Forest and Bird has appealed a High Court decision that the Crown Minerals Act trumps the Reserves Act when considering open-cast mining on a publicly-owned reserve.
The court case followed the Buller District Council decision to allow access to the Westport water conservation reserve for the Te Kuha coalmine project - a decision challenged by Forest and Bird.
"This decision sets a dangerous precedent. There are dozens of council reserves around the country, that the public rightly expects to be protected. But it turns out they are not protected from mining," Forest and Bird West Coast manager Jen Miller said in a statement.
Last month the High Court decided that, when the Crown Minerals Act was passed in 1991, it implicitly repealed the protections of the Reserves Act for special features such as native plants and animals, and scenic values.
"We disagree with this decision. In Forest and Bird's view, the Crown Minerals Act does not override the council's obligations under the Reserves Act to protect the reserve's natural features," Ms Miller said.
"This reserve is pristine, with intact forest that is home to threatened bird, lizard and plant species including the great spotted kiwi, the South Island fernbird and the West Coast green gecko."
The case will be heard in the Court of Appeal.
In a separate court process, Forest and Bird has appealed the granting of resource consents for the Te Kuha mine to the Environment Court. This appeal will be heard in July.
Stevenson Mining Ltd is also awaiting a decision from the Ministers of Conservation and Energy and Resources on access to about 12ha of conservation land required for the mine.
