“1A Purpose

• “(1) The purpose of this Act is to promote prospecting for, exploration for, and mining of Crown owned minerals for the benefit of New Zealand.

  “(2) To this end, this Act provides for—

  • “(a) the efficient allocation of rights to prospect for, explore for, and mine Crown owned minerals; and

  • “(b) the effective management and regulation of the exercise of those rights; and

  • “(c) the carrying out, in accordance with good industry practice, of activities in respect of those rights; and

  • “(d) a fair financial return to the Crown for its minerals.

“1B Provisions affecting application of Act

• Schedule 1 contains savings and transitional provisions that affect other provisions of this Act (see section 106).”

“Part 1
“Preliminary provisions”.

“appropriate Minister has the meaning given by section 2A

“chief executive means the chief executive of the department that, with the authority of the Prime Minister, is responsible for the administration of this Act

“consent authority has the same meaning as in section 2(1) of the Resource Management Act 1991

“continental shelf has the same meaning as in section 2(1) of the Continental Shelf Act 1964

“existing privilege means any of the following that were in force at the close of 30 September 1991:

• “(a) any mining privilege granted under Part 4 of the Mining Act 1971:

• “(b) any mining privilege or licence referred to in section 136(b) and (c) of the Mining Act 1971:

• “(c) any coal mining right or other right, lease, sublease, tenancy, licence, or easement granted under the Coal Mines Act 1979:

• “(d) any prospecting licence or mining licence granted under Part 1 of the Petroleum Act 1937 or authorisation granted under Part 2 of that Act:

• “(e) any authorisation given, agreement entered into, or grant of rights under the Iron and Steel Industry Act 1959, and any existing rights referred to in section 5 of that Act

“good industry practice, in relation to an activity, means acting in a manner that is technically competent and at a level of diligence and prudence reasonably and ordinarily exercised by experienced operators engaged in a similar activity and under similar circumstances, but (for the purposes of this Act) does not include any aspect of the activity regulated under environmental legislation

“Health and Safety Regulator means the department that, with the authority of the Prime Minister, is responsible for the administration of the Health and Safety in Employment Act 1992

“internal waters has the meaning given by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

“local authority means a regional council or a territorial authority (as those terms are defined in section 5(1) of the Local Government Act 2002)

“offshore means anywhere that is the seaward side of the mean high-water mark

“participating interest means an undivided share of a permit that is expressed as a percentage recorded on the permit

“permit operator means the person described in section 27A

“permit participant means a person who holds a participating interest in a permit

“permit year means the period of 12 months from the commencement of a permit, or any successive period of 12 months from an anniversary of the commencement of a permit

“regulatory agency means—

• “(a) the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011:

• “(b) a consent authority:

• “(c) Maritime New Zealand and the Director of Maritime New Zealand:

• “(d) the Health and Safety Regulator

• “(e) the Department of Conservation

“royalties means money payable to the Crown under section 33(1)(c) in accordance with—

• “(a) section 34(b); or

• “(b) regulations made under section 105A

“special purpose mining activity means an activity carried out to demonstrate historical mining methods

“specified Act means the—

• “(a) Health and Safety in Employment Act 1992:

• “(b) Maritime Transport Act 1994:

• “(c) Resource Management Act 1991:

• “(d) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

“speculative prospector has the meaning given by section 90C(7)

“Tier 1 permit has the meaning given by section 2B(1)

“Tier 2 permit has the meaning given by section 2B(2)

“underground gas storage facility means a natural reservoir into which petroleum, mined from land outside the area of the permit in which the reservoir is situated, has been is injected in a gaseous state for subsequent extraction

“work programme means a programme of work to be undertaken by a permit holder in relation to the holder's permit”.

“enforcement officer means any person appointed under section 99A”.

“enforcement officer,—

• “(a) other than for the purposes of sections 101A to 101C, means a person appointed under section 99A:

• “(b) for the purposes of sections 101A to 101C, has the meaning given by section 101C(6)”.

• “(ba) taking small samples offshore by low-impact mechanical methods:”.

“mining—

• “(a) means to take, win, or extract, by whatever means,—

  • “(i) a mineral existing in its natural state in land; or

  • “(ii) a chemical substance from a mineral existing in its natural state in land; and

• “(b) includes the extraction of petroleum from an underground gas storage facility; but

• “(b) includes—

  • “(i) the injection of petroleum into an underground gas storage facility; and

  • “(ii) the extraction of petroleum from an underground gas storage facility; but

• “(c) does not include prospecting or exploration for a mineral or chemical substance referred to in paragraph (a)”.

“mining operations—

• “(a) means operations in connection with mining, exploring, or prospecting for any Crown owned mineral; and

• “(b) includes, when carried out at or near the site where the mining, exploration, or prospecting is undertaken,—

  • “(i) the extraction, transport, treatment, processing, and separation of any mineral or chemical substance from the mineral; and

  • “(ii) the construction, maintenance, and operation of any works, structures, and other land improvements, and of any related machinery and equipment connected with the operations; and

  • “(iii) the removal of overburden by mechanical or other means, and the stacking, deposit, storage, and treatment of any substance considered to contain any mineral; and

  • “(iv) the deposit or discharge of any mineral, material, debris, tailings, refuse, or wastewater produced from or consequent on the operations; and

  • “(v) the doing of all lawful acts incidental or conducive to the operations; and

• “(c) includes any activities relating to the injection into and extraction of petroleum from an underground gas storage facility”.

“Minister means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act”.

“permit holder means the person who is the sole permit participant, or all of the permit participants, as the case may be”.

“prospecting—

• “(a) means any activity undertaken for the purpose of identifying land likely to contain mineral deposits or occurrences; and

• “(b) includes the following activities:

  • “(i) geological, geochemical, and geophysical surveying:

  • “(ii) aerial surveying:

  • “(iii) taking samples by hand or hand held methods:

  • “(iv) taking small samples offshore by low-impact mechanical methods”.

“relevant minerals programme,—

• “(a) in relation to a permit that had effect immediately before the commencement of section 13 of this Act (as enacted by section 15 of the Crown Minerals (Permitting and Crown Land) Act 2012), means the minerals programme that for the time being applies to the permit under clause 3 of Schedule 1:

• “(b) in relation to a permit granted on or after the commencement of section 13 of this Act (as so enacted), means the minerals programme that for the time being applies to that mineral permit under Part 1A”.

“2A Meaning of appropriate Minister

• “(1) In this Act, appropriate Minister, in relation to Crown land or land in the common marine and coastal area, means—

  • “(a) the Minister charged with the administration of the land; or

  • “(b) if the land is part of the common marine and coastal area, the Minister described in paragraph (a) and the Minister of Conservation (if he or she is not the Minister described in that paragraph); or

  • “(c) if neither of paragraphs (a) and (b) applies, the Minister of Lands.

  “(2) However, if after subsection (1) is applied there is uncertainty as to who is the appropriate Minister, the appropriate Minister is the Minister designated by the Governor-General by Order in Council.

“2B Meaning of Tier 1 permit and Tier 2 permit

• “(1) In this Act, Tier 1 permit means the following permits:

  • “(a) a prospecting, exploration, or mining permit that relates to petroleum:

  • “(b) a prospecting permit that relates to a mineral listed in the first column of Schedule 5, unless the permit relates to prospecting for alluvial gold:

  • “(c) an exploration permit that relates to a mineral listed in the first column of Schedule 5, unless the expected total work programme expenditure in relation to the permit for the final 5 permit years of its life, or for the entire duration of its life if the permit is for less than 5 permit years, is, in the Minister's estimation, less than the amount specified for the mineral in the second column of that schedule:

  • “(d) a mining permit that relates to a mineral listed in the first column of Schedule 5, if, in any 1 permit year in the next 5 permit years of its life, the annual royalty or annual production in relation to the permit will be, in the Minister's estimation, equal to or more than the amount specified in the third or fourth column of that schedule:

  • “(f) a permit that (irrespective of the type of mineral to which the permit relates, the year of the permit's life, or any threshold amounts specified for the mineral to which the permit relates in Schedule 5)—

    • “(i) relates to an underground operation or an operation that is (whether wholly or partially) 50 m or more beyond the seaward side of the mean high-water mark; and

    • “(ii) is not for a special purpose mining activity.

  “(2) In this Act, Tier 2 permit means a permit that is not a Tier 1 permit.

  “(3) For the purposes of the Minister making an estimate for the purposes of subsection (1)(c) or (d), the life of a permit includes any extensions of duration to the permit granted under this Act.

“2C Determination of permit tier status

• “(1) This section applies to each exploration permit and mining permit whose Tier 1 (or, by default, Tier 2) status must be determined in accordance with section 2B(1)(c) or (d).

  “(2) The Minister must determine the tier status of a permit—

  • “(a) on first granting the permit, and then once in each permit year and at any time that the permit is changed under section 36(1); or

  • “(b) if the permit exists on the commencement of this section, as soon as practicable after the commencement of this section, and then once in each permit year and at any time that the permit is changed under section 36(1).

  “(3) The Minister may determine the tier status of a permit at any other time as he or she thinks fit.

  “(4) For the purposes of subsection (2)(a), a determination made because of a change to the permit may, in the Minister's complete discretion, be treated as the required determination for the following permit year.

“2D Consequences of change in status of permit

• “(1) This section applies if, as a result of a determination made by the Minister under section 2C, a Tier 1 permit becomes a Tier 2 permit or a Tier 2 permit becomes a Tier 1 permit.

  “(2) The chief executive must notify the permit holder of the change in tier.

  “(3) The change in tier takes effect for the purposes of this Act on and from the start of the permit year following the date of the notification under subsection (2).”

