🗄 Mining Privileges for Water Rights and Land for Central Otago Irrigation and Power Schemes Nos. 1 to 309 Series

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Archives New Zealand Dunedin Regional Office Warden's Courts archives have records relating to mining privileges, in particular water race licenses, as well as files on all the irrigation schemes (Series 9001 15/- subseries).

The dates of holdings relates to dates of documents, some of which are photocopies.

There are some gaps in the sequence.

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The documents in this series (numbered 1 to 309) were original and copies of mining privileges - such as licenses for water races, branch races, tail races, dams, and special sites. This series also included deeds of agreement, assignments, covenants and leases.

Some were issued by the Warden's Court under various mining acts, originally for gold mining purposes, but in the 20th century water race licenses were issued for irrigation schemes to allow the taking of water and they gave rights to occupy land to construct and maintain races or dams. Dry races, branch (or extension) races and tail races did not allow for taking water, but gave rights over land.

Mining privileges were also acquired by the Crown from land owners or gold miners for the supply of water to the government owned irrigation schemes, or for later development of those irrigation schemes. The rights to take water were not surrendered and many Crown-owned mining privileges remained current because Crown-owned ones did not expire. In 1968, the allocation of water and other water related activities became the responsibility of Regional Water Boards, established under the Water and Soil Conservation Act 1967 (WASCA). The Water and Soil Conservation Amendment Act 1971 (WASCAA) replaced the provisions relating to water and its use in the Mining Act 1926. Those activities that had been notified under WASCAA did not expire.

The Irrigation Schemes Act 1990 authorised the privatisation of irrigation schemes and the transfer of assets and rights over land and water to the new scheme owners. The mining privileges were listed in the schedules to the Sale and Purchase Agreements.  The transfer provisions of the Irrigation Schemes Act allowed the transfer of rights without recourse to the WASCA or Resource Management Act 1991. This resulted in the Otago Regional Council records showing the Crown as holders of irrigation scheme water rights, consents and mining privileges that had been disposed of under the Irrigation Schemes Act.  There were also Public Works Act rights. There were also some non-irrigation schemes crown-owned mining privileges for irrigation schemes and other public works that were still current. Because of the inaccurate Otago Regional Council records, the Crown-owned ones were included in regional water planning and allocations.

In 2007, MAF Policy, Dunedin undertook a process to identify and summarise for each irrigation scheme:

  • the Crown-owned mining privileges that were still current and held by the Crown, but were exercised by the Irrigation Scheme company, individuals or government departments (the original of the mining privilege was forwarded to the owner and a photocopy was retained)
  • the privileges which had lapsed, were invalid or were not exercised and could be surrendered

Similarly, there were non-irrigation scheme Crown-owned mining privileges which had lapsed and licenses conferring rights over land which were not required by the irrigation scheme.

The licenses and other assets which were still current were disposed of to the respective irrigation scheme owners, individuals, organisations or Government Departments. Those that were no longer current or had lapsed were deleted from the Otago Regional Council's records and the certificate of title records.

Assets relating to land were discharged from Certificate of Title and were documented in Series 22825 - Public Works Act Releases and Discharges for Otago and Canterbury Irrigation and Power Schemes.

The recommendations for the disposition of the mining privileges were documented in the OPUS International Consultants Ltd Report: Crown Owned Mining Privileges in Otago Recommended Actions for the Ministry of Agriculture and Forestry, June 2007 [Archives Reference: DAIG/D588/5f].

However, records of current mining privileges and rights for water granted under the Water and Soil Conservation Act 1967, when the Resource Management Act (RMA) 1991 was introduced, were still held, in 2015, by the Otago Regional Council. Those mining privileges were called 'deemed permits', under the Resource Management Act 1991. They will expire in 2021. Those mining privileges were scheduled to be transferred to Archives New Zealand, Dunedin Regional Office some time after 2021.

The Indexes in Series 22902 provided access to the mining privileges and other legal instruments. The indexes should be used along with the report: Crown Owned Mining Privileges in Otago - Recommended Actions for Ministry of Agriculture and Forestry - Prepared by Sue Scott and Mike Kelly - Opus International Consultants Ltd, Alexandra Office, 2007 to access these legal instruments.

Series 22921 and 23964 gave access to other legal instruments related to irrigation schemes. They included mining privileges, deeds of agreement and assignments. Series 23964 held the deeds relating to the Maniototo and Maerewhenua Irrigation Schemes.

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22901

1935 ‑ 2007

This series contained original and photocopies of primarily mining privileges for water rights for Central Otago irrigation schemes owned by the Crown (held by MAF Policy, Invermay and originally acquired by the Public Works Department, Dunedin, later Ministry of Works and Development, Dunedin and its sucessors). MAF Policy Dunedin was responsible for collating the privileges as part of the process to privatize irrigation schemes under the Irrigation Schemes Act 1990. Further work was done in 2007 to audit the mining privileges still held by the Crown. The audit showed which privileges were still current, and those that had lapsed and could be surrendered. The process also allowed the accuracy of the Otago Regional Council's water records to be audited also. They included licenses for: Water Races, Dams, Tail Races, Dry Races and special sites, as well as deeds of assignment, agreements, covenants, etc. between the Crown and owners, licensees or leasees.

