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.

 

 

 

Yours faithfully

 

 

Kenn Landaus