“5 Functions of Minister

• The Minister has the following functions under this Act:

  • “(a) to attract permit applications, including by way of public tender:

  • “(b) to grant permits, grant changes to permits, and revoke permits:

  • “(c) to prepare minerals programmes:

  • “(d) to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E):

  • “(e) to collect and disclose information in connection with mineral reserves and mineral production in order to—

    • “(i) promote informed investment decisions about mineral exploration and production; and

    • “(ii) improve the working of related markets:

  • “(f) any other functions conferred on him or her by or under this Act.”

• “(a) the making of decisions on submissions on a draft minerals programme under section 18 and the recommendation of a minerals programme under section 19:”.

“7 Functions of chief executive

• The chief executive has the following functions under this Act:

  • “(a) to require, and monitor, compliance with permits, this Act, and the regulations:

  • “(b) to investigate conduct that constitutes or may constitute a contravention of a permit, this Act, or the regulations:

  • “(d) to keep a register of permits and permit holders:

  • “(e) to advise the Minister on any matter relating to this Act:

  • “(f) to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E):

  • “(g) any other functions conferred on him or her by or under this Act.”

• “(2A) Subsection (1) does not apply to the taking by any person of any Crown owned mineral in a legal road, whether formed, unformed, or stopped, if—

  • “(a) the mineral is—

    • “(i) coal; or

    • “(ii) a mineral (other than coal) for which a Tier 2 permit would, but for this provision, be required; and

  • “(b) the road is within an area of land that otherwise contains privately owned minerals.”

“Part 1A
“Minerals programmes”.

“13 Application of minerals programmes

• The most recent version of a minerals programme issued or changed by the Governor-General under section 19 applies to all permits for minerals that are subject to the programme.

“14 Contents of minerals programmes

• “(1) A minerals programme—

  • “(a) must specify the mineral or minerals to which it applies; and

  • “(b) must set out or describe how the Minister and the chief executive will have regard to the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) (as required by section 4) for the purposes of the minerals programme.

  “(2) A minerals programme—

  • “(a) may set out or describe how the Minister or the chief executive will exercise any specified powers or discretions conferred on him or her by or under this Act in relation to the mineral or minerals to which the programme applies that are subject to the programme; and

  • “(b) may include any other information that the Minister considers is likely to be of assistance to any person wishing to use or understand the Act and the regulations, including—

    • “(i) general guidance on the scheme of the Act and the regulations; and

    • “(ii) how the Minister or the chief executive will interpret and apply specified provisions of the Act or the regulations (other than those referred to in paragraph (a)) in relation to any Crown owned mineral or minerals subject to the programme; and

  • “(c) on the request of an iwi or hapū, may provide that defined areas of land of particular importance to the iwi's or hapū's mana are excluded from the operation of the minerals programme or are not to be included in any permit.

  “(3) There must not be more than 1 minerals programme for any mineral, but a minerals programme may provide that different practices, procedures, and provisions in the programme apply—

  • “(a) to different areas within New Zealand; or

  • “(b) to a mineral that occurs in different states, places, phases, or strata; or

  • “(c) to a mineral that is to be explored for or mined by substantially different methods.

  “(4) A minerals programme must not be inconsistent with this Act or the regulations.

  “(5) However, if there is any inconsistency between a minerals programme (including or a relevant minerals programme that has effect during a transitional period) and this Act or any of the regulations, this Act or the regulation prevails.

“15 Minister must prepare draft minerals programmes in certain situations

• The Minister must, as soon as practicable, prepare a draft minerals programme for a Crown owned mineral, or group of Crown owned minerals, if—

  • “(a) there is no minerals programme for that mineral or group of minerals; and

  • “(b) in the opinion of the Minister, that mineral or group of minerals is likely to be the subject of a permit application under this Act.

“16 Changes to minerals programmes

• “(1) The Minister may propose any change to a minerals programme.

  “(2) In sections 17 and 18, a reference to a draft minerals programme includes a reference to a draft change to a minerals programme.

  “(3) Nothing in section 17 or 18 applies to any change to a minerals programme if the purpose of the change is to correct any error and the effect of the change is minor.

  “(4) Subsection (5) applies if the Minister decides not to proceed with a proposed change to a minerals programme and no recommendation is made to the Governor-General under section 19(1).

  “(5) The Minister must—

  • “(a) publicly notify his or her decision; and

  • “(b) notify every person who made a submission on the proposed change under section 18.

“17 Public notice

• “(1) The Minister must ensure that—

  • “(a) public notice is given of a draft minerals programme; and

  • “(b) notice is given of a draft minerals programme to all iwi; and

  • “(c) the draft minerals programme is available on an Internet site maintained by or on behalf of the chief executive.

  “(2) Every notice under subsection (1)(a) must—

  • “(a) give reasonable notice of the contents of the draft minerals programme; and

  • “(b) specify an Internet site the Internet site referred to in subsection (1)(c) where the draft minerals programme may be inspected; and

  • “(c) indicate that submissions may be made on the draft minerals programme, how submissions may be made, and by what date.

“18 Submissions

• “(1) Any person may make a submission on a draft minerals programme.

  “(2) A submission under subsection (1) must be received by the chief executive not later than 40 working days after the date of public notification under section 17.

  “(3) If any submission is made under this section, the chief executive must, following the expiry of the time for making submissions, arrange for a report and recommendations to be made to the Minister in respect of all submissions.

  “(4) The Minister must consider the report and recommendations made under subsection (3) and may make such changes to the draft minerals programme as the Minister thinks fit.

  “(5) Despite the provisions of the Official Information Act 1982, if a request is made by any person for disclosure of information contained in a submission, the department or Minister to whom the request was made may refuse to make the information available if the department or Minister is satisfied that—

  • “(a) such refusal is necessary to avoid serious offence to tikanga Māori or to avoid the disclosure of the location of wāhi tapu; and

  • “(b) in the circumstances of the particular case, the importance of avoiding such offence or disclosure outweighs the public interest in making that information available.

“19 Issue of minerals programmes

• “(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, issue a minerals programme or a change to a minerals programme.

  “(1A) Before recommending the making of an order, the Minister must satisfy those requirements of sections 15 to 18 relevant to the order.

  “(2) A minerals programme is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.

  “(3) A minerals programme or a change to a minerals programme takes effect on and from the date specified in the order approving it, which must not be earlier than the date on which the order is made.

“20 Notification of minerals programmes

• The Minister must—

  • “(b) make each minerals programme issued in accordance with section 19 available on an Internet site maintained by or on behalf of the chief executive; and

  • “(c) notify every person who made a submission on the draft programme under section 18 of the issuing of the minerals programme and where it may be inspected; and

  • “(d) give public notice, and notice in the Gazette, that the programme has been issued and of the places where it is available for inspection; and

  • “(e) make the programme available for public inspection at those places.

“21 Minister may defer consideration of application for permit

• “(1) Subsection (2) applies if the Minister has publicly notified a proposed change to a current minerals programme and—

  • “(a) the chief executive has received an application for a permit for a mineral to which the programme applies after the proposed change has been notified; and

  • “(b) if the proposed change were in force, it would be likely that the Minister's decisions in respect of the application would be different than if the decisions were made without the proposed change.

  “(2) The Minister may defer his or her consideration of the application until—

  • “(a) the date on which the proposed change takes effect (as specified in the relevant Order in Council made under section 19(1) 19(1)); or

  • “(b) if the Minister decides not to proceed with the change, the date on which the Minister publicly notifies his or her decision under section 16(5).

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

• “(1) The Minister and the chief executive must act in accordance with a minerals programme.

  “(2) However, if there is any inconsistency between the actions required of them under a minerals programme (including or a relevant minerals programme that has effect during a transitional period) and the actions required of them under this Act or any of the regulations, they must act in accordance with the Act or the regulation.”

“Part 1B
“Permits, access to land, and other matters”.

“23 Declaration that permits not to be issued or extended for specified land for specified period

• “(1) The Minister may, by notice in the Gazette, declare that specified kinds of permits will not be granted, or extended, in respect of specified land during a specified period if he or she believes the declaration is necessary to better meet the purpose of the Act.

  “(2) A notice under subsection (1)—

  • “(a) must specify the kind or kinds of permits to which it applies:

  • “(b) must specify the land to which it applies:

  • “(c) may apply to different minerals, to minerals that occur in a particular state, place, phase, or stratum, or to minerals that are to be explored for or mined by a particular method:

  • “(d) has effect until the close of the earlier of the following periods:

    • “(i) the period specified in the notice:

    • “(ii) 3 years from the date on which the notice is published in the Gazette.

  “(3) A notice under subsection (1) does not affect any—

  • “(a) application received by the Minister before the notice is published in the Gazette; or

  • “(b) permit granted before the notice is published in the Gazette; or

  • “(c) right under section 32 of the holder of a permit described in paragraph (b) to be granted a subsequent permit.

  “(4) The Minister must not accept a permit application that is contrary to a notice under subsection (1) while the notice has effect, unless the application relates to a subsequent permit referred to in subsection (3)(c).

“23A Purpose of permits

• “(1) The purpose of a prospecting permit is to authorise the permit holder to prospect for minerals as specified in the permit.

  “(2) The purpose of an exploration permit is to authorise the permit holder to explore for minerals as specified in the permit.

  “(3) The purpose of a mining permit is to authorise the permit holder to mine for minerals as specified in the permit.

“23B Application for permits

• Any person or persons may apply to the chief executive for a permit in respect of a mineral in land, whether or not there is a minerals programme for the mineral.”

“25 Grant of permit

• “(1) The Minister may grant a prospecting permit, an exploration permit, or a mining permit under this Act in respect of minerals in land—

  • “(a) to any person or persons; and

  • “(b) in either of the following ways:

    • “(i) as the result of an application initiated by a person under section 23B:

    • “(ii) as the result of a public tender process under section 24; and

  • “(c) subject to any conditions that the Minister may impose, as the Minister thinks fit, including authorising the prospecting or exploration for, or mining of, a mineral only—

    • “(i) in particular circumstances; or

    • “(ii) by means of a particular method; or

    • “(iii) if the mineral occurs in a particular state, place, phase, or stratum.

