High Court Wellington
14, 15, 16, 19, 20, 21 June; 11 October 1989
Greig J
Court of Appeal Wellington
14, 15, 16, 19, 20 February; 14 August 1990
Cooke P, Richardson, Bisson, Hardie Boys and Heron JJ
14, 15, 16, 19, 20, 21 June; 11 October 1989
Greig J
Court of Appeal Wellington
14, 15, 16, 19, 20 February; 14 August 1990
Cooke P, Richardson, Bisson, Hardie Boys and Heron JJ
Administrative law — Judicial review — Ministerial decision — Fairness and legitimate expectations — Minister empowered by Petroleum Act 1937 to regulate prospecting and mining, and himself to engage in prospecting and mining alone or jointly with others — Minister one of a joint venture group who discovered oil — Whether Minister could then grant mining licence to himself alone despite the joint venture agreement — Whether fairness required him to inform the group of his intention to do so, to enable representations to be made.
Statutes — Petroleum Act 1937 — Ministry of Energy Act 1977 - National interest in the discovery and commercial development of oil fields the mainspring of the Act — Regulatory and commercial powers of Minister — Whether national interest enabled Minister to ignore his contractual obligations entered into in pursuance of statutory powers, with object of making money out of a public asset — Whether statutory power to enter into joint undertakings and other commercial powers necessarily implied requirement to comply with contractual obligations — Ministry of Energy Act 1977, s 15 and Petroleum Act 1937, ss 14, 15, 18, 20 and 36.
Statutes — Petroleum Act 1937 — Whether the Act contemplates the grant of mining licences for "land" within defined lateral boundaries but unrestricted as to depth — Petroleum Act 1937, ss 5, 6, 7, 11 and 12.
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