Court allows Barrick to access documents

THE Supreme Court has quashed a decision of the National Court which dismissed an application by Barrick Niugini Ltd (BNL) for a discovery of documents.
It granted reliefs BNL had sought in its application.
The three-man bench comprising Justice David Cannings, Justice Ellenas Batari and Justice Nicholas Kirriwom ruled that deputy chief justice Ambeng Kandakasi had erred in law when he misinterpreted s.163 of mining Act by reading it literally and out of context.
Justice Kandakasi had ruled that s.86 (4) of the constitution, and s.163 of the Mining Act had prohibited the discovery of the documents BNL was seeking.
Justice Batari on behalf of the bench said Justice Kandakasi refused BNL’s application for discovery without considering it on its merit.
The court has now granted BNL access to documents which the State claimed to be confidential.
It ordered the state to provide the documents within seven days.
BNL has now been granted the right to have access to:

• THE report in writing made by the Registrar of Tenements to the Mining Advisory Council (MAC);
• EACH report provided to the MAC;
• WRITTEN reports prepared by the warden;
• RECOMMENDATIONS made by MAC; and,
• SUBMISSIONS to Cabinet and any advice provided to the governor-general in respect of the extension application.