  “(2) However, the Minister is not obliged to grant a permit to any person or persons unless expressly required to do so under section 32.

  “(3) Each permit granted by the Minister must specify—

  • “(a) the minerals and land to which the permit applies; and

  • “(b) the conditions on which the permit is granted; and

  • “(c) the name names of the permit participants; and

  • “(d) the name of the permit operator; and

  • “(e) if any of the minerals to which the permit applies are minerals listed in the first column of Schedule 5, whether the permit in respect of those minerals is a Tier 1 or a Tier 2 permit.

  “(4) A permit may also specify the date on which the permit expires if the permit is to expire on a date earlier than the default expiry date set out in section 35.

  “(5) A permit must not be granted under this Part if a monetary deposit or bond that is required by the Minister as security for compliance with the conditions of the permit has not been deposited with the chief executive.

  “(6) The Minister must not grant an exploration permit or a mining permit in respect of privately owned minerals, except as provided for by section 84 of the Marine and Coastal Area (Takutai Moana) Act 2011.

  “(6A) If an existing privilege exists, the Minister must not grant a permit in respect of all or part of the land and the mineral to which the privilege relates without the consent of the current holder of the privilege.

  “(7) Subsection (1) is subject to section 5A(3) of the Continental Shelf Act 1964.”

“27A Permit holder must have permit operator

• “(1) A permit holder must have a permit operator.

  “(2) A permit operator must be a permit participant.

  “(3) For the purposes of the permit and this Act, , this Act, and the regulations, the permit operator is responsible, on behalf of the permit holder, for the day-to-day management of activities under the permit.”

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

• “(1) The Minister may, by notice in the Gazette, declare that specified kinds of permits will not be granted, or extended, in respect of specified land during a specified period if he or she believes the declaration is necessary to better meet the purpose of the Act.

  “(2) A notice under subsection (1)—

  • “(a) must specify the kind or kinds of permits to which it applies:

  • “(b) must specify the land to which it applies:

  • “(c) may apply to different minerals, to minerals that occur in a particular state, place, phase, or stratum, or to minerals that are to be explored for or mined by a particular method:

  • “(d) has effect until the close of the earlier of the following periods:

    • “(i) the period specified in the notice:

    • “(ii) 3 years from the date on which the notice is published in the Gazette.

  “(3) The Minister must not accept a permit application that is contrary to a notice under subsection (1) while the notice has effect, unless the application relates to a subsequent permit referred to in subsection (4)(c).

  “(4) A notice under subsection (1) does not affect any—

  • “(a) application received by the Minister before the notice is published in the Gazette; or

  • “(b) permit granted before the notice is published in the Gazette; or

  • “(c) right under section 32 of the holder of a permit described in paragraph (b) to be granted a subsequent permit.”

“Process for dealing with applications for permits

“29A Process for considering application

• “(1) An applicant for a permit must provide to the Minister—

  • “(aa) the name and contact details of the proposed permit participants and the proposed permit operator; and

  • “(a) a proposed work programme for the permit the applicant is applying for, and the programme may comprise committed and contingent work; and

  • “(a) a proposed work programme for the proposed permit, which may comprise committed work, or committed and contingent work; and

  • “(b) in the case of an exploration permit for minerals other than petroleum, an estimate of the expected total work programme expenditure in relation to the permit; and

  • “(c) any other information prescribed in the regulations.

  “(2) Before granting a permit, the Minister must be satisfied—

  • “(a) that the proposed work programme provided by the applicant is consistent with—

    • “(i) the purpose of this Act; and

    • “(ii) the purpose of the proposed permit; and

    • “(iii) good industry practice in respect of the proposed activities; and

  • “(b) that the applicant is likely to comply with, and give proper effect to, the proposed work programme, taking into account—

    • “(i) the applicant's technical capability; and

    • “(ii) the applicant's financial capability (including the ability to pay any money owed to the Crown); and

    • “(iii) any relevant information on the applicant’s failure to comply with permits or rights, or conditions in respect of those permits or rights, to prospect, explore, or mine in New Zealand or internationally; and

  • “(ba) that the applicant is likely to comply with the relevant obligations under the Act or the regulations in respect of reporting and the payment of fees and royalties; and

  • “(c) in the case of a Tier 1 permit for exploration or mining, that the proposed permit operator has, or is likely to have, by the time the relevant work in any granted permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities proposed under the permit.

  “(3) For the purposes of the Minister satisfying himself or herself of the matter in subsection (2)(c), the Minister—

  • “(a) is only required to undertake a high-level preliminary assessment; and

  • “(b) must seek the views of the Health and Safety Regulator and may, but is not required to, obtain the views of any other regulatory agency; and

  • “(c) may, but is not required to, rely on the views of the regulatory agencies; and

  • “(d) is not required to duplicate any assessment process that a regulatory agency may be required to undertake in accordance with a specified Act.

  “(4) To avoid doubt, the requirement in subsection (2)(c) does not limit, have any effect on, or have any bearing on—

  • “(a) whether the permit holder or permit operator is required to obtain any permit, consent, or other permission under any health and safety or environmental legislation:

  • “(b) the granting to the permit holder or permit operator of any permit, consent, or other permission necessary under any health and safety or environmental legislation by any government agency, consent authority, or Minister responsible for the administration of that legislation.”

• “(5) Subsection (5A) applies if a mining permit is to be granted in accordance with subsection (3) and the initial permit or any subsequent permit specified any condition to be included in the mining permit or in any subsequent privilege, right, or licence conferring a right to mine.

• “(5A) The condition must be included in the mining permit, unless the Minister and the holder of the exploration permit otherwise agree, and no other or additional condition which modifies or conflicts with the condition may be included in the mining permit without the consent of the holder of the mining permit.”

• “(8) A permit that is the subject of an application for a subsequent permit under this section continues in force until the Minister determines the application.”

“33 Permit holder responsibilities

• “(1) A permit holder must—

  • “(a) comply with—

    • “(i) the conditions of the permit; and

    • “(ii) this Act and the regulations; and

    • “(iii) the Health and Safety in Employment Act 1992 and regulations made under that Act; and

  • “(b) perform activities under the permit in accordance with good industry practice; and

  • “(c) submit royalty returns, and pay royalties; and

  • “(d) keep records for at least 7 years after the year to which they relate or for at least 2 years after the permit to which they relate ceases to be in force, whichever is the longer; and

  • “(e) co-operate with the Minister, the chief executive, and enforcement officers for the purpose of complying with the conditions of the permit, this Act, and the regulations.

  “(2) Subsection (3) applies if the permit holder is 2 or more persons.

  “(3) Each person to whom this subsection applies is jointly and severally liable to comply with and perform the obligations of the permit holder under the permit, this Act, and the regulations.

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

• “(1) Subsection (2) applies if the Health and Safety in Employment Act 1992, or regulations made under that Act, expressly provide that the Health and Safety Regulator must give its approval or consent before an activity can be carried out under a permit and the activity is an activity of a type authorised under a permit.

  “(2) The activity Despite the activity being authorised under a permit, it must not be carried out until—

  • “(a) the Health and Safety Regulator has given its approval or consent consent (in respect of the requirements of the Health and Safety in Employment Act 1992 or regulations made under that Act); and

  • “(b) the Health and Safety Regulator has advised the chief executive that it has given its approval or consent; and

  • “(c) the chief executive has notified the permit holder of the Health and Safety Regulator's advice.

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

• “(1) The Health and Safety Regulator must notify the chief executive if—

  • “(a) a permit holder is issued with a prohibition notice under the Health and Safety in Employment Act 1992; or

  • “(b) an enforcement action is taken against the permit holder under that Act.

  “(2) Nothing in this Act derogates from the Health and Safety Regulator's responsibility for the administration and enforcement of that Act.

  “(3) In this section, prohibition notice and enforcement action have the meanings given by section 2(1) of the Health and Safety in Employment Act 1992.

“33A Iwi engagement reports

• “(1) Every holder of a Tier 1 permit must provide to the Minister an annual report of the holder's engagement with iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit.

  “(2) Every holder of a Tier 2 permit of any class or kind specified in the regulations must provide to the Minister an annual report of the holder's engagement with iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit.

  “(3) Regulations may specify—

  • “(a) an annual period to which annual reports must apply, which may vary for different classes or kinds of Tier 2 permit:

  • “(b) a time by which annual reports must be provided, which may vary for different classes or kinds of Tier 2 permit.

“33B Annual review meeting for holders of Tier 1 permits

• “(1) The chief executive may require the holder of a Tier 1 permit to attend, once in each permit year, a review meeting for the purposes of—

  • “(a) monitoring the permit holder's progress against the work programme for the permit; and

  • “(b) providing an opportunity for discussion between the chief executive, the permit holder, the appropriate Minister (but only if the permit relates to Crown land), and any regulatory agency that the chief executive has invited to attend the meeting.

  “(1A) Without limiting subsection (1)(b), the chief executive must invite any regulatory agency that he or she thinks is likely to have regulatory oversight of the activities under the permit to attend a review meeting. However, the chief executive may limit the agency's attendance at the meeting to only those parts of the meeting that are relevant to its oversight.

  “(2) Unless otherwise agreed between the chief executive and a permit holder, a review meeting must be—

  • “(a) held on a date and at a place notified to the permit holder by the chief executive (which date must be 20 working days or more at least 20 working days after the date of notification); and

  • “(b) attended by at least 1 representative of the permit operator who has sufficient seniority, expertise, and knowledge to enable full discussion of the work programme and conditions of the permit.

  “(3) Any person other than those referred to in subsections (1) and (1A) may attend a review meeting only with the consent of the permit holder.”

“35 Duration of permit

• “(1) A prospecting permit expires—

  • “(a) 4 years after the commencement date specified in the permit; or

  • “(b) if an earlier expiry date is specified in the permit, on that date.

