Home | Databases | WorldLII | Search | Feedback New Zealand Bill of Rights Act Reports

Crown Minerals (Prohibition of Mining) Amendment Bill (Consistent) [2022] NZBORARp 38 (18 August 2022)

Last Updated: 30 September 2022

18 August 2022

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Crown Minerals (Prohibition of Mining) Amendment Bill

1. We have considered whether the Crown Minerals (Prohibition of Mining) Amendment Bill (the Bill), a member’s Bill in the name of Hon Eugenie Sage, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act).
2. The Bill amends the Crown Minerals Act 1991 (the principal Act) to prohibit the Minister of Energy and Resources or their delegate granting permits for minerals activities (prospecting, exploration and mining) over conservation lands and waters; requires permits to be surrendered where rare or threatened species are found on the land; and places restrictions on Ministers accepting applications for access arrangements by existing permit holders.
3. The purpose of the Bill is to protect conservation lands and waters from impacts of mining. The Bill also prohibits new coal mines and any expansion of existing coal mines after 1 January 2025 on any land to protect the climate from the greenhouse gas emissions generated by burning coal.
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel