Crown Minerals Amendment Act 2013

1: Title
This Act is the Crown Minerals Amendment Act 2013.
2: Commencement
This Act comes into force on the earlier of the following:
a: the date appointed by the Governor-General by Order in Council:
b: the date that is 2 years after the date on which the Act receives the Royal assent. Section 2(a) brought into force 24 May 2013 Crown Minerals Amendment Act 2013 Commencement Order 2013
3: Principal Act
This Act amends the Crown Minerals Act 1991 principal Act OIC SR 2013/121 2013-05-24 Crown Minerals Act 1991 This Act comes into force on the earlier of the following: the date appointed by the Governor-General by Order in Council OR the date that is 2 years after the date on which the Act receives the Royal assent. Brought into force by pco 17439 (SR 2013/121)
4: Long Title repealed
Repeal the Long Title
5: Section 1 amended (Short Title and commencement)
In the heading to section 1 Short
6: New sections 1A and 1B inserted
After section 1
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 see section 106
7: Part 1 heading replaced
Replace the Part 1
1: Preliminary provisions
.
8: Cross-heading above section 2 repealed
Repeal the cross-heading
9: Section 2 amended (Interpretation)
1: In section 2(1) appropriate Minister section 2A chief executive consent authority continental shelf existing privilege
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 Health and Safety Regulator internal waters local authority offshore participating interest permit operator section 27 permit participant permit year regulatory agency
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
a: section 34(b); or
b: regulations made under section 105A special purpose mining activity specified Act
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 section 90C(7) Tier 1 permit section 2B(1) Tier 2 permit section 2B(2) underground gas storage facility work programme .
2: In section 2(1) coal peat, and oil shale and peat
3: In section 2(1) enforcement officer enforcement officer
a: other than for the purposes of sections 101A to 101C section 99A
b: for the purposes of sections 101A to 101C section 101C(6) .
4: In section 2(1) gold fossicking area declared under section 98 designated under section 98 or 98A
5: In section 2(1) minerals programme section 18 section 19
6: In section 2(1) minimum impact activity
ba: taking small samples offshore by low-impact mechanical methods: .
7: In section 2(1) mining 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—
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) .
8: In section 2(1) mining operations 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 .
9: In section 2(1) Minister Minister .
10: In section 2(1) occupier as defined in section 106 (other than an exploration licence or prospector's right granted under the Mining Act 1971, or an (other than an
11: In section 2(1) permit holder permit holder .
12: In section 2(1) petroleum in the same or an adjacent area
13: In section 2(1) prospecting 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 .
14: In section 2(1) relevant minerals programme relevant minerals programme
a: in relation to a permit that had effect immediately before the commencement of section 13 section 18 of the Crown Minerals Amendment Act 2013 clause 3 of Schedule 1
b: in relation to a permit granted on or after the commencement of section 13 Part 1A .
15: In section 2(1) Secretary
16: Repeal section 2(2) and (3) Section 9(1) amended 21 May 2013 section 7(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 9(1) amended 21 May 2013 section 7(2) Crown Minerals Amendment Act 2013 Amendment Act 2013
10: New sections 2A to 2D inserted
After section 2
2A: Meaning of appropriate Minister
1: In this Act, appropriate Minister
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
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
c: an exploration permit that relates to a mineral listed in the first column of Schedule 5
d: a mining permit that relates to a mineral listed in the first column of Schedule 5
e: 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 metres 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
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)
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
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).
11: Cross-heading above section 5 amended
In the cross-heading Minister and chief executive
12: Section 5 replaced (Functions of Minister of Energy)
Replace section 5
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 resources 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. Section 12 amended 21 May 2013 section 8 Crown Minerals Amendment Act 2013 Amendment Act 2013
13: Section 6 amended (Delegation of functions by Minister of Energy)
1: In the heading to section 6 of Energy
2: Replace section 6(1)(a)
a: the making of decisions on submissions on a draft minerals programme under section 18 section 19 .
14: Section 7 replaced (Appointment of enforcement officers)
Replace section 7
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:
c: to keep a register of permits and permit holders:
d: to advise the Minister on any matter relating to this Act:
e: to co-operate with regulatory agencies that perform functions in relation to Crown owned minerals (including under section 90E
f: any other functions conferred on him or her by or under this Act.
15: Section 8 amended (Restrictions on prospecting or exploring for, or mining, Crown owned minerals)
1: After section 8(2)
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.
2: In section 8(3) machinery in accordance with section 98 or 98A
16: Section 12 and cross-heading repealed
Repeal section 12 cross-heading
17: New Part 1A heading inserted
Before section 13
1A: Minerals programmes
.