  “(2) A prospecting permit may not be extended beyond 4 years after the commencement date specified in the permit.

  “(3) An exploration permit for petroleum expires—

  • “(a) 15 years after the commencement date specified in the permit; or

  • “(b) if an earlier expiry date is specified in the permit, on that date.

  “(4) An exploration permit for petroleum may be extended only in accordance with section 35A.

  “(5) An exploration permit for minerals other than petroleum expires—

  • “(a) 10 years after the commencement date specified in the permit; or

  • “(b) if an earlier expiry date is specified in the permit, on that date.

  “(6) An exploration permit for minerals other than petroleum may not be extended beyond 10 years after the commencement date specified in the permit, unless extended further under section 35A.

  “(7) A mining permit expires—

  • “(a) 40 years after the commencement date specified in the permit; or

  • “(b) if an earlier expiry date is specified in the permit, on that date.

  “(8) A mining permit may be extended only in accordance with section 36(1), (2), and (5).

  “(9) The Minister may, on the application of a permit holder, amend the commencement date of a permit, and subsection (1), (3), (5), or (7) applies accordingly, if the Minister is satisfied that—

  • “(a) the permit holder has been prevented from commencing activities under the permit by delays in obtaining consents under any Act; and

  • “(b) those delays have not been caused or contributed to by default on the part of the permit holder.

  “(10) If the Minister amends the commencement date of a permit under subsection (9), the new commencement date must be specified in the permit.

“35A Appraisal extension of exploration permits

• “(1) The holder of an exploration permit may apply to the Minister, in accordance with section 36(1) to (3), for an extension to the duration of the permit (an appraisal extension) so as to appraise the extent and characteristics of a discovery and the Minister may grant an extension for that purpose for any period the Minister considers necessary, up to a maximum of 4 years.

  “(2) However, the Minister may grant an appraisal extension under subsection (1) only if the Minister is satisfied that—

  • “(a) the permit holder has made a discovery that has the potential to lead to the granting of a mining permit; and

  • “(b) the current specified duration of the exploration permit does not allow sufficient time to appraise the discovery; and

  • “(c) the work programme in relation to the appraisal is adequate.

  “(3) If the Minister grants an appraisal extension, it must be restricted to the land in the permit to which the Minister determines it is likely that the discovery relates.

  “(4) A permit holder granted an appraisal extension under subsection (1) may apply to the Minister once only for a further appraisal extension, and subsection (1) applies as if the reference to an appraisal extension were a reference to a further appraisal extension.

“35B Conditions imposing relinquishment obligation: prospecting permits

• “(1) The Minister may impose a condition of the kind described in subsection (2) on—

  • “(a) the grant of a prospecting permit other than a prospecting permit for petroleum; or

  • “(b) the grant of an application for a change to any prospecting permit other than a prospecting permit for petroleum.

  “(2) The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation).

  “(3) The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed 50% of the original area of land to which the permit applied.

  “(4) The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish.

  “(5) The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit.

“35C Conditions imposing relinquishment obligation: exploration permits

• “(1) The Minister may impose a condition of the kind described in subsection (2) on—

  • “(a) the grant of an exploration permit; or

  • “(b) the grant of an application for a change to an exploration permit.

  “(2) The Minister may impose a condition requiring the permit holder to relinquish a specified amount of the permit area at a specified time or on a specified event (a relinquishment obligation).

  “(3) The Minister may impose a relinquishment obligation not more than twice in relation to a permit, and the total area to be relinquished must not exceed,—

  • “(a) in the case of an exploration permit for petroleum, 75% of the original area of land to which the permit applied:

  • “(b) in the case of an exploration permit for minerals other than petroleum, 50% of the original area of land to which the permit applied.

  “(4) The holder of a permit that is subject to a relinquishment obligation must submit to the Minister for approval, within the time frame specified in the permit condition, a map of the area that the holder proposes to relinquish.

  “(5) The Minister must consider the map and approve the area to be relinquished, with or without amendment, as he or she thinks fit.”

“Changes to permits”.

• “(1) The Minister may, on any conditions that he or she thinks fit and at any time or times during the currency of a permit, change a permit by granting a certificate of change to the permit—

  • “(a) with the prior written consent of the permit holder; or

  • “(b) on the written application of the permit holder; or

  • “(c) in the manner, if any, provided in the permit.

• “(2) A change to a permit may do 1 or more of the following:

  • “(a) amend the conditions of the permit:

  • “(b) extend the land to which the permit relates:

  • “(c) change the minerals to which the permit relates:

  • “(d) extend the duration of the permit.

• “(2A) An application under subsection (1)(b) to extend the duration of an exploration permit for petroleum may only be made as provided by section 35A.

• “(3) An application under subsection (1)(b) to extend the duration of a mining permit in accordance with this section, or to extend the duration of an exploration permit under section 35A, must be received by the Minister not later than 6 months before the expiry of the permit.

• “(4) However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (3), the Minister may receive an application by a later date agreed by the Minister.

• “(4A) All other applications under subsection (1)(b) must be received by the Minister not later than 90 days before—

  • “(a) the expiry date of the permit; or

  • “(b) in the case of an application to change the specified date by which specified work must be carried out, the specified date; or

  • “(c) in the case of an application to change the specified work that must be carried out by a specified date, the specified date.

• “(4B) However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4A), the Minister may receive an application by a later date agreed by the Minister (which date must not be later than the date of expiry of the permit or the specified date by which the specified work must be done).

• “(4C) If a permit holder makes an application to which subsection (4A)(b) or (c) applies, the permit holder does not contravene the condition that the permit holder has applied to change if the condition—

  • “(a) must be complied with or fulfilled while the application is being considered by the Minister; and

  • “(b) is not complied with or fulfilled while the application is being considered by the Minister.

• “(4CA) However, if the application is declined, the permit holder contravenes the condition from the date on which the condition should have been complied with or fulfilled.”

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

• “(1) The work programme for a petroleum mining permit granted on or after the commencement of this section may be changed in accordance with this section if the change is necessary to maximise the economic recovery of the petroleum in accordance with good industry practice.

  “(2) If the Minister considers, on the basis of information on the characteristics and extent of the petroleum field received by the Minister at any time during the currency of the permit, that a change to the work programme is necessary, the Minister must notify the permit holder of the proposed change and set out the reasons why it is being proposed.

  “(3) If the permit holder and the Minister cannot agree on the proposed changes, the permit holder may notify the Minister within 30 days after the date of the notification under subsection (2) (or within any further time that the Minister may allow) that the permit holder requires a determination by an independent expert on—

  • “(a) whether the work programme should be changed to maximise the economic recovery of the petroleum in accordance with good industry practice; and

  • “(b) what any change should be.

  “(4) If the permit holder does not exercise the right under subsection (3) within the time specified by or allowed under that subsection, the conditions of the permit are deemed to be changed as proposed by the Minister.

  “(5) If the permit holder exercises the right under subsection (3) within the time specified by or allowed under that subsection, an independent expert must be appointed by agreement between the Minister and the permit holder, or, failing agreement, by the President of the New Zealand Law Society (or his or her delegate) on the application of either party.

“38 Determination by independent expert

• “(1) In making a determination for the purposes of section 37(3), an independent expert must have regard to the submissions from the Minister and the permit holder respectively, but is not required to conduct a hearing.

  “(2) Each party must provide a single set of written submissions, and any written evidence and any relevant documents or technical reports may be provided with the submissions.

  “(3) In accordance with a timetable set by the independent expert,—

  • “(a) the permit holder must provide its submissions to the independent expert and provide a copy to the Minister at the same time; and

  • “(b) the Minister must subsequently provide his or her submissions to the independent expert and provide a copy to the permit holder at the same time.

  “(4) The Minister and the permit holder must provide the independent expert with any assistance the independent expert may reasonably request.

  “(5) After due consideration, the independent expert must provide a written determination to the Minister and the permit holder.

  “(6) Any change to a work programme determined by the independent expert—

  • “(a) must be limited to what is reasonably required to ensure that the economic recovery of the resource is maximised in accordance with good industry practice; and

  • “(b) takes effect on the date of the determination.

  “(7) The conditions of the permit holder's permit are deemed to be changed—

  • “(a) in accordance with any change to a work programme determined by the independent expert; and

  • “(b) with effect on the date of the determination.

  “(8) The independent expert must not act as a mediator or an arbitrator and the Arbitration Act 1996 does not apply.

  “(9) The independent expert's fees must be borne equally by the parties Minister and the permit holder unless the independent expert determines one party should bear a greater proportion or all of the fees on the ground that the party's position has not been reasonable.

  “(10) The independent expert's determination is final and binding on the parties and there is no right of appeal against the determination. However, if the Minister and the permit holder agree a different allocation of costs to that determined by the independent expert, the determination must be treated as varied to the extent agreed.

  “(11) The permit holder must continue to comply with its existing work programme pending the independent expert's consideration and determination of the matter.”

• “(1) The Minister may revoke a permit or transfer a permit to the Minister (in replacement for the permit holder)—

  • “(a) if the Minister is satisfied that a permit holder has contravened—

    • “(i) a condition of the permit; or

    • “(ii) this Act or the regulations; or

  • “(b) in any case where a condition relates to payment of money to the Crown under the permit, this Act, or the regulations, payment has not been made within 90 days after the due date for the payment.

• “(2) Before deciding whether to revoke or transfer a permit, the Minister must serve on the permit holder written notice of his or her intention to revoke or transfer the permit that—

  • “(a) sets out the grounds on which the Minister intends to revoke or transfer the permit; and

  • “(b) gives the holder 40 working days after the date on which the notice is served to—

    • “(i) remove the grounds for the revocation or transfer; or

    • “(ii) provide reasons why the permit should not be revoked or transferred.

