This Act is administered in the Ministry of Commerce
Title
1 Short Title and commencement
Part 1Crown owned minerals
Interpretation and application
2 Interpretation
3 Act to bind Crown
4 Treaty of Waitangi
Functions, powers, and duties of Minister
5 Functions of Minister of Energy
6 Delegation of functions by Minister of Energy
7 Appointment of enforcement officers
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
12 Purpose of minerals programme
13 Minister's obligation to provide minerals programme
14 Preparation of draft minerals programme
15 Contents of minerals programme
16 Public notice
17 Submissions
18 Governor-General may issue minerals programme
19 Notification of approved programme
20 Review of minerals programme
21 Matters to be considered
Permits
22 Exercise of Minister's functions and powers
23 Application for permits
24 Allocation by public tender
25 Grant of permit
25A Record of permit
26 Priority of applications if more than one made and no minerals programme
27 Provisions relating to granting of permit
28 Restriction on granting of prospecting permits
29 Minister may require survey to be done
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 to comply with permit and this Act
34 Financial return to the Crown
35 Duration of permit
36 Change to permit
37 Extension of duration of exploration permit
38 Applicant to have substantially complied with permit
39 Revocation of permit
40 Surrender of permit
41 Transfers and other dealings with permits
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
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
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 and records
90 Reports to Secretary
90A Disclosure of petroleum reserves and production information to Secretary and publication by Secretary
91 Secretary to keep registers
91A Correction of errors or omissions
Miscellaneous provisions
92 Permits are not real or personal property
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
98 Gold fossicking areas
99 Arbitration
Offences and legal proceedings
100 Offences
101 Penalties
102 Liability of principal for acts of agents
103 Strict liability
104 Recovery of fees and other money
Regulations
105 Regulations
Part 2Transitional provisions relating to minerals
106 Interpretation
Existing privileges
107 Existing privileges to continue
108 Administration of existing privileges
109 Bonds and monetary deposits
110 Fees payable by holders of existing privileges
110A Data lodgement requirements in respect of petroleum licences
110B Extension of term of petroleum prospecting licences
111 Right to new permits
111A No application under section 103D of Mining Act 1971 for extension of duration of mining privilege
Existing applications
112 Existing applications under Mining Act 1971
113 Existing applications under Coal Mines Act 1979
114 Existing applications under Petroleum Act 1937
114A Priority of existing applications under Mining Act 1971, Coal Mines Act 1979, and Petroleum Act 1937
Transitional arrangements regarding access to land
115 Existing agreements regarding land access not affected
116 Notices under section 24 of Mining Act 1971
117 Minister's obligations in respect of minerals programmes
118 Granting of petroleum permits before minerals programme issued
119 Restriction on granting of permits
119A No compensation
120 Repeals and revocations
121 Consequential amendments
122 Savings as to compensation claims
123 Savings as to Court proceedings
Schedule 1Enactments repealed
[Repealed]
Schedule 2Regulations revoked
Schedule 3Enactments amended
Schedule 4Description of Crown land to which section 61(1a) applies
An Act to restate and reform the law relating to the management of Crown owned minerals
BE IT ENACTED by the Parliament of New Zealand as follows: