title: Royal Mines

authors: Barton, Barry

abstract: Cadia Holdings Pty Ltd v New South Wales [2010] HCA 27, 25 August 2010, comes hard on the heels of Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35 as another reconsideration of deeply-embedded law about mining and the use of the subsurface. The Cadia mines, near Orange, are on land owned by Cadia and its parent Newcrest. Neither the Crown grants nor the lands legislation of the time had reserved minerals to the Crown. But under the prerogative, as laid down in the Case of Mines (1568) 1 Plowden 310, 75 ER 472, mines of gold and silver belong to the Crown; and so do all ores or mines of copper, or other base metal, containing or bearing gold and silver. 
Cadia held mining leases under the Mining Act 1992 of New South Wales, which allows the Minister to grant mining leases over privately-owned minerals as well as public. But where in such cases the Minister receives royalties for privately owned minerals, he or she must pay seven-eighths to the owner. 
The problem is that many mineral deposits contain mixtures; silver-lead-zinc deposits are common, and so are copper-gold deposits. The Cadia mines are a copper-gold deposit. The two elements could not be mined separately, and could be separated only during processing. The State refused to pay the seven-eighths royalty collected on the copper, because the mines could not fairly be described as a copper mine. The Court of Appeal agreed.

text: Royal Mines Cadia Holdings Pty Ltd v New South Wales [2010] HCA 27, 25 August 2010, comes hard on the heels of Star Energy Weald Basin Ltd v Bocardo SA [2010] UKSC 35 as another reconsideration of deeply-embedded law about mining and the use of the subsurface. The Cadia mines, near Orange, are on land owned by Cadia and its parent Newcrest. Neither the Crown grants nor the lands legislation of the time had reserved minerals to the Crown. But under the prerogative, as laid down in the Case of Mines (1568) 1 Plowden 310, 75 ER 472, mines of gold and silver belong to the Crown; and so do all ores or mines of copper, or other base metal, containing or bearing gold and silver. 
Cadia held mining leases under the Mining Act 1992 of New South Wales, which allows the Minister to grant mining leases over privately-owned minerals as well as public. But where in such cases the Minister receives royalties for privately owned minerals, he or she must pay seven-eighths to the owner. 
The problem is that many mineral deposits contain mixtures; silver-lead-zinc deposits are common, and so are copper-gold deposits. The Cadia mines are a copper-gold deposit. The two elements could not be mined separately, and could be separated only during processing. The State refused to pay the seven-eighths royalty collected on the copper, because the mines could not fairly be described as a copper mine. The Court of Appeal agreed.

year: 2010

title: Counting ourselves: Findings from the 2022 Aotearoa New Zealand trans and non-binary health survey

authors: Yee, Ashe

abstract: Counting Ourselves is a comprehensive national survey of the health and wellbeing of trans and non-binary people aged 14 and older living in Aotearoa New Zealand. The survey takes place every four years.

We report findings from 2,631 trans and non-binary people who completed our second survey in 2022. This is more than double the 1,178 survey participants from our first survey in 2018 and gives us very strong data about a range of trans and non-binary people living in Aotearoa New Zealand.

The 2022 survey participants lived in all regions of Aotearoa New Zealand and ranged in age from 14 to 86. Most were either youth aged 14–24 (53%) or adults aged 25–54 (43%). Over half (56%) of participants were non-binary, with an equal mix of trans men (22%) and trans women (22%). Compared with the general population, the survey had a higher proportion of European participants (77%), a similar proportion of Māori (14%), and a lower proportion of Asian (7%) and Pasifika (2%) participants.

More than two out of five (42%) of our participants were disabled. This included people who identified as Deaf or disabled (29%) and/or who met the definition of disability used in Stats NZ’s population surveys (38%). This was higher than the Stats NZ measure of disability in the general population (10%).

Throughout the report we identify statistically significant differences between participants based on age, gender, ethnicity, location, or disability. In 2025, the Counting Ourselves team hopes to produce fact sheets, articles, and other resources looking at the key findings for Māori, Pasifika, Asian, and disabled trans and non-binary people.