• “(3) The Minister may, by serving written notice on the permit holder, revoke or transfer the permit with effect on the date that is 41 working days after the date on which the notice under subsection (2) is served if—

  • “(a) the grounds for revocation or transfer have not been removed; or

  • “(b) after having considered reasons provided in accordance with subsection (2)(b)(ii), the Minister still considers there are grounds for revoking or transferring the permit.

• “(4) If the Minister transfers a permit in accordance with subsection (3),—

  • “(a) the permit is automatically transferred into the name of the Minister; and

  • “(b) the consent of the Minister under section 41 is not required to transfer the permit to, or from, the Minister; and

  • “(c) the Minister may exercise the rights granted by the permit, or offer it or any share in it for sale by public tender or otherwise.

• “(5) A permit holder who is served with written notice under subsection (3) may, not later than 20 working days after the date on which the notice is served, appeal against the Minister's decision to the High Court, but only on the ground that the decision is erroneous in point of law.

• “(6A) Pending the determination of an appeal under subsection (5), the permit in respect of which the appeal is made continues in force for all purposes unless it sooner expires.

• “(6B) The Minister must record any revocation or transfer of a permit on the register of permits, but need not record the reasons for the revocation or transfer.”

• “(1) A permit holder may apply to the chief executive to surrender a permit or any part of it by—

  • “(a) lodging an application; and

  • “(b) paying any money the permit holder owes to the Crown under this Act; and

  • “(c) providing information and records as required by the permit, this Act, or the regulations.”

• “(2A) Despite subsection (1)(b) and (c), the chief executive may accept a surrender application even though the permit holder has not paid to the Crown all the money owing to the Crown or has not provided to the chief executive all the information and records required to be provided.”

• “(3) For the purposes of subsections (5) and (6), if a permit becomes the property of the Minister under this section,—

  • “(a) the permit is deemed to have been surrendered under this section; and

  • “(b) the date on which the permit is deemed to have been surrendered,—

    • “(i) for the purposes of subsection (5), is the date that the surrender application was lodged; and

    • “(ii) for the purposes of subsection (6), is the date of the Minister's decision under subsection (2).”

• “(7A) The Minister may approve the area to be surrendered, with or without amendment, as he or she thinks fit.”

“41 Transfer of interest in permit

• “(3) The transfer of all or part of a participating interest in a permit requires the consent of the Minister under this section.

  “(4) An application for consent to a transfer must—

  • “(a) be made jointly by the relevant permit participant and the transferee; and

  • “(b) be made within 3 months after the date of the agreement that contains the transfer; and

  • “(c) be accompanied by a copy of the agreement that contains the transfer; and

  • “(d) be accompanied by evidence of the notification required under subsection (5).

  “(5) Before or at the same time as the application is made, the permit participant must notify any other permit participants that it has applied for consent to the transfer.

  “(6) If so required by the Minister, the transferee must provide to the Minister—

  • “(a) a statement, signed by or on behalf of the transferee, in which the person signing the statement must confirm that the transferee has the financial capability to meet its obligations under the permit (a statement of financial capability); and

  • “(b) any specified supporting information.

  “(7) If the transferee is a company, a statement of financial capability must be signed on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director.

  “(8) Before granting consent, the Minister must be satisfied that the transferee is likely to be able to comply with the conditions of, and give proper effect to, the permit.

  “(9) The chief executive must record the transfer of any participating interest consented to by the Minister under this section on the permit concerned and the transfer is effective, for the purposes of the permit, this Act, and the regulations from the date of the Minister's consent.

“41A Change of control of permit participants

• “(1AA) For the purposes of this section, a corporate body undergoes a change of control if—

  • “(a) a person (person A) obtains the power (whether directly or indirectly) to exercise, or control the exercise of, 50% or more of the voting rights in the corporate body; or

  • “(b) a person (person A) obtains, together with 1 or more specified persons, the power (whether directly or indirectly) to exercise, or control the exercise of, 50% or more of the voting rights in the corporate body.

  “(1) A permit participant must notify the Minister in accordance with subsection (2) if—

  • “(a) the permit participant is a corporate body and undergoes a change of control; or

  • “(b) a corporate body that has provided a guarantee for the permit participant's obligations under the permit (guarantor) undergoes a change of control.

  “(2) The notification must be given within 3 months of the change of control and be accompanied by—

  • “(a) a copy of any agreement or document that specifies the change of control; and

  • “(b) a statement from the permit participant that it has the financial capability to meet its obligations under the permit; and

  • “(c) in the case of a change of control of a guarantor, a statement from the guarantor that it has the financial capability to meet its obligations under the guarantee.

  “(3) A statement for the purposes of subsection (2)(b) or (c) must be signed,—

  • “(a) if the permit participant or guarantor is a company, on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director; or

  • “(b) if the permit participant or guarantor is not a company, by a person responsible for the management of the permit participant or guarantor.

  “(4) The permit participant must provide to the Minister information or documents relevant to the financial capability of person A (as defined in subsection (1AA)), which may be general information about person A's financial capability or information specific to the matters referred to in subsection (2)(b) or (c), as the case may be.

  “(4) If required to do so, a permit participant must provide to the Minister information or documents relevant to the financial capability of the person A concerned, which may be—

  • “(a) general information about that person's financial capability; or

  • “(b) information specific to the matters referred to in subsection (2)(b) and (c).

  “(4A) However, the permit participant must do so only if the Minister requests the information or documents no later than 3 months from the date on which the permit participant notifies the Minister of the change of control in accordance with this section.

  “(6) The Minister may revoke the permit in accordance with the procedure set out in section 39 if the Minister—

  • “(a) is not satisfied that, following the change of control, the permit holder has the financial capability to meet its obligations under the permit; and

  • “(b) revokes the permit no later than 6 3 months from the date on which the permit participant notifies the change of control in accordance with this section.

  “(7) In subsection (1AA)(b), a specified person, in relation to person A, means—

  • “(a) a person who is acting or will act jointly or in concert with person A in respect of exercising, or controlling the exercise of, the voting rights of the permit participant; or

  • “(b) a person who acts, or is accustomed to acting, in accordance with the wishes of person A.

“41B Dealings

• “(1) A permit participant may enter into a dealing.

  “(2) However, the dealing has no legal effect if the dealing relates to a Tier 1 permit and the Minister does not consent to the dealing.

  “(3) An application for consent to a dealing must—

  • “(a) be made to the Minister; and

  • “(b) be made within 3 months after the date of the agreement that contains the dealing; and

  • “(c) be accompanied by a copy of the agreement that contains the dealing.

  “(4) In this section, dealing means any agreement (other than a transfer of a participating interest, or a mortgage or other charge) that imposes on any permit participant any obligation that relates to the sale or the proceeds of production, if—

  • “(a) a reasonable person would consider that the agreement—

    • “(i) has not been entered into on an arm’s-length basis; or

    • “(ii) is not on arm’s-length terms; or

    • “(iii) is otherwise not on a fair market basis; or

  • “(b) the term of the agreement is for 12 months or longer.

“41C Change of permit operator

• “(1) A permit operator may be changed only with the prior consent of the Minister and no change of permit operator has any effect without that consent.

  “(2) An application for consent must—

  • “(a) be made by the permit holder; and

  • “(b) be made jointly with the proposed new operator if that operator is not an existing permit participant.

  “(3) The Minister may give consent to the change only—

  • “(a) if the Minister is satisfied that the permit holder, given the change in permit operator, is likely to—

    • “(i) comply with, and give proper effect to, the work programme for the permit; and

    • “(ii) comply with the relevant obligations under the Act this Act or the regulations in respect of reporting and the payment of fees and royalties; and

  • “(b) if the change of operator relates to a Tier 1 permit for exploration or mining, if the Health and Safety Regulator—

    • “(i) is satisfied that any requirements of the Health and Safety in Employment Act 1992, or regulations made under that Act, that the proposed operator must meet before carrying out day-to-day management of activities under the permit have been met; and.

    • “(ii) has advised the chief executive that it is so satisfied.

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

• “(1) The Minister may grant consent under section 41, 41B, or 41C, subject to any condition conditions that the Minister thinks fit.

  “(2) All conditions of the Minister’s consent are, for the purposes of this Act, deemed to be conditions of the permit concerned.

  “(3) If, as a result of the transfer of a participating interest in a permit, a person ceases to have an interest in the permit, that person ceases to have any rights or obligations under the permit except in respect of any contravention of the conditions of the permit that occurred before the date of transfer of the participating interest.

  “(4) Subsection (3) is subject to—

  • “(a) the conditions of the permit; and

  • “(c) the conditions of the Minister's consent on the transfer of the participating interest.”

• “(1) Where an application is made for a permit and the applicant has a right to receive the permit under section 32, the Minister must not grant the permit unless he or she has approved the work programme for the permit.”

• “(5) The Minister may recover from permit or existing privilege holders any costs incurred by him or her in approving or preparing a development scheme under this section, including the costs of any advice received from an independent expert, and may apportion those costs between the holders as he or she thinks fit.

• “(6) Subsection (7) applies if a development scheme is required under subsection (1) for a petroleum mineral deposit.

• “(7) The Minister may, by notice in writing, require 1 or more relevant permit 1 or more permit holders or existing privilege holders to suspend or reduce production from any well specified in the notice during the preparation of the development scheme if—

  • “(a) the Minister is satisfied that the suspension or reduction is necessary to prevent waste of the petroleum secure the maximum ultimate recovery of the petroleum mineral deposit; and

  • “(b) before issuing the notice, he or she has consulted all relevant permit or existing privilege holders.

• “(8) In subsection (7), relevant permit or existing privilege holder means a permit permit holder or existing privilege holder means a permit holder or existing privilege holder whose permit or existing privilege comprises any part of the land to which the petroleum mineral deposit relates.”

