br />

into the reports to<br />

“The oil and gas isn’t going anywhere and some councils have<br />

admitted they don’t have the expertise to deal with the consent<br />

process for these new wells. The Government should slow down<br />

and wait until the report is out before allowing this to happen.”<br />

– Gareth Hughes<br />

find these troubling sections. Some of<br />

these reports have been tabled by Gareth<br />

Hughes at Parliament, but no moratorium<br />

is in place.<br />

Hughes says: “The oil and gas isn’t going<br />

anywhere and some councils and councillors<br />

have already admitted they don’t have<br />

the expertise to appropriately deal with the<br />

consent process for these new wells. The<br />

Government should slow down and wait<br />

until the report is out before allowing this<br />

to happen.”<br />

During parliamentary question times,<br />

Hughes has questioned Heatley about implementing<br />

a nationwide moratorium until<br />

the PCE assures the public fracking is safe.<br />

Heatley replied with a simple “no.”<br />

Hughes suggests the Government has not<br />

taken public concerns seriously. “Instead<br />

they have tried everything they can do to<br />

pass the concerns of communities, farmers,<br />

and the public off as emotive, irrational or<br />

part of a conspiracy.”<br />

Heatley: “While I take people’s concerns<br />

seriously, there is no evidence of either environmental<br />

effects or the risk of inducing<br />

earthquakes to justify a ban.”<br />

When asked if there have been any reported<br />

health cases as a result of fracking,<br />

he responded simply with “none proven.”<br />

When asked if there had been any reported<br />

water contamination as a result of fracking<br />

he again responded “none proven.”<br />

But the problem with this is that there is<br />

proven water contamination from a reliable<br />

source – the Shell Todd Oil Services Annual<br />

Report 2009-2010 for the Maui and Kapuni<br />

Production Stations. This report states:<br />

“The groundwater results are attached to<br />

this report. These results indicate that, with<br />

the exception of KA-5/10, shallow groundwater<br />

below the well-sites is not fit for<br />

potable or stock water use. Furthermore,<br />

shallow groundwater below KA-8/12/15<br />

and KA-13 does not meet the criteria for irrigation.<br />

It is noted that no monitoring of<br />

groundwater has been conducted since December<br />

2008.”<br />

Perhaps politicians like Phil Heatley need<br />

to spend a bit more time with the people<br />

their policies will actually affect. Had they<br />

spent time with the Sarah Roberts, David<br />

Roberts, or even an afternoon in the beaten-up<br />

four-wheel-drive with Michael Self,<br />

they might have well seen it from another<br />

perspective – a human perspective instead<br />

of a fiscal one.<br />

During our short time in Taranaki, we did<br />

see Gareth Hughes mixing with the locals<br />

and listening to their stories, which perhaps<br />

explains why he is so passionate about<br />

the moratorium. He has heard and seen the<br />

concerns first-hand.<br />

He isn’t surprised by the stance the National-led<br />

Government has adopted on the<br />

fracking issue.<br />

“Unfortunately, this reaction isn’t surprising<br />

[because] fracking is a big part of<br />

the Government’s ‘drill it, mine it’ agenda<br />

for Aotearoa,” he says. “This Government is<br />

leading us down a path to runaway climate<br />

change and depleted resources, with relatively<br />

little reward for New Zealanders by<br />

way of profits and jobs.<br />

“While I take people’s concerns seriously, there is no evidence of<br />

either environmental effects or the risk of inducing earthquakes to<br />

justify a ban.”<br />

– Phil Heatley<br />

“I can’t speak to what the PCE will conclude<br />

or how the Government will respond,<br />

but I am working on a Member’s bill right<br />

now, to be introduced to the ballot soon,<br />

which would prohibit fracking. I am hoping<br />

that MPs across the board will get behind<br />

it.”Fracking is now in the hands of the politicians,<br />

and the people who elect them.<br />

MASSIVE will continue to follow the progress of the PCE<br />

investigation and Gareth Hughes’ Member’s bill.<br />

www.massivemagazine.org.nz 15

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