In this report we use the term gender affirming healthcare to refer to any healthcare interventions that trans or non-binary people may require to affirm their gender. We also use the term unmet need to describe the percentage of all participants who wanted but had not had a type of gender affirming healthcare.

text: Counting ourselves: Findings from the 2022 Aotearoa New Zealand trans and non-binary health survey Counting Ourselves is a comprehensive national survey of the health and wellbeing of trans and non-binary people aged 14 and older living in Aotearoa New Zealand. The survey takes place every four years.

We report findings from 2,631 trans and non-binary people who completed our second survey in 2022. This is more than double the 1,178 survey participants from our first survey in 2018 and gives us very strong data about a range of trans and non-binary people living in Aotearoa New Zealand.

The 2022 survey participants lived in all regions of Aotearoa New Zealand and ranged in age from 14 to 86. Most were either youth aged 14–24 (53%) or adults aged 25–54 (43%). Over half (56%) of participants were non-binary, with an equal mix of trans men (22%) and trans women (22%). Compared with the general population, the survey had a higher proportion of European participants (77%), a similar proportion of Māori (14%), and a lower proportion of Asian (7%) and Pasifika (2%) participants.

More than two out of five (42%) of our participants were disabled. This included people who identified as Deaf or disabled (29%) and/or who met the definition of disability used in Stats NZ’s population surveys (38%). This was higher than the Stats NZ measure of disability in the general population (10%).

Throughout the report we identify statistically significant differences between participants based on age, gender, ethnicity, location, or disability. In 2025, the Counting Ourselves team hopes to produce fact sheets, articles, and other resources looking at the key findings for Māori, Pasifika, Asian, and disabled trans and non-binary people.

In this report we use the term gender affirming healthcare to refer to any healthcare interventions that trans or non-binary people may require to affirm their gender. We also use the term unmet need to describe the percentage of all participants who wanted but had not had a type of gender affirming healthcare.

year: 2025

title: Key informant views on biobanking and genomic research with Māori

authors: Hudson, Maui

abstract: The aim of the Te Mata Ira project was to explore Māori views on biobanking and genomic research, and to identify ways to address Māori concerns over the collection and use of human tissue. Key informant interviews and workshops were conducted with Māori to identify Māori views in relation to biobanking and genomic research; and, informed by these views, interviews and workshops were conducted with Māori and non-Māori key informants (Indigenous Advisory Panel (IAP) members and science communities) to explore key issues in relation to Māori participation in biobanking and genomic research. Māori key informants identified the following as key deliberations: (1) the tension for Māori between previous well-publicised negative experiences with genomic research and the potential value for whanau and communities as technologies develop, (2) protection of Māori rights and interest, (3) focus on Māori health priorities, (4) control of samples and data, (5) expectations of consultation and consent and (6) a desire for greater feedback and communication. Māori and non-Māori key informants highlighted the need to enhance levels of Māori participation in the governance of genomic research and biobanking initiatives, and acknowledged that only by increasing the level of transparency and accountability in relation to these activities will Māori communities feel that their whakapapa, rights and interests are being appropriately protected.

text: Key informant views on biobanking and genomic research with Māori The aim of the Te Mata Ira project was to explore Māori views on biobanking and genomic research, and to identify ways to address Māori concerns over the collection and use of human tissue. Key informant interviews and workshops were conducted with Māori to identify Māori views in relation to biobanking and genomic research; and, informed by these views, interviews and workshops were conducted with Māori and non-Māori key informants (Indigenous Advisory Panel (IAP) members and science communities) to explore key issues in relation to Māori participation in biobanking and genomic research. Māori key informants identified the following as key deliberations: (1) the tension for Māori between previous well-publicised negative experiences with genomic research and the potential value for whanau and communities as technologies develop, (2) protection of Māori rights and interest, (3) focus on Māori health priorities, (4) control of samples and data, (5) expectations of consultation and consent and (6) a desire for greater feedback and communication. Māori and non-Māori key informants highlighted the need to enhance levels of Māori participation in the governance of genomic research and biobanking initiatives, and acknowledged that only by increasing the level of transparency and accountability in relation to these activities will Māori communities feel that their whakapapa, rights and interests are being appropriately protected.

year: 2016