1.00pm
A reserved Privy Council decision will decide the fate of West Coast greenstone miner Glenharrow Holdings.
The miner, appealing an Appeal Court judgment which extinguished its right to renew or extend its mining licence granted under the Mining Act 1971, took its battle to retain mining rights to the Privy Council last week.
The long-running and complex case had Glenharrow defending not only its own interest but those of every miner/quarry owner granted a licence under the old Mining Act.
In two previous High Court hearings, Glenharrow had won the right to vary its 10-year licence to one of 42 years.
In 1997 the Government gave all greenstone to Ngai Tahu as part of its $170 million settlement.
The Appeal Court ruled in April 2003 that mining licence renewal provisions contained in the Ngai Tahu Pounamu (greenstone) Vesting Act 1997 and the Crown Minerals Act 1991 took precedence over the 1971 Mining Act.
The claim relates to an outcrop of mostly serpentine at Wainihinihi, 40km east of Greymouth.
Glenharrow claims the outcrop of stone can be conservatively valued at over $20 billion (correct), making a mockery of Treaty negotiations which vested Ngai Tahu all pounamu as part of its $170 million settlement with the Crown.
Glenharrow's case for leave to appeal to the Privy Council said the Appeal Court decision had deprived it of property.
It also claims a wide difference of judicial opinion.
Company spokesman Gerard Fahey said Wellington solicitor Bill Wilson QC presented a strong case but the Government's legal team mounted a strenuous rebuttal.
"Mr Wilson had been to the Privy Council something like 18 times before so we got a fair hearing but they (Government) had an unlimited budget and rolled out the top brass," Mr Fahey said.
"We will just have to wait and see if the Privy Council has the same view of the laws of the land as we do."
Mr Fahey said the entire case was heard within two days but the Privy Council put no time frame on the release of its reserved decision.
- NZPA
Miner awaits Privy Council decision
AdvertisementAdvertise with NZME.