18: Sections 13 to 22 and cross-heading replaced
Replace sections 13 to 22 cross-heading
13: Application of minerals programmes
The most recent version of a minerals programme issued or changed by the Governor-General under section 19
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 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 (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
3: Nothing in section 17 or 18
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 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.
2: Before recommending the making of an order, the Minister must satisfy those requirements of sections 15 to 18
3: 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.
4: 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—
a: make each minerals programme issued in accordance with section 19
b: notify every person who made a submission on the draft programme under section 18
c: give public notice, and notice in the Gazette
d: 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 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)
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 (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.
19: New Part 1B heading inserted
After section 22
1B: Permits, access to land, and other matters
.
20: Section 23 replaced (Application for permits)
Replace section 23 with:
23: 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.
23A: 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.
20A: Section 24 amended (Allocation by public tender)
1: After section 24(2)(c)
ca: that each tender must include an application that complies with section 29A(1) section 29B
cb: that, if the tender is to be considered in accordance with section 29B .
2: After section 24(4)
4A: To avoid doubt, tenders must be assessed by the Minister in accordance with this section and the criteria in section 29A or in section 29B Section 20A inserted 21 May 2013 section 4 Crown Minerals Amendment Act 2013 Amendment Act 2013
21: Section 25 replaced (Grant of permit)
Replace section 25
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 23A
ii: as the result of a public tender process under section 24
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 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
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
7: 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.
8: Subsection (1) is subject to section 5A(3)
22: Section 27 replaced (Provisions relating to granting of permit)
Replace section 27
27: 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, 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.
23: New section 28A inserted (Declaration that permits not to be issued or extended for specified land for specified period)
After section 28
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
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
b: permit granted before the notice is published in the Gazette
c: right under section 32
24: New
sections 29A and 29B After section 29 Process for dealing with applications for permits
29A: Process for considering application
1: An applicant for a permit must provide to the Minister—
a: the name and contact details of the proposed permit participants and the proposed permit operator; and
b: a proposed work programme for the proposed permit, which may comprise committed work, or committed and contingent work; and
c: 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
d: 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; 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
c: 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
d: 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)(d), 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, subsection (2)(d) 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: This section is subject to section 29B
29B: Process for considering application under public tender for conditional exploration permit
1: This section applies if—
a: a Tier 1 permit for exploration is offered for allocation by public tender under section 24(1); and
b: a tender made in response to the offer under section 24(1) states that it is to be considered in accordance with this section; and
c: the proposed work programme provided with the tender contains an exploration drilling committal date.
2: If this section applies, the Minister must, when considering whether to grant the permit to the tenderer, be satisfied of the matters set out in section 29A(2)(b) and (d) only in relation to work that will be undertaken before the exploration drilling committal date.
3: If a permit is granted in accordance with this section,—
a: work cannot be undertaken after the exploration drilling committal date unless, before that date,—
i: the Minister has, upon application by the permit holder, satisfied himself or herself of the matters set out in section 29A(2)(b) and (d) in relation to that work; and
ii: the permit holder has committed, in accordance with the permit, to drilling for exploration purposes; and
b: the requirements of paragraph (a) are a condition of the permit.
4: For the purposes of subsection (3),—
a: section 29A(3) and (4) apply for the purposes of the Minister satisfying himself or herself; and
b: section 29A(2) to (4) must be read with all necessary modifications.
5: In this section,— exploration drilling committal date work Section 24 heading amended 21 May 2013 section 5(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 24 amended 21 May 2013 section 5(2) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 24 amended 21 May 2013 section 5(3) Crown Minerals Amendment Act 2013 Amendment Act 2013
25: Section 32 amended (Right of permit holder to subsequent permits)
1: In section 32(1) and (3) 27, 29A,
2: In section 32(1) and (3) 23 23A
3: In section 32(4) under in accordance with
4: Replace section 32(5)
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 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.
5: After section 32(7)
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.
26: Section 33 replaced (Permit holder to comply with permit and this Act)
Replace section 33
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.
33A: 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 and the activity is an activity of a type authorised under a permit.
2: 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 (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.
33B: 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 enforcement action
33C: 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.
4: The first report to be provided under subsection (1) must relate to the period of 12 months ending with 31 December 2014.
33D: 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.
2: 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.
3: 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 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.
4: Any person other than those referred to in subsections (1) and (2) may attend a review meeting only with the consent of the permit holder. Section 26 amended 21 May 2013 section 9 Crown Minerals Amendment Act 2013 Amendment Act 2013
27: Section 35 replaced (Duration of permit)
Replace section 35
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)
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 (4) appraisal extension
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.
