The issue came up during a sometimes tense sitting of the parliamentary environment select committee yesterday, just as Forest and Bird added its voice to calls for an immediate halt to new mines on public conservation land.
Forest and Bird said this would give Labour the breathing room it said it needs to get the policy ducks in a row, including how Ngai Tahu would access pounamu, which is a Treaty right.
DOC deputy director-general Ruth Isaac, flanked by two officials, told MPs there were 508 permits already in place which overlapped with conservation land.
Officials noted most of those permits were for prospecting.
Under questioning from Green MP Eugenie Sage and Labour MP Stuart Nash, the department was asked what legislation prevented a moratorium.
Mr Nash asked why they could not put one in place heading into the general election, to be held on October 14 this year.
Ms Isaac said there was no mechanism available without changing the law, and therefore the regime.
She said there was the risk of judicial review.
Ms Sage told DOC to get legal advice on what exactly the barrier to a moratorium was and report back to the select committee.
The Ministry of Business Innovation and Employment was next to front the committee, and was also told to get legal advice.
Sam Harrison said the Crown Minerals Act promoted mining, though that was going through a process to change the word "promote" to "manage".
That may not be enough to allow a moratorium, he said.
An impediment to the suggested moratorium was section 28A. MBIE officials were also told to come with legal advice.
The select committee also considered a petition from Coromandel Watchdog of Hauraki seeking a moratorium on applications for prospecting, exploration, or mining permits on or under all conservation land.
