Jinkinson v Oceana Gold (NZ) Ltd
Jinkinson v Oceana Gold (NZ) Ltd refers to a New Zealand legal case heard in the Environment Court and the High Court concerning the activities of Oceana Gold (NZ) Ltd, a gold mining company, and the impact of their operations on the environment and local communities. The case typically involves challenges to resource consents granted to Oceana Gold, focusing on aspects like:
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Environmental Impact Assessment: Scrutiny of the adequacy of environmental impact assessments (EIAs) conducted prior to the approval of mining activities. This includes consideration of potential impacts on water quality, air quality, biodiversity, and the visual landscape.
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Community Consultation: Examination of the extent and effectiveness of consultations undertaken with local communities, including Māori iwi, potentially affected by mining operations. This often involves assessing whether community concerns have been adequately addressed in consent conditions.
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Sustainable Management: Assessment of whether the mining activities are consistent with the principles of sustainable management, as outlined in the Resource Management Act 1991 (RMA). This includes balancing economic benefits with environmental and social considerations.
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Consent Conditions: Challenges to the specific conditions attached to resource consents, arguing that they are insufficient to mitigate the potential adverse effects of mining activities. This may involve proposing stricter or more comprehensive conditions.
The specific details and outcomes of Jinkinson v Oceana Gold (NZ) Ltd cases vary depending on the particular mining project in question and the specific legal arguments presented. However, they generally highlight the tension between economic development and environmental protection in the context of resource extraction in New Zealand. These cases are significant as they contribute to the ongoing development of environmental law and policy related to mining in New Zealand and set precedents for future resource consent applications. The litigation often attracts significant public and media attention due to the contentious nature of gold mining and its potential environmental consequences.