Environment Court Judge Laurie Newhook has publicly released a minute of mediation between the Environmental Defence Society and the New Zealand Aluminium Smelter. 

The minute, released on Wednesday afternoon, states: "I am taking the unusual step of issuing this minute after two days of judicial settlement conference because of the high level of public interest, and because I have directed the parties to confine their discussions to the conference parties and not beyond its confidential confines.”

"Constructive practical solutions are on the table and are being actively worked on by the major parties.... the parties all accept the urgency and seriousness of the situation at Mataura," he said. 

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On July 6 of this year, the Environmental Defence Society (EDS) filed declaration proceedings against the New Zealand Aluminium Smelter (NZAS) in the Environment Court, concerning the storage of ouvea premix at sites on Kana Street, Mataura, Southland. 

The EDS released a press release announcing the proceedings, and stating the NZAS is responsible for the material and should take immediate steps to remove it promptly to a safe site. 

The NZAS is contesting EDS's declaration proceedings, saying the owner of the ouvea premix is Taha Asia Pacific.

Ouvea premix is made from dross, a by-product of aluminium production, and is classified as a category 6 hazardous substance. 

When wet, it produces ammonia gas which is toxic to humans and can also harm aquatic life. 

About 8500 tonnes of ouvea premix is currently stored at the town's old paper mill.

About 10,000 tonnes of ouvea premix was first taken to the paper mill six years ago by Taha Asia Pacific.

However, the company went into liquidation in 2016 and since then the dross has sat in the paper mill and various sites around Southland, with no one wanting to claim responsibility for it. 

After years of negotiations and arguments between various parties, about 1600 tonnes was recently removed and returned to the Tiwai Point smelter for reprocessing and shipping overseas.

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Judge Newhook stated in the minute that “current contractual arrangements for removal of ouvea pre-mix from the Mataura premises are operating ahead of the originally-anticipated timetable, but the parties are working on developing considerably faster arrangements if at all possible’’.

He said "robust discussions" among both parties were had on Tuesday and Wednesday with constructive and practical solutions being presented.

The settlement conference will resume on Monday, September 28, with a view to having solutions finalised.

In the meantime, Judge Newhook has directed steps to be taken by parties and as well as a timetable. 

He has also directed the parties not to make further comment in the media so as not to prejudice the mediation process.

"There will be no further comment from the Court at this stage of the process," he added.