26 July 2004 - The
Associate Minister of Energy, Hon Harry
Duynhoven, today welcomed the decision of the Privy Council to uphold the New
Zealand Court of Appeal's decision in Glenharrow Holdings Limited v. The
Attorney General & Te Runanga O Ngai Tahu.
"It is pleasing that this long-standing dispute has been
finally concluded, and that the position held by the Crown throughout has been
confirmed by the Privy Council" Mr Duynhoven said.
The case, which first arose in 2000, related to a legal argument over the
governing law for expired mining licences.
Glenharrow, who had a licence to mine pounamu (greenstone) up until 2000, had
argued that it could renew its expired mining licence through the repealed
Mining Act 1971, rather than its replacement Act – the Crown Minerals Act 1991.
Mr Duynhoven said that the decision of the Privy Council made it clear that
Mining Act licences could not be extended or renewed and that, to continue
mining, licence holders must obtain a permit under the Crown Minerals Act.
"This case also affected 13 other applications for extension or renewal of
mining licences. This decision is good for the mining industry as a whole as it
will allow everyone to move forward with certainty" Mr Duynhoven concluded.
For further information contact.
Jacinda Ardern
Private Secretary
Associate Minister of Energy
Tel: 04 471 9734 or 021 583 977