SHVC opposed the wildlife permit being granted to Solid Energy because of the presence of a rare breed of snails that inhabit the ridgeline of the company’s Stockton Opencast Mine, on the west coast of New Zealand’s South Island.

Solid Energy’s total costs associated with moving rare snails in the area is projected to be up to $10 million.

In his decision released yesterday, High Court Judge Simon France found that Solid Energy “is a commercial organisation that was put to considerable expense and expenditure of resource and it is entitled to costs in the normal way”

France said Solid Energy had followed the correct statutory process to obtain consent and had spent considerable resources in seeking to ensure a safe relocation of native land snails at its Stockton Opencast Mine.

Solid Energy was granted the wildlife permit by the minister of conservation and associate minister of energy on April 12, 2006 to move the snails by hand and to carry out direct transfer of the snail habitat to an area that will not be mined.

SHVC challenged the legality of the ministerial decision and brought proceedings against the two ministers and Solid Energy.