Glenharrow Holdings Ltd v Attorney-General - [2003] 1 NZLR 236

Mining — Mining licence — Application to vary existing licence by extending term — Whether licence term is a “condition” capable of variation — Whether Minister of Energy required to determine application — Ngai Tahu (Pounamu Vesting) Act 1997, s 4(1).

Mining — Mining licence — Application for new licence — Whether existing licence holder had legislative entitlement to new licence, or only priority over competing applicants — Impact of legislation vesting relevant minerals in private ownership — Ngai Tahu (Pounamu Vesting) Act 1997.

Mining — Mining licence — Misdescription of affected land — Whether misdescription able to be corrected as a “clerical error” — Whether Minister of Energy had discretion to correct — Whether discretion could be exercised against correction in the circumstances — Mining Act 1971, ss 75 and 103D(2).

Mining — Mining licence — Variation of licence — Effect of agreement between Minister of Conservation and licence holder as to certain conditions — Whether such agreement amounted to statutory variation of conditions — Mining Act 1971, ss 26 and 103D(3).

Maori and Maori land — Mining — Application for variation of mining licence — Whether vesting of pounamu in Ngai Tahu subject to preservation of existing rights and other transitional provisions gave Ngai Tahu power of veto over application — Whether Ministers considering application obliged to consult with Ngai Tahu — Interpretation Act 1999, s 6.