A judgement at the Court of Appeal has revoked a licence granted to OceanaGold for the construction of mining ventilation shafts in the Warekirauponga Forest, ruling it unlawful.
Mining company OceanaGold holds a permit for subterranean exploration and mining activities at the Wharekirauponga orebody. The company has plans to access the orebody via an underground access tunnel on company-owned land. However, the company is not able to avoid above-ground structures altogether, as ventilation shafts are needed for safety. The forest is administered by the Department of Conservation, which would require OceanaGold to negotiate a separate access arrangement with the Minister of Conservation for any above-ground structures. However, there is also a paper (unformed) road through the forest, which is owned by the Hauraki District Council (HDC).
In 2021, HDC granted OceanaGold a 40-year licence to occupy the paper road, allowing it to construct up to four ventilation shafts, with a footprint of up to 150 square metres, and protruding around eight metres above the ground. Environmental interest group Ours Not Mines Ltd opposed the licence, saying HDC did not have the power to grant it. The case was heard at the High Court in 2024 and found in the council’s favour.
However, Ours Not Mines Ltd appealed the decision, and the licence was ruled unlawful on April 21. The judgement stated council-owned roads, whether formed or unformed, were held on trust to facilitate the public right to pass over the road. “Accordingly, the council may only grant a licence over a road if the licenced activities or structures will not ‘appreciably’ interfere with the public’s right of passage. To do otherwise would be to authorise a public nuisance, which is beyond the scope of the council’s common law powers as landowner,” the judgement summary read.
“The final structures will be approximately 10 metres wide, taking up roughly one third of the road’s width… [and] the land within the licensed areas is rendered unavailable for any other use, including public passage, for decades.”
The judgement was applauded by the Coromandel Watchdog of Hauraki Group.
“[This decision] is great news for the public as it means paper roads cannot be used for industrial purposes and remain for the benefit of the public. It also highlights the weaknesses in the Fast Track laws which prevented the public from being heard on the wider mining issue and allowed no cross examination of the evidence about the impacts of mining.”
OceanaGold’s senior vice president for legal and public affairs Alison Paul said the judgement was “disappointing”.
“While we are surprised by this decision, it is important to understand that it in no way affects the Fast-track approval of the Waihi North Project which we received in December 2025 or the company’s plans.”
Meanwhile, HDC chief executive David Speirs said the council accepted the Court’s finding.
“Wharekirauponga is part of the Coromandel Forest Park and we understand why people value this area. The Court confirmed that councils hold the power to grant licences over roads they own. In this case, the decision came down to the scale and length of this particular licence. We will consider the implications carefully.”
