Reprint as at 4 October 2013
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.
Title [Repealed]
1 Title and commencement
1A Purpose
1B Provisions affecting application of Act
Part 1Preliminary 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[Repealed]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
12 Purpose of minerals programme [Repealed]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 2Savings and transitional provisions
106 Savings and transitional provisions
Schedule 1Savings and transitional provisions
Schedule 2Regulations revoked
Schedule 3Enactments amended
Schedule 4Land to which access restrictions apply
Schedule 5Thresholds for Tier 1 and Tier 2 activities
Reprint notes
Title: repealed, on 24 May 2013, by section 4 of the Crown Minerals Amendment Act 2013 (2013 No 14).