POLICIES 10.8 Crown minerals and pounamu
The Crown Minerals Act 1991 and the Resource Management Act 1991 control mining. Mining permits are not concessions under the Conservation Act 1987.
Section 61(2) of the Crown Minerals Act 1991 sets out the matters the Minister must take into account when considering an application for an access arrangement for prospecting, exploring and mining in national parks. In addition, in relation to Crown-owned minerals in national parks which are listed on the Fourth Schedule, there is only a limited range of activities for which an access arrangement may be accepted, as set out in section 61(1A) of the Crown Minerals Act 1991.
The Ngāi Tahu (Pounamu Vesting) Act 1997 vested in Ngāi Tahu ownership of all pounamu occurring in its natural condition found in the takiwā of Ngāi Tahu Whānui and in adjacent parts of the territorial sea and its seabed and subsoil. Te Rūnanga o Ngāi Tahu has issued a Pounamu Resource Management Plan that sets out its policies for the protection, collection and extraction of pounamu.
Section 8(2) of the Crown Minerals Act 1991 provides for the use of Crown-owned minerals that exist in a natural state, by the Department, and any other occupier of the land in which those minerals occur, for the purposes of reasonable domestic, road making or building purposes on that land. Sections 12 and 13 of the Resource Management Act 1991 make provision for the removal of sand, shingle, or other natural material from the bed of a lake or river and the foreshore, subject to a resource consent from the relevant territorial authority. A concession is also required.
POLICIES
10.8(a) The preservation of national park values and the benefit, use and enjoyment of the national park by the public, including public access, will be primary considerations in assessing prospecting, exploration and mining activities.
10.8(b) Proposed access arrangements to prospect, explore or mine in national parks will be considered on a case-by-case basis and will take into account the objectives of the National Parks Act 1980, the purpose for which the land is held, this General Policy, the relevant conservation management strategy, the national park management plan, the safeguards against any potential adverse effects of carrying out the proposed work, and such other matters as the Minister considers relevant.
10.8(c) Proposed access arrangements in relation to Crown-owned minerals in national parks or parts of national parks listed on the Fourth Schedule of the Crown Minerals Act 1991, will be considered only for those activities set out in section 61(1A) of the Act.
10.8(d) Access arrangements for the removal of pounamu from national parks within the takiwā of Ngāi Tahu whānui will be considered only where the applicant has authorisation for collection from the kaitiaki rūnanga of Te Rūnanga o Ngāi Tahu.
10.8(e) A national park management plan will identify if and where sand, shingle or other natural mineral material can be removed, consistent with the preservation of national park values.
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