​Council Clarifies Process Following Mining Access Discussions

In a public-excluded session on 24 September 2025, Central Otago District Council (CODC) considered an agenda item related to access negotiations with Santana Minerals Ltd (SML) and Matakanui Gold Ltd (MGL).

Under the Crown Minerals Act, mining companies are required to negotiate access agreements with every landowner where mining activity is proposed. In this case, CODC is the landowner of Thomsons Gorge Road and the paper road known as Shepherds Creek Track (which was partially formed back in 1900) and is the controlling authority for all land within 20 metres of these two roads. This means SML/MGL must negotiate with CODC if they wish to utilise council-owned or council-controlled land for mining purposes.

Council Chief Executive Peter Kelly said the Council’s role in today’s discussion was as a landowner, not as a regulator.

“The Crown Minerals Act sets out the process that mining companies must follow when access to land is required. Our involvement is limited to landowner responsibilities. Any statutory obligations under other legislation, (including the Resource Management Act, Public Works Act, or Local Government Act) remain entirely separate and unaffected by any potential access agreement.”

Mr Kelly explained that, in accordance with section 48 of the Local Government Official Information and Meetings Act 1987, the meeting was held in public-excluded session to facilitate commercial and industrial negotiations, with Council acting in its capacity as the landowner.

“The fact that Council is required to negotiate an access agreement does not in any way predetermine or affect our regulatory decision-making responsibilities,” Mr Kelly said.

“If any proposal involves stopping a road, this would be subject to a separate statutory process under the Public Works Act, or, where relevant, the Local Government Act 1974. That process would be considered independently, on its own merits and kept separate from any Crown Minerals Act access negotiations.”

The Crown Minerals Act access agreement process remains entirely separate from the Government’s fast-track consenting pathway and the ongoing Regional Deals negotiations, ensuring that any landowner negotiations do not influence statutory decision-making.