I,
KENNETH JAMES LANDAUS, of GOLDEN BAY, NEW ZEALAND
Being: Sole
applicant of PLA 31 2583 (Mining Act 1971),
Principal
and co-applicant of ML 32 3021 (Mining Act 1971),
Principal
and co-applicant of MPA 41 452 (Crown Minerals Act 1991);
Herein include my Statement of Claims
against the Crown.
Originally prepared by K.J. Landaus: 1998
Last updated : 31
July 2007
INTRODUCTION
Where
applicable, I have tried keeping the statutory concept whereby those licences
or applications that were retained under the Mining Act 1971, have still to be
considered subject to certain provisions of Part II of the Crown Minerals Act.
I allege:
The matters herein relate specifically to the below mentioned
applications and privileges.
Because the Ministry allegedly failed to decide on PLA 31 2583 until
the enactment of the Ngai Tahu (Pounamu Vesting) Bill 1997 and Crown Minerals
allegedly failed to provide me with my statutory right under the ‘Vesting Act’
and mining Acts to make application for a new license relating to ML 32 3021,
then I consider these claims as unique and are not to be confused with any
other related litigation.
One can only hope and presume, both Parliament, on
passing the Bill and the Governor General, signing it into statutory law, took
into consideration the specific clauses in both Section’s 3 and 5 of the Ngai
Tahu (Pounamu Vesting) Bill.
Both these lead with (3.) “Notwithstanding any other
enactment” and (5.) “Notwithstanding anything in the Crown Minerals Act 1991”.
IF UPHELD, these provisions would directly protect
the rights to all existing privilege holders.
Specifically in consideration to Part 111, General
Provisions, Section
43 of the Mining Act 1971.
The principle
claims relate to:
Prospecting Licence Application 31
2583 Ref:
P8 - 398
The Crowns failure
to process this application subject to the Mining Act 1971 and their refusal to
recognise or accept my claims that they have failed their statutory
responsibilities by not doing so.
In particular I
allege the Crown has breached Section 109 of the Mining Act 1971 and thus have
committed a continuing offence under Section 234 of that Act.
Crown
Minerals and the Secretary of Commerce have stressed that S.69 of the MA Act
provides the power to grant a mining license and also allows the Minister of
Energy wide discretionary powers.
Section
69 of the MA Act is specific to mining licenses; it does not however confer on
the Minister the right to disregard other provisions of the Act.
S.48
(Prospecting Licences), of the MA Act is specific to this application
and although subject to his discretion and conditions, subsection (1) clearly
indicates the Minister is also subject to the other provisions of the said Act.
The provisions in this case being S.109 (1,2,3), of the MA Act 1971, notwithstanding
the enactments of the Ngai Tahu (Pounamu Vesting) Act 1997; S.3 and S.5, both
stating in part; “ notwithstanding any
other enactment ”.
This and other
matters are raised in the PLA 31 2583 section of this document.
Mining Licence 32 3021 &
Application for Renewal (New License) See alleged legal interpretation according to the
Acts
