12 May 2004
Business Manager Minerals
Crown Minerals
Ministry of Economic Development
PO Box 1473
WELLINGTON
Dear Sir
Prospecting License Application 31 2583 (Mining Act 1971)
K.J. Landaus
In
order to fill in a few gaps in the time line regarding this application, under
The Official Information Act, can you answer the follow questions for me
please?
1.
Given
that my application specifically related to access of the land, for what reason
did the Ministers of Energy and Conservation withhold the processing and
granting of the application for a period of approximately 8 years.
2.
Why
did the Minister of Energy not adhere to the provisions set out in Clause 1 of
Section 109, of the Mining Act 1971, yet grant other mining privilege
applications and renewals of existing licenses during the same period he
withheld decisions on this application.
3.
Under
Section 109 of the Mining Act 1971; why did the Minister or the Secretary of
Energy not inform me during the period specified in Clause 1 of that section,
that they were extending the processing or decision making period relating to
Clause 2 of that Section and include the reasons accordingly. I understand from
letters that the Minister of Conservation had some concern regarding claims in
the Arahura region but the Department did not place an official objection that
I could answer to, as allowed for in the respective Mining Act.
4.
Why
did the Secretary of Commerce advise me that this application would not be
granted due to the provisions of the Ngai Tahu (Pounamu Vesting) Act 1997 under
Section 104A of the MA 1971, when this Vesting Act specifically states under
Section 5, “Notwithstanding anything in the Crown Minerals Act 1991”. (This CM
Act contains relevant provisions of course to protect applications under the
Mining Act 1971.)
5.
If
the Secretary cited the Vesting Act as the reason for not granting the
application made in April 1989, then alternatively, what excuse did the
Minister of Energy have for not processing the application by April 1990 under
Section 109 of the Mining Act 1971. (Section104A is also subject to
Section109.).
6.
Why did the Minister delegate the Secretary of Commerce to
decline this application when this application pertains to Section 240A of the
MA 1971.
Hoping that you may assist as soon as possible please.
Kenn Landaus