Notice Type
Departmental
Reversal of Forfeiture of Mining Privilege Pursuant to section 119 (3) of the Mining Act 1971, I hereby give notice of the particulars of the High Court's decision to reverse the Minister of Energy's decision to declare mining licence 32 2669, held by Aorere Mining Limited, forfeited. The particulars of the High Court's decision are as follows. The High Court has granted orders: 1. That the appeal against the forfeiture of mining licence 32 2669 be allowed. 2. That the decision to declare forfeit mining licence number 32 2669 be reversed. 3. Requiring the Minister of Energy, on receiving notification of the Court's decision, to cause a notice to be published in the New Zealand Gazette showing the particulars of the Court's decision. 4. Requiring the Secretary of Commerce, as soon as practicable after the notice has been gazetted, to lodge a copy of that notice with the District Land Registrar for the Land Registry of Otago. 5. Requiring the Minister of Energy to pay the appellant's costs of $3,240.36. Upon the grounds: 1. That the Minister failed to cause to be served on the appellant, as the holder of mining licence 32 2669, a notice that complied with section 118 (2) of the Mining Act 1971, prior to declaring the licence to be forfeited, as is required by section 118 (2) of the Mining Act 1971. 2. That the declaration of forfeiture of mining licence 32 2669 made under section 118 (1) of the Mining Act 1971 and published in the New Zealand Gazette on 13 January 1994, was therefore invalid. 3. That, unless the holder of any mining privilege that has been declared to be forfeited successfully appeals against forfeiture, pursuant to section 119 of the Mining Act 1971, by virtue of section 118 (4) of that Act, every right, title and interest held under a mining privilege absolutely ceases and is determined by operation of law on the date of publication in the New Zealand Gazette of the declaration of forfeiture. 4. The parties consent to the orders sought. 5. Issues of costs and disbursements have been agreed between the parties. 6. Appearing in the affidavit of Cecilia Johanna Elizabeth Lotter filed with the Court. Dated at Wellington this 28th day of March 1995. DOUG KIDD, Minister of Energy.15/1CL
Publication Date
13 Apr 1995

Notice Number

1995-go2363

Page Number

962