• “(3) Subsection (2) does not apply if the permit relates to—

  • “(a) land in the continental shelf, as defined in section 2(1) of the Continental Shelf Act 1964; or

  • “(b) land in the common marine and coastal area, but if the permit relates to land described in Schedule 4, the permit holder may exercise the permit only—

    • “(i) in respect of land that is not subject to a customary marine title order or agreement; and

    • “(ii) in accordance with an access arrangement agreed in writing between the permit holder, the Minister, and the appropriate Minister in relation to an activity set out in section 61(1A)(a) to (e).”

• “(3) Subsection (2) does not apply if the permit relates to—

  • “(a) land in the continental shelf, as defined in section 2(1) of the Continental Shelf Act 1964; or

  • “(b) land in the common marine and coastal area, but if the permit relates to land described in Schedule 4, the permit holder may exercise the permit only—

    • “(i) in respect of land that is not subject to a customary marine title order or agreement; and

    • “(ii) in accordance with an access arrangement agreed in writing between the permit holder and the appropriate Minister in relation to an activity set out in section 61(1A)(a) to (e).”

• “(f) if the notice relates to access to Crown land or land in the common marine and coastal area, the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought.”

• “(1) The appropriate Minister may, by agreement with the permit holder concerned, enter into the following arrangements in respect of Crown land or, subject to sections 53(3) and 54(3), the common marine and coastal area:

  • “(a) an initial access arrangement in relation to a Tier 2 permit:

  • “(b) a variation to an existing access arrangement in relation to a Tier 2 permit:

  • “(c) a variation to an existing access arrangement in relation to a Tier 1 permit, except if the variation is to allow access for the purpose of significant exploration or mining activities.

• “(1AA) The Minister and the appropriate Minister may, by agreement with the permit holder concerned, enter into the following arrangements in respect of Crown land or, subject to sections 53(3) and 54(3), the common marine and coastal area:

  • “(a) an initial access arrangement in relation to a Tier 1 permit:

  • “(b) a variation to an existing access arrangement in relation to a Tier 1 permit if the variation is to allow access for the purpose of significant exploration or mining activities.

• “(1AAB) The appropriate Minister must determine whether or not activities are significant exploration or mining activities for the purposes of this section and, in doing so, must have regard to—

  • “(a) the effects the activities are likely to have on conservation values for the land concerned; and

  • “(b) the effects the activities are likely to have on other activities on the land; and

  • “(c) the activities' net impact on the land, either while the activities are taking place or after their completion; and

  • “(d) any other matters that the appropriate Minister considers relevant to achieving the purpose of this Act.”

• “(e) any special purpose mining activity carried out in accordance with a mining permit.”

• “(da) the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought; and

• “(db) if section 61C(3) applies, the recommendation of the Director-General of Conservation and summary referred to in that subsection; and”.

• “(9) No Order in Council may be made under subsection (4) that results in land described, or within a category of land described, within a category of land described in clauses 1 to 8 of Schedule 4 of this Act being excluded from that schedule.”

“61C Public notification of certain access arrangements

• “(1) This section applies if an application under section 61 is made for an access arrangement in respect of Crown land for which the Minister of Conservation is the appropriate Minister and the purpose of access is to allow mining activities.

  “(2) The Minister of Conservation must determine whether or not the proposed activities are significant mining activities and, in doing so, must have regard to—

  • “(a) the effects the activities are likely to have on conservation values for the land concerned; and

  • “(b) the effects the activities are likely to have on other activities on the land; and

  • “(c) the activities' net impact on the land, either while the activities are taking place or after their completion; and

  • “(d) any other matters that the Minister considers relevant to achieving the purpose of this Act.

  “(3) If the Minister of Conservation determines the proposed mining activities to be significant mining activities,—

  • “(a) he or she must ensure that the application is publicly notified in accordance with section 49 of the Conservation Act 1987 as if the application were required to be publicly notified under that Act; and

  • “(b) section 49 of that Act applies with the necessary modifications; and

  • “(c) the Director-General of Conservation must perform the duties required by that section as if the application were a proposal, including sending a recommendation and summary of objections and comments received to the Minister of Conservation and, if the application relates to a matter to which section 61(1AA) applies, to the Minister.

  “(4) The public notification of an application in accordance with subsection (3) may (without limitation) be conducted in conjunction with the public notification of any related concession application under the Conservation Act 1987.”

“Registers, records, and use of information

“90 Permit holder records and reports

• “(1) Each permit holder must keep detailed records and reports in respect of all prospecting, exploration, and mining activities conducted by or on behalf of the permit holder—

  • “(a) in accordance with the conditions of the permit and the regulations; and

  • “(b) in a form that is readily accessible at all reasonable times by the chief executive or any person authorised in writing by the chief executive.

  “(2) Each permit holder must provide to the chief executive, in accordance with the conditions of the permit and the regulations, a copy of the records and reports required to be kept under subsection (1) and, on the expiry of whichever of the periods referred to in subsection (6) first occurs, the chief executive must send a copy of those records and reports to the person designated by the Minister for the purposes of this subsection.

  “(3) If requested by the chief executive to do so, a permit holder must provide to the chief executive—

  • “(a) a copy of any report made by or for the permit holder in respect of any activities under the permit:

  • “(b) a report on any specified aspect of the permit holder's activities under the permit.

  “(4) When part of a permit is relinquished under section 35B or 35C or surrendered under section 40, the permit holder must provide to the chief executive separate copies of all geological, geophysical, and other reports previously provided to, or requested by, the chief executive under subsections (1) to (3), showing, separately, details in respect of the area of land in respect of which the relinquishment or surrender occurred.

  “(5) If a permit is revoked or transferred to the Minister under section 39, the person who (immediately before the permit was revoked or transferred) was the permit holder must provide to the chief executive any report, document, or other information as required by the regulations.

  “(6) The information supplied by a permit holder under subsections (1) to (3), other than information in relation to permits specified in subsection (7), must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earliest of the following events:

  • “(a) the expiry of 5 years from the date on which the information was obtained by the permit holder:

  • “(b) the cessation expiry of the permit and every subsequent permit in respect of that permit (in so far as the information relates to land covered by both the initial and any subsequent permit):

  • “(c) if the permit holder surrenders the permit and is concurrently granted (under section 36(2)(b)) an extension of land for an equivalent permit and the extension includes land to which the surrendered permit applied, the cessation expiry of the extended permit and every subsequent permit in respect of the extended permit (in so far as the information relates to land covered by the surrendered permit, the extended permit, and any subsequent permit in respect of the extended permit).

  “(7) The information supplied by a permit holder under subsections (1) to (3) in respect of a prospecting permit for petroleum, or a non-exclusive prospecting permit for a mineral other than petroleum, must be made available by the chief executive to any person who requests it, on the payment of a reasonable charge for the costs incurred in making the information available, on and from the earlier of the following events:

  • “(a) the expiry of 15 years from the date on which the information was obtained by the permit holder:

  • “(b) the conclusion of a public tender process for exploration permits to the extent that the information relates to land to which the public tender relates, except if the public tender process concludes earlier than 5 years from the date on which the information was obtained by the permit holder, in which case, the expiry of the 5 years.

  “(8) Despite subsection (7), all information provided under subsections (1) to (3) to the chief executive by a non-exclusive petroleum prospecting permit holder who is determined to be a speculative prospector under section 90C is available must be made available by the chief executive to any person who requests it on or after the expiry of 15 years after the date on which the information was obtained by the permit holder.

  “(9) The Minister, the chief executive, or an enforcement officer may use information supplied under this section at any time before or after the information is required to be made available under any of subsections (6) to (8) for the purpose of exercising any power or performing any function conferred on the person by or under this Act.

  “(10) Section 90A applies to any information that, because of its use in accordance with subsection (9), is disclosed.

  “(11) Nothing in this section requires the chief executive to send or make available any records, reports, information, or returns relating to the calculation and payment of royalties by permit holders.

  “(12) This section applies to every record, report, and other material held or provided by the holder of a licence issued under any previous enactment in respect of any mineral as if the licence holder were a permit holder.

“90A Disclosure of information

• “(1) The Minister, an appropriate Minister, the chief executive, or any enforcement officer must not disclose any information provided under or for the purposes of any of sections 23B, 24, 32, 35, 35A, 36, 41, 41A, 41B, 41C, 61B, 61C, 90, and 99E unless—

  • “(a) the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, duty, or power conferred or imposed by or under this Act on the Minister, the chief executive, or any enforcement officer; or

  • “(b) the information is publicly available; or

  • “(c) the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or

  • “(d) the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or

  • “(e) disclosure is required by another enactment; or

  • “(f) disclosure is required by a court of competent jurisdiction; or

  • “(g) the information is disclosed to a regulatory agency under section 90E.

  “(2) Any information that is disclosed under subsection (1)(a) for the purposes of, or in connection with, the Minister's function of attracting permit applications under section 5(a) must be disclosed only to external advisers to the Minister.

  “(3) All disclosures that are made under subsection (1)(a) to an external adviser to the Minister must be made on a confidential basis.

“90B Disclosure and publication of mineral reserves and mineral production information

• “(1) Every holder of a permit must provide to the chief executive all information in connection with mineral reserves and mineral production that is prescribed as information that must be provided under this section.

  “(2) The information must be provided in accordance with the regulations.

  “(3) The chief executive may, in accordance with the regulations, publish all, or any part, of the information provided under this section.

  “(4) For the purposes of this section, holder of a permit includes every person who is a who is the holder of an existing privilege.

“90C Provisions relating to speculative prospectors

• “(1) A non-exclusive petroleum prospecting permit holder may apply to the Minister for a determination that the holder is a speculative prospector and, if the Minister is satisfied that the holder is a speculative prospector, the Minister must confer that status on the permit holder effective from the date of conferral.

  “(2) An applicant for a non-exclusive petroleum prospecting permit may, at the same time as applying for the permit, apply to the Minister for a determination that, if granted a permit, the applicant will be a speculative prospector and, if the Minister is satisfied that the applicant will be a speculative prospector, the Minister must confer that status on the applicant, effective from the date the permit is granted, if the Minister grants the permit application.

