Access to minerals
DOI:
https://doi.org/10.26686/pq.v7i1.4372Keywords:
Paki v Attorney General, Crown Minerals Act 1991 (CMA), alienation of land, mining on land managed by the Department of Conservation, permits to prospect, explore and mine, schedule 4 debate, mining industry, Resource Management ActAbstract
Controversy over access to minerals is not recent. For example, in 2011 the Supreme Court will hear the Paki v Attorney General case, involving Māori claims to continued interests in the bed of the Waikato River. In 1903, under the Coal Mines Amendment Act of that year, the beds of all ‘navigable’ rivers in New Zealand were taken because of a concern at the time about coal being mined under river beds. That law remains in force under the Crown Minerals Act 1991 (CMA) (section 11(2)). The case arises because there has never been a clear understanding of what ‘navigable’ means.
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