NEW ZEALAND STEEL LIMITED v THE ATTORNEY-GENERAL [2013] NZHC 3524

NEW ZEALAND STEEL LIMITED v THE ATTORNEY-GENERAL [2013] NZHC 3524

The Iron and Steel Industry Act 1959 created a special statutory regime authorising ironsands mining without further authority and the 1966 licence conferred the contractual and statutory right to require the Crown to fell and remove trees as part of those mining operations; the Crown Minerals Act transitional...

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Citation
[2013] NZHC 3524
Parties
First Plaintiff: New Zealand Steel Limited; Second Plaintiff: Waikato North Head Mining Limited; First Defendant: The Attorney-General; Second Defendant: Waikato Regional Council
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 December 2013
Procedural Posture
Declaratory Proceedings / Judgment
Outcome
Declarations granted in favour of plaintiffs
Legal Topics
Transitional Provisions, Existing Privileges, Resource Consents, Mining Licences, Tree Felling and Land Disturbance, Crown Obligations
Resource Management Law Administrative Law Statutory Interpretation Property/mining Law Contract Law Environmental Law Transitional Provisions Existing Privileges +4 more

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Parties

New Zealand Steel Limited

First Plaintiff

Waikato North Head Mining Limited

Second Plaintiff

The Attorney-General

First Defendant

Waikato Regional Council

Second Defendant

Procedural Posture

Declaratory Proceedings / Judgment

Legal Issues

  1. 1 Whether the 1966 licence and the Iron and Steel Industry Act 1959 entitled the licensee to require tree felling and associated land disturbance as part of mining operations prior to 1991
  2. 2 Whether the Crown Minerals Act 1991 transitional provisions preserved those rights so that resource consents under the Resource Management Act 1991 are not required for tree felling and incidental land disturbance

Ratio Decidendi

The Iron and Steel Industry Act 1959 created a special statutory regime authorising ironsands mining without further authority and the 1966 licence conferred the contractual and statutory right to require the Crown to fell and remove trees as part of those mining operations; the Crown Minerals Act transitional provisions preserved those pre-1991 statutory rights so neither the licensee nor the Crown require resource consents under the Resource Management Act 1991 for tree felling and necessary incidental land disturbance.

Court Disposition

Declarations granted in favour of plaintiffs

Orders

  • Declaration that the 1966 Deed of Licence included the right of the Licensee to require felling and removal of trees and necessary incidental works, including soil disturbance and vegetation clearance, on notice by the Licensor to permit mining operations to proceed
  • Declaration that the Deed of Licence is an 'existing privilege' within the meaning of clause 12 of Schedule 1 to the Crown Minerals Act 1991