20 May 2004
Business Manager Minerals
Crown Minerals
Ministry of Economic Development
PO Box 1473
WELLINGTON
Dear Sir
Mining License 32 3021 (Mining Act 1971)
K.J. Landaus
I am pleased to see that you note that there is currently no litigation against the Crown on my behalf.
All the more reason therefore that the Ministry continue to provide some specific answers to my questions as requested in my letter dated 12 May 04 and the following.
Please appreciate, before I take these matters up with the respective Ministers, I do need to get my facts right.
Under the Official Information Act, can you therefore answer the following questions please?
1.
Why was my letter of 14 August 1997 to Crown Minerals requesting application forms for the statutory renewal of my ML 32 3021 denied actioning, given that it was received well before the 30 day compliance period set out in Section 77 (2) of the Mining Act 1971?
Please note, Paul Stigley (Crown Minerals), in a letter dated 07 October 1997, stated I did not have a right to apply for a new license and Nick Crang (Legal Section), stated that it was the Ministry’s view that it’s actions were legally correct.
2.
What is the Ministry’s current interpretation of Section 77(2) of the Mining Act 1971, as it related to this license?
3.
What is the Ministry’s current interpretation of Section 43 of the Mining Act 1971, as it related to this license?
4.
If the Ministry eventually considered mineral ownership as the reason for refusing to recognise my rights accorded under the Mining Act 1971, then why did they not eventually consider the relevant clauses under Section 3 and Section 4 of the Ngai Tahu (Pounamu Vesting) Act 1997, that supposedly protect existing privileges and the rights to the respective minerals?
5.
Why was my attempt to apply for a renewal of an existing license eventually refused on the grounds of mineral ownership when the minerals actually belonged to me at the time I made and was refused application under statutory provisions?
6.
If the Ministry eventually considered mineral ownership as the reason for refusing to recognise my rights to renew this license, accorded under the Mining Act 1971, then why did they not eventually consider Section 43 of the Mining Act 1971?
7.
Why did the Ministry grant other mining licenses for a period of up to 42 years, yet refuse renewal of this mining license?
Please note that this license was denied the right of renewal approximately 2 years before its expiry date.
Kenn Landaus