Bay of Plenty Times

Treasury: Rio Tinto risks ‘backlash’ over smelter

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Treasury says Rio Tinto risks an investor backlash over its handling of environmen­tal obligation­s at Tiwai Point, likening the situation to the destructio­n of sacred Aboriginal sites in Western Australia that forced the global mining giant’s chief executive to quit.

Documents released under the Official Informatio­n Act reveal the frustratio­ns of both Treasury and the Government as they tried in vain to pin down the owners of New Zealand’s aluminium smelter to environmen­tal obligation­s at Tiwai Point, which has operated as a smelter since 1970.

Although New Zealand Aluminium Smelters (NZAS) has a $290 million provision in its accounts for cleaning up Tiwai Point, Treasury officials admitted in July they “remain unclear about legal responsibi­lity” for a site they believe was more contaminat­ed than the community realised.

“Rio Tinto’s liability (if any) may be quite limited and difficult to enforce,” a joint report from Treasury and the Ministry of Business, Innovation and Employment warned ministers in September.

There was a risk that if Rio Tinto sold the operation, the new owner might not have the financial capability to fund the eventual remediatio­n.

Treasury also warned that NZAS could be tipped into liquidatio­n, in which case liquidator­s could disclaim the site as onerous property, meaning the land — and responsibi­lity for the clean-up — would fall on the Crown.

Treasury pointed out that earlier in 2020 Rio Tinto was responsibl­e for destroying a 46,000-year-old Aboriginal site in Western Australia, “which caused severe reputation­al damage and backlash from investors” and was blamed for global chief executive Jean-sebastien Jacques stepping down from the company.

“Rio Tinto faces a similar risk in New Zealand if they are not mindful of their obligation­s and Nga¯i Tahu interest relating to the sites of cultural significan­ce at Tiwai Point,” Treasury warned.

Nga¯i Tahu said its concern was mounting.

“We at Nga¯i Tahu are increasing­ly concerned about developmen­ts at the smelter and the risk of significan­t environmen­tal damage to the local ecosystem and important cultural sites at Tiwai Point,” Terry Nicholas of Hokonui Ru¯nanga said.

“It’s absolutely vital that Rio Tinto meet its obligation­s and that whatever the long-term picture for the smelter, the local environmen­t is protected for future generation­s.”

Treasury repeatedly warned that Rio Tinto was not meeting deadlines for informatio­n requests from a team of negotiator­s about its clean-up plans when Tiwai Point closed and would not agree to allow independen­t inspectors on site.

The documents also reveal frustratio­ns from Rio Tinto about the negotiator­s, with its global head of aluminium apparently writing to ministers claiming the Government­appointed

officials did not appear to have a mandate to negotiate.

While the Government said repeatedly that there would be no Crown assistance to keep Tiwai Point operating, the documents show Treasury officials negotiated at length with Rio Tinto about a payment in return for formal clean-up commitment­s.

Eventually, Finance Minister Grant Robertson wrote to Rio Tinto in March breaking off the negotiatio­ns until it provided more informatio­n on the state of the site.

In July 2020, Rio Tinto, owner of about 80 per cent of the smelter, announced plans to close in August this year, which would have caused hundreds of job losses and meant tens of millions of dollars of transmissi­on costs would have to be shared across other electricit­y users.

After claiming repeatedly that it needed lower transmissi­on costs to remain operating beyond this year, in January the company struck a deal with electricit­y giant Meridian, committing to operating at Tiwai Point until the end of 2024 without direct government subsidy or transmissi­on relief.

Neither Rio Tinto nor NZAS has yet commented on the documents.

While Environmen­t Minister David Parker previously claimed the Government had been “left blind” by the state of Tiwai Point, he indicated in Parliament this month that the relationsh­ip with the company may be improving.

“At the latest meeting that we had with the new chief executive of Rio Tinto smelters in Australasi­a . . . there was a noticeable change of tone from the smelter, and one of the things they said was that they intend to remove all of the concrete cathode linings and take proper responsibi­lity for them.”

Parker declined to discuss the Treasury documents.

 ?? Photo / Mike Scott ?? Tiwai Point is more polluted than the public realises, Treasury officials believe.
Photo / Mike Scott Tiwai Point is more polluted than the public realises, Treasury officials believe.

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