  “(3) If a permit holder with speculative prospector status subsequently becomes aware that the holder no longer falls within the definition of a speculative prospector, the holder must notify the Minister as soon as practicable and in any case not later than 10 working days after the date on which the holder becomes aware of that fact.

  “(4) If the Minister, having previously determined that a permit holder is a speculative prospector, subsequently considers that the permit holder's business activities are not consistent with those of a speculative prospector (for example, because the holder is providing or selling data on an exclusive basis to 1 petroleum explorer), the Minister may, by notice in writing to the permit holder, remove the permit holder's status as a speculative prospector.

  “(5) Before removing a permit holder's status under subsection (4), the Minister must—

  • “(a) inform the permit holder of his or her intention and provide an opportunity for the permit holder to comment; and

  • “(b) consider any representations made by the permit holder.

  “(6) If a permit holder notifies the Minister under subsection (3) or the Minister removes a permit holder's status as a speculative prospector under subsection (4), section 90(7) applies in relation to all records and reports provided by the permit holder to the chief executive, irrespective of whether the records and reports were obtained before or after the loss or removal of status.

  “(7) In this Act, speculative prospector means a non-exclusive petroleum prospecting permit holder who carries out activities under the permit for the sole purpose of on-selling the information obtained on a non-exclusive basis to petroleum explorers and producers.

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

• “(1) If a permit holder purchases or licenses information that relates to the permit from a speculative prospector, for the purposes of section 90, the information must be treated as records or reports in respect of activities conducted by or on behalf of the permit holder.

  “(2) However, when providing the information to the chief executive under section 90(2), the permit holder must clearly identify that the information was obtained by a speculative prospector.

  “(3) Despite section 90(6) and (7), information to which this section applies must be made available by the chief executive to any person who requests it on or after the expiry of 15 years after the date on which the information was obtained by the speculative prospector.

  “(4) A permit holder must, if requested to do so, provide evidence to satisfy the chief executive that any information supplied to him or her by the permit holder under section 90 was purchased or licensed information from a speculative prospector.

“90E Providing information to regulatory agencies

• “(1) The Minister, an appropriate Minister, or the chief executive may provide to the Health and Safety Regulator any information, or a copy of any document, that he or she—

  • “(a) holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and

  • “(b) considers may assist the Health and Safety Regulator's chief executive in the performance or exercise of his or her functions, duties, or powers under the Health and Safety in Employment Act 1992.

  “(2) The Minister, an appropriate Minister, or the chief executive may provide to Maritime New Zealand any information, or a copy of any document, that he or she—

  • “(a) holds in relation to the performance or exercise of his or her functions, duties, or powers under this Act that relate to a permit or an application for a permit; and

  • “(b) considers may assist the Director of Maritime New Zealand in the performance or exercise of his or her or Maritime New Zealand's functions, duties, or powers under the Maritime Transport Act 1994.

  “(3) The Minister may provide to the Environmental Protection Authority (established by section 7 of the Environmental Protection Authority Act 2011) and to any consent authority any information, or a copy of any document, that the Minister—

  • “(a) holds in relation to the matters referred to in section 29A(2)(c); and

  • “(b) considers may assist—

    • “(i) the Environmental Protection Authority in the performance or exercise of its functions, duties, or powers under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 or the Resource Management Act 1991; or

    • “(ii) a consent authority in the performance or exercise of its functions, duties, or powers under the Resource Management Act 1991.

  “(4) However, subsections (1) to (3) do not apply to any information obtained under section 90 relating to the calculation and payment of royalties by permit holders.

  “(5) A regulatory agency must not disclose any information provided to it under this section to any other person or organisation unless—

  • “(a) the disclosure is for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by a specified Act on the regulatory agency; or

  • “(b) the information is publicly available; or

  • “(c) the disclosure is with the consent of the person to whom the information relates, or to whom the information is confidential; or

  • “(d) the disclosure is in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or

  • “(e) disclosure is required by another enactment; or

  • “(f) disclosure is required by a court of competent jurisdiction.

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

• “(1) A person providing information or documents under section 90E(1), (2), or (3) may impose any conditions in relation to the provision of the information or documents, whether in compliance with a request or otherwise.

  “(2) The conditions imposed under this section may include (without limitation) conditions relating to—

  • “(a) the storing of, use of, or access to anything provided:

  • “(b) the copying, returning, or disposing of copies of documents provided.

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

• “(1) A regulatory agency may provide to a recipient specified in subsection (2) any information or a copy of any document that it believes would assist the recipient in the performance or exercise of the recipient's functions, duties, or powers under this Act.

  “(2) The recipients are—

  • “(a) the Minister:

  • “(b) an appropriate Minister:

  • “(c) the chief executive:

  • “(d) an enforcement officer.

  “(3) A regulatory agency may provide to another regulatory agency any information or a copy of any document that it believes would assist that other agency in the performance or exercise of its functions, duties, or powers under a specified Act that relate to activities under or associated with a permit.

  “(4) A person or an agency that receives information provided under this section must not disclose the information to any other person or organisation unless—

  • “(a) the disclosure is made for the purposes of, or in connection with, the performance or exercise of any function, power, or duty conferred or imposed by this Act or a specified Act on the person or agency; or

  • “(b) the information is publicly available; or

  • “(c) the disclosure is made with the consent of the person to whom the information relates or to whom the information is confidential; or

  • “(d) the disclosure is made in connection with proceedings, or any investigation or inquiry for proceedings, for an offence against this Act or any other enactment; or

  • “(e) the disclosure is required by another enactment; or

  • “(f) the disclosure is required by a court of competent jurisdiction.”

• “(1) The chief executive must keep a register of permits in the form that he or she thinks fit on which is entered brief particulars of all permits, including, in respect of each permit, the name and contact details of the permit participants, the name and contact details of the permit operator, and any changes, transfers, or leases of the permit.

• “(2) The chief executive must ensure that the following information is available for public inspection on an Internet site maintained by or on behalf of the chief executive:

  • “(a) a copy of every permit granted under this Act and all changes to a permit; and

  • “(b) the register (or a copy of the register) kept under subsection (1); and

  • “(c) any other prescribed documents.”

• “(a) on the death of a permit participant, his or her participating interest vests in the personal representative of the permit participant as if the participating interest were personal property, and the personal representative may deal with the participating interest to the same extent as the permit participant would have been able to; and”.

• “(d) a permit is personal property for the purposes of the Personal Property Securities Act 1999.”

• “(4) In the case of a participating interest to which subsection (2)(a) applies, the participating interest must be treated as property for the purposes of the distribution of the permit participant's estate and the permit participant's personal representative may transfer the participating interest to a beneficiary of the permit participant's estate without obtaining consent under section 41.”

“92A Effect of liquidation or loss of registration of company

• “(1) On the liquidation of a permit participant, its participating interest vests in the liquidator as if it were personal property, and the liquidator may deal with the participating interest to the same extent as the permit participant would have been able to.

  “(2) On the removal of a permit participant from the New Zealand register under the Companies Act 1993, all participating interests held by the permit participant company vest in the Crown as if they were personal property.”

• “(3) Every permit participant must give written notice to the chief executive of an address (which may be an email address) and telephone number at which the permit participant can be contacted.

• “(4) A permit participant must give written notice to the chief executive of any change to the address or telephone number provided under subsection (3) as soon as reasonably practicable, but no later than 10 working days after the change takes effect.”

“97A Chief executive may prescribe form of certain documents

• “(1) The chief executive may prescribe—

  • “(a) the form and electronic format of any applications, returns, information accompanying any applications or returns, or any other documents that are not otherwise prescribed in regulations made under this Act:

  • “(b) the manner in which any applications, returns, information, or other documents must be submitted or notified if the manner of submission or notification is not otherwise prescribed in regulations made under this Act.

  “(2) For the purposes of subsection (1)(a), the chief executive may prescribe different forms or formats for different classes of permits or minerals.

  “(3) The chief executive must publish any form or format prescribed under subsection (1) on an Internet site maintained by or on behalf of the chief executive.

  “(4) The production by the chief executive of any document purporting to be a prescribed form or an extract from a prescribed form, or a copy of a form or an extract, is, in all courts and in all proceedings, unless the contrary is proved, sufficient evidence that the form or electronic format was prescribed.

  “(5) To avoid doubt, if the chief executive prescribes an electronic format for a form, the chief executive may require any signature on the form to be an electronic signature.”

“98A Gold fossicking areas (other land)

• “(1) The Minister may, by notice in the Gazette given on the request of a local authority, designate any land owned by the authority as a gold fossicking area.

  “(2) The notice must—

  • “(a) state that the area is open for public fossicking in respect of gold; and

  • “(b) specify the area and its general location; and

  • “(c) state that a person has the right to mine for gold in the area by means only of non-motorised hand held tools; and

  • “(d) state any other terms or conditions that apply when a person is fossicking in the area (as agreed between the Minister and the owner of the land).

  “(3) The Minister must revoke a designation made under subsection (1) if requested to do so by the authority.”

“Provisions relating to enforcement officers, auditing, and requiring information

“99A Appointment of enforcement officers

• “(1) The chief executive may appoint 1 or more persons who are employees of a government department, a Crown entity, or a local authority to exercise 1 or more of the powers and perform the functions conferred on enforcement officers under this Act.

  “(2) The chief executive must supply each enforcement officer with a warrant of authorisation that clearly states the powers and functions of the officer.

  “(3) An enforcement officer who exercises, or purports to exercise, a power conferred on the enforcement officer under this Act must carry and produce, if required to do so,—

  • “(a) his or her warrant of authorisation; and

  • “(b) evidence of his or her identity.

  “(4) An enforcement officer must, on the termination of the enforcement officer's appointment, surrender his or her warrant to the chief executive.

