Crown Minerals Act 1991

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment

Warning: Some amendments have not yet been incorporated

Search within this Act

Version as at 12 April 2022

Crown Minerals Act 1991

Public Act		1991 No 70
Date of assent		22 July 1991
Commencement		see section 1(2)

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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	Title [Repealed]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 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	Interpretation and application [Repealed]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	Minerals programmes [Repealed]
12	Purpose of minerals programme [Repealed]
	Part 1A Minerals programmes
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
	Part 1B Permits, access to land, and other matters
	Subpart 1—Permits, access to land, and title notations
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 authorisation
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
	Changes to 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
41AA	Meaning of change of control of permit participant or guarantor
41AB	Change of control of permit operator of Tier 1 permit
41AC	Application for consent for change of control
41AD	Minister may require information or documents to be supplied
41AE	When Minister may consent to change of control of permit operator
41AF	Revocation of permit if change of control made without consent
41A	Change of control of permit participants (other than operators of Tier 1 permits)
41B	Dealings
41C	Change of permit operator
41D	General provisions relating to transfers, dealings, and changes of permit operator
	Surveys
42	Minister may require survey at any time
42A	Authorisation of geophysical surveys on adjacent land
	Field development plans in respect of petroleum mining permits and licences
42B	Field development plans to be submitted to chief executive
	Notice of expected cessation and notice of cessation of petroleum fields
42C	Notice of expected cessation and notice of cessation
	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
50A	Restricted access to Taranaki conservation land
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
54A	Access to Schedule 4 land in common marine and coastal area
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 2017 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 [Repealed]
89	Revision of records
	Subpart 2—Decommissioning of petroleum infrastructure and wells
89A	Application of this subpart
89B	Relationship between this subpart and other enactments
89C	Relationship between sections 42B and 42C, this subpart, and existing conditions of permits and licences
89D	Interpretation
89E	Decommissioning
89F	Petroleum infrastructure
89G	Conditions relating to decommissioning
89H	Meaning of relevant older petroleum infrastructure
89I	Meaning of relevant older well
	Decommissioning obligations for petroleum infrastructure
89J	Obligations of permit holders, transferors, and transferees: decommissioning of petroleum infrastructure
89K	Obligations of licence holders, transferors, and transferees: decommissioning of petroleum infrastructure
89L	Further obligations on transferors and transferees and Minister
89M	Extent of liability of former permit and licence holders under sections 89J(2) and 89K(2)
89N	When decommissioning obligations of persons under section 89J, 89K, or 89L arise
89O	Criteria for agreeing or setting time frames for decommissioning
89P	Joint and several liability
	Plugging and abandonment of wells
89Q	What is plugging and abandonment of well
	Decommissioning obligations in relation to wells
89R	Obligations of permit holders, transferors, and transferees: decommissioning of wells
89S	Obligations of licence holders, transferors, and transferees: decommissioning of wells
89T	Further obligations on transferors and transferees and Minister
89U	Extent of liability of former permit and licence holders under sections 89R and 89S
89V	When decommissioning obligations of permit holders, licence holders, and other persons under section 89R, 89S, or 89T arise
89W	Criteria for agreeing or setting time frames for decommissioning of wells
89X	Joint and several liability
	Exemptions and deferrals
89Y	Exemption and deferral powers of Minister
89Z	Criteria for granting exemption
89ZA	Criteria for grant of deferral
	Reporting requirements
89ZB	Subpart 2 decommissioning plan
89ZC	Decommissioning cost estimate
89ZD	Asset registers to be submitted to chief executive
89ZE	Decommissioning completion report
	Ongoing monitoring of financial position
89ZF	Permit and licence holders must provide information needed to monitor financial position
	Financial capability assessments
89ZG	Minister may assess financial capability to meet decommissioning obligations
89ZH	Criteria for considering whether to carry out financial capability assessment