Dunedin repository

Archives New Zealand Dunedin Regional Office Warden's Courts archives have records relating to mining privileges, in particular water race licenses, as well as files on all the irrigation schemes (Series 9001 15/- subseries).

The dates of holdings relates to dates of documents, some of which are photocopies.

There are some gaps in the sequence.


Numerical

Legal Files
Loose Papers

No restrictions (No special conditions apply)


Show History

The documents in this series (numbered 1 to 309) were original and copies of mining privileges - such as licenses for water races, branch races, tail races, dams, and special sites. This series also included deeds of agreement, assignments, covenants and leases.

Some were issued by the Warden's Court under various mining acts, originally for gold mining purposes, but in the 20th century water race licenses were issued for irrigation schemes to allow the taking of water and they gave rights to occupy land to construct and maintain races or dams. Dry races, branch (or extension) races and tail races did not allow for taking water, but gave rights over land.

Mining privileges were also acquired by the Crown from land owners or gold miners for the supply of water to the government owned irrigation schemes, or for later development of those irrigation schemes. The rights to take water were not surrendered and many Crown-owned mining privileges remained current because Crown-owned ones did not expire. In 1968, the allocation of water and other water related activities became the responsibility of Regional Water Boards, established under the Water and Soil Conservation Act 1967 (WASCA). The Water and Soil Conservation Amendment Act 1971 (WASCAA) replaced the provisions relating to water and its use in the Mining Act 1926. Those activities that had been notified under WASCAA did not expire.

The Irrigation Schemes Act 1990 authorised the privatisation of irrigation schemes and the transfer of assets and rights over land and water to the new scheme owners. The mining privileges were listed in the schedules to the Sale and Purchase Agreements.  The transfer provisions of the Irrigation Schemes Act allowed the transfer of rights without recourse to the WASCA or Resource Management Act 1991. This resulted in the Otago Regional Council records showing the Crown as holders of irrigation scheme water rights, consents and mining privileges that had been disposed of under the Irrigation Schemes Act.  There were also Public Works Act rights. There were also some non-irrigation schemes crown-owned mining privileges for irrigation schemes and other public works that were still current. Because of the inaccurate Otago Regional Council records, the Crown-owned ones were included in regional water planning and allocations.

In 2007, MAF Policy, Dunedin undertook a process to identify and summarise for each irrigation scheme:

  • the Crown-owned mining privileges that were still current and held by the Crown, but were exercised by the Irrigation Scheme company, individuals or government departments (the original of the mining privilege was forwarded to the owner and a photocopy was retained)
  • the privileges which had lapsed, were invalid or were not exercised and could be surrendered

Similarly, there were non-irrigation scheme Crown-owned mining privileges which had lapsed and licenses conferring rights over land which were not required by the irrigation scheme.

The licenses and other assets which were still current were disposed of to the respective irrigation scheme owners, individuals, organisations or Government Departments. Those that were no longer current or had lapsed were deleted from the Otago Regional Council's records and the certificate of title records.

Assets relating to land were discharged from Certificate of Title and were documented in Series 22825 - Public Works Act Releases and Discharges for Otago and Canterbury Irrigation and Power Schemes.

The recommendations for the disposition of the mining privileges were documented in the OPUS International Consultants Ltd Report: Crown Owned Mining Privileges in Otago Recommended Actions for the Ministry of Agriculture and Forestry, June 2007 [Archives Reference: DAIG/D588/5f].

However, records of current mining privileges and rights for water granted under the Water and Soil Conservation Act 1967, when the Resource Management Act (RMA) 1991 was introduced, were still held, in 2015, by the Otago Regional Council. Those mining privileges were called 'deemed permits', under the Resource Management Act 1991. They will expire in 2021. Those mining privileges were scheduled to be transferred to Archives New Zealand, Dunedin Regional Office some time after 2021.

The Indexes in Series 22902 provided access to the mining privileges and other legal instruments. The indexes should be used along with the report: Crown Owned Mining Privileges in Otago - Recommended Actions for Ministry of Agriculture and Forestry - Prepared by Sue Scott and Mike Kelly - Opus International Consultants Ltd, Alexandra Office, 2007 to access these legal instruments.

Series 22921 and 23964 gave access to other legal instruments related to irrigation schemes. They included mining privileges, deeds of agreement and assignments. Series 23964 held the deeds relating to the Maniototo and Maerewhenua Irrigation Schemes.


Original folded legal files, with some photocopies of original documents.

🌀 Archives NZ / CC BY


2 results in Mining Privileges for Water Rights and Land for Central Otago Irrigation and Power Schemes Nos. 1 to 309 Series

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1898 ‑ 2007



Dunedin repository

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1898 ‑ 2007Dunedin
1898 ‑ 2007 Dunedin
🌀 R23401722 R23401722
Original and Copies of Mining Privileges for Central Otago Irrigation Scheme held by the Crown Nos. 171-309 [Licenses for Water Races, Dams, Tail Races, Dry Races as well as Assignments, Agreements, Covenants, Transfers, Leases, etc. ]

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Item


1898 ‑ 2007



Dunedin repository

Physical

Open

Text

19



1898 ‑ 2007Dunedin
1898 ‑ 2007 Dunedin

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