Crown Minerals Act 1991

  • not the latest version

Reprint as at 5 August 2013

Crown Minerals Act 1991

Public Act1991 No 70
Date of assent22 July 1991
Commencementsee section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.


Contents

Title [Repealed]

1 Title and commencement

1A Purpose

1B Provisions affecting application of Act

Part 1
Preliminary provisions

Interpretation and application

[Repealed]

2 Interpretation

2A Meaning of appropriate Minister

2B Meaning of Tier 1 permit and Tier 2 permit

2C Determination of permit tier status

2D Consequences of change in status of permit

3 Act to bind Crown

4 Treaty of Waitangi

Functions, powers, and duties of Minister and chief executive

5 Functions of Minister

6 Delegation of functions by Minister

7 Functions of chief executive

Duties and restrictions

8 Restrictions on prospecting or exploring for, or mining, Crown owned minerals

9 Other legal requirements not affected

Minerals owned by the Crown

10 Petroleum, gold, silver, and uranium

11 Minerals reserved to Crown

Minerals programmes

[Repealed]

12 Purpose of minerals programme [Repealed]

13 Application of minerals programmes

14 Contents of minerals programmes

15 Minister must prepare draft minerals programmes in certain situations

16 Changes to minerals programmes

17 Public notice

18 Submissions

19 Issue of minerals programmes

20 Notification of minerals programmes

21 Minister may defer consideration of application for permit

22 Minister and chief executive must act in accordance with minerals programmes

23 Purpose of permits

23A Application for permits

24 Allocation by public tender

25 Grant of permit

25A Record of permit

26 Priority of applications if more than 1 made and no minerals programme

27 Permit holder must have permit operator

28 Restriction on granting of prospecting permits

28A Declaration that permits not to be issued or extended for specified land for specified period

29 Minister may require survey to be done

Process for dealing with applications for permits

29A Process for considering application

29B Process for considering application under public tender for conditional exploration permit

Conditions of permits

30 Rights to prospect, explore, mine

31 Right of permit holder to minerals

32 Right of permit holder to subsequent permits

33 Permit holder responsibilities

33A Exercise of permit conditional on clearance from Health and Safety Regulator

33B Health and Safety Regulator to notify chief executive of breaches of legislation

33C Iwi engagement reports

33D Annual review meeting for holders of Tier 1 permits

34 Financial return to the Crown

35 Duration of permit

35A Appraisal extension of exploration permits

35B Conditions imposing relinquishment obligation: prospecting permits

35C Conditions imposing relinquishment obligation: exploration permits

36 Change to permit

37 Process for Minister's proposal to change work programme for petroleum mining permit

38 Determination by independent expert

39 Revocation or transfer of permit

40 Surrender of permit

41 Transfer of interest in permit

41A Change of control of permit participants

41B Dealings

41C Change of permit operator

41D General provisions relating to transfers, dealings, and changes of permit operator

42 Minister may require survey at any time

42A Authorisation of geophysical surveys on adjacent land

Work programmes in respect of subsequent permits

43 Work programmes to be approved by Minister

44 Duty of Minister withholding approval of work programme

45 Minister may direct that petroleum be refined and processed in New Zealand, etc

46 Unit development

Access to land

47 Permit does not give right of access to land

48 Cancellation of any Crown right of entry that is reserved by statute

Access to land for minimum impact activity

49 Entry on land for minimum impact activity

50 Entry on special classes of land for minimum impact activity

51 Entry on Maori land for minimum impact activity

52 Permit holder may obtain order

Access to land other than for minimum impact activity

53 Access to land for petroleum

54 Access to land for minerals other than petroleum

55 Restrictions on determination of access arrangements by arbitrators

56 Provisions relating to access arrangements

57 Meaning of entry on land

58 Disputes as to classification of land and activities

59 Notice of request for grant of right of access

60 Grant of right of access by access arrangement

61 Access arrangements in respect of Crown land and land in common marine and coastal area

61A Access to Crown land where mineral not property of the Crown

61B Access arrangements in respect of Crown land where mineral not property of the Crown

61C Public notification of certain access arrangements

62 Prohibition of access in respect of Crown land

63 Request for appointment of arbitrator

64 Appointment of arbitrator in default of agreement

65 Fixing time and place for conducting hearing

66 Declaration by Order in Council that access arrangement may be determined by arbitrator

67 Right of appearance

68 Conciliation

69 Procedure

70 Determination of access arrangement, etc

71 Effect of access arrangement, etc

72 Variation of access arrangements

73 Costs

74 Withdrawal from arbitration

75 Liability

76 Compensation for owners and occupiers

77 Compliance with access conditions

78 Absentee or unknown owner of land

79 Absentee or unknown owner of minerals

80 Access arrangements in respect of Maori land

Notation on land titles

81 Lodging and notation of permits [Repealed]

82 Lodging of certificates of extension [Repealed]

83 Notation of access rights on land titles

84 Entry of permit and access particulars acts as notice only

85 Land Transfer Act 1952 not to limit or affect rights under permits or rights of access

86 Notation of mineral ownership on land titles

87 Certified copies of documents to be evidence

88 Recorded documents to be open for search

89 Revision of records

Registers, records, and use of information

90 Permit holder records and reports

90A Disclosure of information

90B Disclosure and publication of mineral resources and mineral production information

90C Provisions relating to speculative prospectors

90D Treatment of speculative prospecting information purchased or licensed by permit holder

90E Providing information to regulatory agencies

90F Conditions that may be imposed on providing information or documents under section 90E

90G Regulatory agency may provide information for purposes of this Act

91 Chief executive to keep registers

91A Correction of errors or omissions

Miscellaneous provisions

92 Permits are not real or personal property

92A Effect of liquidation or loss of registration of company

93 Access arrangement does not confer interest

94 Officers not to have personal interest

95 Address for service

96 Service of documents, etc

97 Application of monetary deposits

97A Chief executive may prescribe form of certain documents

98 Gold fossicking areas (Crown land)

98A Gold fossicking areas (other land)

99 Arbitration

Provisions relating to enforcement officers, auditing, and requiring information

99A Appointment of enforcement officers

99B Powers of enforcement officers

99C Application for warrant for entry to search

99D Application of Part 4 of Search and Surveillance Act 2012

99E Auditing

99F Power to require information

99G Protection of persons acting under authority of this Act

Royalties and interest

99H Royalties

99I Power to amend royalty returns or make default assessment

99J Interest on unpaid money

99K Right to object to amendment or default assessment

99L Right of appeal

99M Status of original amendment or default assessment

Offences and legal proceedings

100 Offences

101 Penalties

101A Interpretation

101B Interfering with structure or operation in offshore area

101C Powers of enforcement officers

102 Liability of principal for acts of agents

103 Strict liability

104 Recovery of fees and other money

Regulations

105 Regulations

105A Regulations relating to royalties

105B Regulations not invalid for certain matters

105C Regulations may incorporate material by reference

105D Requirement to consult on proposal to incorporate material by reference

Part 2
Savings and transitional provisions

106 Savings and transitional provisions

Schedule 1
Savings and transitional provisions

Schedule 2
Regulations revoked

Schedule 3
Enactments amended

Schedule 4
Land to which access restrictions apply

Schedule 5
Thresholds for Tier 1 and Tier 2 activities

Reprint notes


Title [Repealed]

  • Title: repealed, on 24 May 2013, by section 4 of the Crown Minerals Amendment Act 2013 (2013 No 14).