89ZI	Process for carrying out financial capability assessment
89ZJ	Minister must notify outcome of financial capability assessment
89ZK	Relevant persons must provide supporting information
	Financial securities
89ZL	Permit and licence holders must hold 1 or more financial securities
89ZM	Matters to which Minister must have regard in setting kind and amount of security
89ZN	Decision of Minister
89ZO	Alteration of amount secured or kind of security required
89ZP	Minister must notify required changes in kind of security or amount secured
89ZQ	Permit holder or licence holder may object to kind of security or amount set or required change to those matters
89ZR	What happens if permit holder or licence holder makes objection
	Subpart 4—Enforcement, remedies, and appeals
89ZZC	Application of this subpart
89ZZD	Chief executive or enforcement officer may accept enforceable undertakings
89ZZE	Notice of decision and reasons for decision
89ZZF	When enforceable undertaking is enforceable
89ZZG	Compliance with enforceable undertaking
89ZZH	Contravention of enforceable undertaking
89ZZI	Withdrawal or variation of enforceable undertaking
89ZZJ	Proceedings for alleged contravention
	Compliance notices
89ZZK	Power to issue compliance notices
89ZZL	Content of compliance notices
89ZZM	Compliance with compliance notice
89ZZN	Extension of time for compliance with compliance notices
	General provisions
89ZZO	General provisions relating to compliance notices
89ZZP	Changes to notice by chief executive or enforcement officer
89ZZQ	Chief executive or enforcement officer may vary or cancel compliance notice
89ZZR	Formal irregularities or defects in compliance notice
89ZZS	Issue of compliance notice
	Civil proceedings for non-compliance with compliance notices
89ZZT	Civil proceedings relating to non-compliance with compliance notice
	Pecuniary penalties
89ZZU	Reasonable mistake defence in pecuniary penalty proceedings
89ZZV	Pecuniary penalties
89ZZW	Proceedings for pecuniary penalties
	Criminal liability for knowingly failing to carry out certain obligations
89ZZX	Criminal liability for knowingly failing to carry out certain obligations
89ZZY	Defence to criminal liability for directors
	Relationship between pecuniary penalties and criminal liability
89ZZZ	Relationship between pecuniary penalties and criminal liability
	Restrictions on indemnities and insurance
89ZZZA	Restriction on indemnities
89ZZZB	Restriction on insurance
	Subpart 5—Crown liability
89ZZZC	Effects of subparts 2 and 3 on Crown liability
	Subpart 6—Offences and miscellaneous
	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
104A	Interpretation
104B	Infringement offences
104C	Who may issue infringement notices
104D	When infringement notice may be issued
104E	Revocation of infringement notice before payment made
104F	What infringement notice must contain
104G	How infringement notice may be issued to person
104H	Payment of infringement fees
104I	Reminder notices
104J	Regulations
104K	Relationship between infringement offences and other offences
	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
	Existing privileges [Repealed]
107	Existing privileges to continue [Repealed]
108	Administration of existing privileges [Repealed]
109	Bonds and monetary deposits [Repealed]
110	Fees payable by holders of existing privileges [Repealed]
110A	Data lodgement requirements in respect of petroleum licences [Repealed]
110B	Extension of term of petroleum prospecting licences [Repealed]
111	Right to new permits [Repealed]
111A	No application under section 103D of Mining Act 1971 for extension of duration of mining privilege [Repealed]
	Existing applications [Repealed]
112	Existing applications under Mining Act 1971 [Repealed]
113	Existing applications under Coal Mines Act 1979 [Repealed]
114	Existing applications under Petroleum Act 1937 [Repealed]
114A	Priority of existing applications under Mining Act 1971, Coal Mines Act 1979, and Petroleum Act 1937 [Repealed]
	Transitional arrangements regarding access to land [Repealed]
115	Existing agreements regarding land access not affected [Repealed]
	Miscellaneous provisions [Repealed]
116	Notices under section 24 of Mining Act 1971 [Repealed]
117	Minister’s obligations in respect of minerals programmes [Repealed]
118	Granting of petroleum permits before minerals programme issued [Repealed]
119	Restriction on granting of permits [Repealed]
119A	No compensation [Repealed]
120	Repeals and revocations [Repealed]
121	Consequential amendments [Repealed]
122	Savings as to compensation claims [Repealed]
123	Savings as to court proceedings [Repealed]
	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
	Notes

Title [Repealed]

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

New Zealand Legislation

List of access keys

Quick search

My recent searches

Crown Minerals Act 1991

Crown Minerals Act 1991

Note

Contents