Barrick seeks State papers

PORGERA gold mine operator Barrick Niugini Ltd (BNL) has asked the court to order the State to provide documents, including a copy of the National Executive Council’s (NEC) decision, when refusing its special mining lease (SML).
During the notice of motion by BNL, which was heard yesterday, its lawyer Derek Wood, of Ashusrt Lawyers, claimed that the request for the documents, which the State claimed to be privileged and confidential, were needed to assist the court.
BNL needed the State to provide all documents, information and draft copies of the NEC decision.
Wood said the judicial review would only proceed when the privileged documents were disclosed as it was the decision of the NEC which BNL was seeking to review.
Deputy Chief Justice Ambeng Kandakasi explained that he was unable to make a decision on one of the grounds of BNL’s leave application as there was a lack of privileged documents.
However, Justice Kandakasi informed BNL that it needed to provide the court with a provision or case law which allowed NEC to release such confidential documents or information.
“All NEC documents are labelled confidential and it is a privilege or right which belongs to the State,” he said.
The lawyer representing the NEC queried whether BNL was required by law to have access to the State’s privileged documents.
Solicitor-General Tauvasa Tanuvasa argued that it was proper for the court to abide by the Mining Act.
Tanuvasa claimed that there was nothing controversial in the decision as it was in the national interest for NEC to refuse the miner’s SML.
Wood further submitted that there was no evidence showing that the documents BNL was requesting, were privileged and confidential in nature.
Justice Kandakasi reserved the ruling on the application of discovery for a later date.