Mining on conservation land and reserves

Mining on conservation land and reserves is governed by the Crown Minerals Act 1991. For Crown land, when deciding whether to enter into an “access arrangement” (permission to use land for mining), the relevant Ministers must have regard to—

• the objectives of any Act under which the land is administered; and
• any purpose for which the land is held by the Crown; and
• any policy statement or management plan of the Crown in relation to the land; and
• the safeguards against any potential adverse effects of carrying out the proposed programme of work; and
• the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought; and
• the recommendation of the Director-General of Conservation (if relevant); and
• any other matters that that Minister or those Ministers consider relevant.

See Rangitira Developments Ltd v Sage [2020] NZHC 1503 for discussion of a challenge to such a decision on the basis of predetermination or apparent bias, and relevance of the Government’s policy (not yet made law) for no new mines on conservation land. 

Where reserves are administered by a local authority, different considerations apply.  In this regard, see Royal Forest and Bird Protection Society of New Zealand Inc v Rangitira Developments Ltd [2018] NZCA 445 which held that a local authority cannot enter into an access arrangement that is the incompatible with principal or primary purpose of a reserve and must give effect to s 23 Reserves Act.  The requirements of the Reserves Act are not to be balanced against other factors not relevant to the protection of the reserve. 

Last updated at 11:49AM on August 24, 2021