“99B Powers of enforcement officers

• “(2) Any enforcement officer, specifically authorised in writing by the Minister to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwelling house or marae, for the purpose of determining whether a permit, this Act, or the regulations are being complied with.

  “(3) If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer must leave in a prominent position at the place, or attached to a structure on the place, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.

  “(4) An enforcement officer may not enter, unless the permission of the landowner is obtained, any land that any other Act states may not be entered without that permission.

  “(5) An enforcement officer who exercises the power of inspection under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer with the inspection.

  “(6) A person who provides assistance under subsection (5) may exercise the powers provided to enforcement officers under subsection (2).

“99C Application for warrant for entry to search

• “(1) An issuing officer (within the meaning of section 3(1) of the Search and Surveillance Act 2012) may issue a warrant authorising the entry and search of any place or vehicle if, on an application made in the manner provided in subpart 3 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds for believing that there is in, on, under, or over any place or vehicle anything—

  • “(a) in respect of which an offence has been or is suspected of having been committed against this Act or the regulations; or

  • “(b) that will be evidence of an offence against this Act or the regulations; or

  • “(c) that is intended to be used for the purpose of committing an offence against this Act or the regulations.

  “(2) An application may be made under subsection (1) by—

  • “(a) a constable; or

  • “(b) an enforcement officer specifically authorised in writing by the Minister to apply for search warrants.

“99CA Application of Part 4 of Search and Surveillance Act 2012

• Part 4 of the Search and Surveillance Act 2012 (other than sections 118 and 119) applies, with any necessary modifications, in respect of inspections or searches undertaken under this Act by enforcement officers.

“99D Auditing

• “(1) A person referred to in subsection (2) may carry out an audit of records, kept by or on behalf of the chief executive or a permit holder, for the purpose of obtaining information about the following matters and reporting that information to the chief executive:

  • “(aa) the calculation of mineral reserves by a permit holder undertaking mining activities:

  • “(a) the calculation and payment of the correct amount of royalties due by a permit holder:

  • “(b) the calculation and payment of any other money payable to the Crown:

  • “(c) compliance with any prescribed requirement to keep or provide records or other information.

  “(2) The following persons may carry out an audit if directed by the chief executive:

  • “(a) an enforcement officer:

  • “(b) an independent auditor appointed by the chief executive.

  “(3) If the chief executive requires an independent auditor to be appointed, the permit holder must pay the independent auditor's costs if required to do so by the chief executive.

  “(4) However, the chief executive may require the payment of those costs only if the auditor has found material failures in relation to any calculations or payments or the keeping or providing of records or other information by the permit holder.

“99E Power to require information

• “(1) The Minister, the chief executive, or any enforcement officer may, by written notice, require any person to provide any information that the person giving the notice considers is necessary for any purpose relating to that person’s functions, duties, or powers under this Act or for the administration or enforcement of this Act.

  “(2) The information specified in the notice may relate to—

  • “(a) any aspect of the operation of a permit:

  • “(b) any commercial agreements or arrangements to which a permit participant is a party.

  “(4) Information may be disclosed to the Minister, the chief executive, or an enforcement officer in confidence if—

  • “(a) a person who is required to provide information under subsection (1) so requests; and

  • “(b) the Minister, chief executive, or enforcement officer agrees to that request in writing.

  “(5) A person required to provide any information under this section must provide the information—

  • “(a) in the form and in the manner set out in the notice; and

  • “(b) within any reasonable time specified in the notice requiring the information; and

  • “(c) free of charge; and

  • “(d) regardless of whether the Minister, chief executive, or enforcement officer agrees to the information being disclosed in confidence.

“99F Protection of persons acting under authority of this Act

• “(1) No enforcement officer or person called upon to assist an enforcement officer who does an act, or omits to do an act, when performing a function or exercising a power conferred on that person by or under this Act (other than when exercising powers of inspection or search under sections 99B and 99C) is under any civil or criminal liability in respect of the act or omission, unless the person has acted, or omitted to act, in bad faith.

  “(2) Sections 166 and 167 of the Search and Surveillance Act 2012 apply in relation to persons exercising powers of inspection or search under sections 99B and 99C.

“Royalties and interest

“99G Royalties

• Every permit holder must—

  • “(a) submit royalty returns in accordance with the relevant permit, this Act, and the regulations; and

  • “(b) pay royalties in accordance with the relevant permit, this Act, and the regulations.

“99H Power to amend royalty returns or make default assessment

• “(1) If the chief executive is satisfied that the information contained in a royalty return is incorrect, he or she may, at any time, amend the return and any assessment of the permit holder’s liability to pay money to the Crown (an amendment) as he or she thinks fit.

  “(2) If a permit holder fails to submit a royalty return when required to do so under this Act, the regulations, or a permit, the chief executive may make an assessment (a default assessment) of the matters that should have been in the permit holder’s royalty return.

  “(4) As soon as practicable after making an amendment or a default assessment, the chief executive must notify the permit holder of—

  • “(a) the particulars of the amendment or default assessment; and

  • “(b) any grounds or information upon which the amendment or default assessment was based; and

  • “(c) the right of the permit holder to object (as set out in section 99J).

  “(5) If an amendment or a default assessment results in the permit holder owing money to the Crown, the permit holder must pay the amount due within 20 working days after the date on which the permit holder is notified under subsection (4).

  “(6) If an amendment shows that a permit holder has overpaid the amount of royalties due, the chief executive must, within 20 working days after the date of the amendment, arrange for a refund to be paid to the permit holder.

  “(7) Interest calculated at the Commissioner's paying rate, as defined in section 120C of the Tax Administration Act 1994, is payable on any amount refunded.

  “(8) Despite subsection (1), the chief executive must not make an amendment to a permit holder's royalty return under this section at any time after the date that is 7 years from the end of the permit year in which the permit holder submitted the return if the amendment would result in an increase in the amount payable to the Crown, unless the chief executive is satisfied on reasonable grounds that the contents of the return—

  • “(a) are fraudulent or wilfully misleading; or

  • “(b) do not include an assessment of minerals obtained under the permit through a particular method or from a particular location, and in respect of which an assessment was required to be included in the return.

“99I Interest on unpaid money

• “(1) If a permit holder does not fully pay, by the due date, all fees and other money payable by the holder to the Crown under this Act or the regulations (the original amount), the chief executive may make a written demand for the payment of interest on the part of the original amount that remains unpaid.

  “(2) The permit holder is liable for the interest payable and the interest must be calculated for every month or part of a month after the due date during which the original amount remains unpaid in full.

  “(3) Interest must be calculated in accordance with the following formula:

  a =		b × c
  		12

  where—

  a

  is the interest payable

  b

  is any part of the original amount that remains unpaid at the end of the month for which the interest is calculated

  c

  is the taxpayer's paying rate, as defined in section 120C of the Tax Administration Act 1994.

  “(4) In the case of royalties where the amount payable was assessed or amended under section 99H, interest must be calculated from the date on which the amount of royalties was originally due.

  “(5) Any payment the chief executive receives or applies on account of a permit holder’s liability to pay an original amount must first be applied towards payment of the interest.

“99J Right to object to amendment or default assessment

• “(1) A permit holder may object to an amendment or a default assessment under section 99H.

  “(2) An objection must be in writing and received by the chief executive not later than 40 working days after the date on which the permit holder is notified of the amendment or default assessment under section 99H(4).

  “(3) The objection must set out the reasons for the objection.

  “(4) The chief executive must—

  • “(a) give the permit holder an opportunity to be heard; and

  • “(b) consider and determine the objection within 40 working days after its receipt.

  “(5) The chief executive must—

  • “(a) dismiss the objection; or

  • “(b) uphold the objection in whole or in part.

  “(6) Not later than 20 working days after deciding an objection, the chief executive must send to the permit holder—

  • “(a) a copy of the decision, which must include the reasons for the decision; and

  • “(b) any amended royalty return or default assessment; and

  • “(c) notice of the right of the permit holder to appeal (as set out in section 99K).

“99K Right of appeal

• “(1) A permit holder who has made an objection under section 99J may, in accordance with the rules of court, appeal to a District Court against the chief executive's determination of the objection.

  “(2) An appeal must be made not later than 20 working days after the date on which the permit holder is notified of the chief executive's decision under section 99J(6).

  “(3) The District Court may confirm, reverse, or modify the decision and, if applicable,—

  • “(a) amend the relevant royalty return or default assessment; and

  • “(b) specify the amount of any money to be paid by the permit holder to the Crown or to be refunded to the permit holder, as the case may be.

  “(4) A decision of a District Court under subsection (3) may be appealed to the High Court, but only if—

  • “(a) the ground of the appeal is that the decision is erroneous in point of law; or

  • “(b) the District Court has determined that an amount of money is payable to the Crown and the amount is more than $2,000.

  “(5) To avoid doubt, an appeal may be taken under subsection (4) by the permit holder or the chief executive (on behalf of the Crown).

“99L Status of original amendment or default assessment

• “(1) This section applies to an amendment or a default assessment made by the chief executive under section 99H if the permit holder concerned—

  • “(a) objects to the amendment or default assessment under section 99J; or

  • “(b) having made an objection, exercises 1 or more of the appeal rights under section 99K in respect of the determination of the objection.

  “(2) If the amendment or default assessment results in the permit holder owing money to the Crown,—

  • “(a) the amendment or default assessment must be treated as correct and final until the permit holder has exhausted those rights or the time period by which the rights must be exercised has expired and a final decision has been given by the chief executive or a court, as the case may be (final decision); and

  • “(b) the permit holder must pay the money owing in accordance with section 99H(5).

  “(3) If the final decision differs from the amendment or default assessment and—

  • “(a) a refund is required to be paid to the permit holder, section 99H(6) and (7) applies, with any necessary modifications:

  • “(b) a further amount is required to be paid by the permit holder, the permit holder must pay the amount to the chief executive within 20 working days after the date on which the final decision is made, including any interest calculated in accordance with section 99I.”