Mining Licences - Instruments for Resource Management?

Sufficient time has elapsed since the enactment of the amendments to the mining legislation in 1981 to enable an examination to be made of the way in which the licensing system operates in practice. One of the most important decisions in resource management in New Zealand is whether or not rights of access to the resource should be conferred by the Crown upon an appropriate private sector participant. The licensing system is the means for allocating these rights of access. The manner in which the licensing system is administered, therefore, is crucial to natural resource management in New Zealand. What is the mining licensing system in New Zealand designed to achieve? This simple question admits of no easy answer. Is it the identification and development of the mineral resources of New Zealand? Are these objectives tempered by issues of resource conservation and environmental protection? Is a balance to be achieved among these competing factors? Does the legislation contain any priorities? Does the system respond in an ad hoc manner to particular facts and circumstances or does it operate within a more predictable framework? To what extent are decisions made on access to minerals with reference to the development or conservation of other resources? These questions may be summarised in the title to this paper which poses the question whether mining licences are instruments for resource management.