28: New cross-heading above section 36 inserted
Above section 36 Changes to permits .
29: Section 36 amended (Change to permit)
1: Replace section 36(1) to (4A)
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.
3: 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
4: 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
4A: However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4), the Minister may receive an application by a later date agreed by the Minister.
4B: 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.
4C: However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4B), 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).
4D: If a permit holder makes an application to which subsection (4B)(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.
4E: 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.
2: In section 36(5)(a) date of expiration expiry date
3: In section 36(5A) section 37 section 35A
30: Sections 37 and 38 replaced
Replace sections 37 38
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)
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 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.
31: Section 39 amended (Revocation of permit)
1: Replace the heading to section 39 Revocation or transfer of permit
2: Replace section 39(1) to (6)
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
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.
6: 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.
6A: 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.
32: Section 40 amended (Surrender of permit)
1: Replace section 40(1)
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.
2: Replace section 40(2)
2: Unless the Minister considers it is in the interests of the Crown to acquire the permit for the purposes of reallocation or otherwise (in which case the permit vests in the Crown as if it were personal property), the surrender—
a: must be accepted by the chief executive if everything is in order and, in the case of a partial surrender, the Minister has approved the area to be surrendered under subsection (7A); and
b: takes effect when the chief executive accepts it.
3: After section 40(2)
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.
4: Replace section 40(3)
3: For the purposes of subsections (5) and (6), if a permit vests in the Crown 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).
5: After section 40(7)
7A: The Minister may approve the area to be surrendered, with or without amendment, as he or she thinks fit. Section 32(2) replaced 21 May 2013 section 10(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 32(4) amended 21 May 2013 section 10(2) Crown Minerals Amendment Act 2013 Amendment Act 2013
33: Section 41 replaced (Transfers and other dealings with permits)
Replace section 41
41: Transfer of interest in permit
1: The transfer of all or part of a participating interest in a permit requires the consent of the Minister under this section.
2: 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 (3).
3: 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.
4: 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
b: any specified supporting information.
5: 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.
6: 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.
7: 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
1: For the purposes of this section, a corporate body undergoes a change of control
a: a person ( person A
b: a person ( person A
2: A permit participant must notify the Minister in accordance with subsection (3) 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
3: 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.
4: A statement for the purposes of subsection (3)(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.
5: 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 (3)(b) and (c).
6: 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.
7: 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 3 months from the date on which the permit participant notifies the change of control in accordance with this section.
8: In subsection (1)(b), a specified person
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
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 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, or are likely to be, 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
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
b: the conditions of the Minister's consent on the transfer of the participating interest. Section 33 amended 21 May 2013 section 11 Crown Minerals Amendment Act 2013 Amendment Act 2013
34: Section 42A amended (Authorisation of geophysical surveys on adjacent land)
In section 42A(2) were a prospecting
35: Section 43 amended (Work programmes to be approved by Minister)
1: Replace section 43(1)
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.
2: In section 43(2)(b)(i) and (3)(b)(i) recognised good exploration or mining good industry
36: Section 44 amended (Duty of Minister withholding approval of work programme)
In section 44(3) and (4) recognised good exploration or mining good industry
37: Section 46 amended (Unit development)
1: In section 46(1)(b) prevent waste, avoid unnecessary competitive extraction, and
2: After section 46(4)
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 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 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), permit holder or existing privilege holder
38: Section 53 amended (Access to land for petroleum)
Replace section 53(3)
3: Subsection (2) does not apply if the permit relates to—
a: land in the continental shelf; or
b: land in the common marine and coastal area, but if the permit relates to land described in Schedule 4
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)
39: Section 54 amended (Access to land for minerals other than petroleum)
Replace section 54(3)
3: Subsection (2) does not apply if the permit relates to—
a: land in the continental shelf; or
b: land in the common marine and coastal area, but if the permit relates to land described in Schedule 4
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)
40: Section 59 amended (Notice of request for grant of right of access)
1: In section 59(2)(e) notice ; and
2: After section 59(2)(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.
41: Section 61 amended (Access arrangements in respect of Crown land and land in common marine and coastal area)
1: Replace section 61(1)
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)
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)
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.
2: In section 61(1A) Conservation , or the Minister and the Minister of Conservation, as the case may be,
3: In section 61(1A) or enter into any access arrangement , or variation to an access arrangement, or enter into any access arrangement, or variation to an access arrangement,
4: In section 61(1A) (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)
5: In section 61(1A)(d) of the Crown Minerals Act 1991 or 98A
6: Replace section 61(1A)(e)
e: any special purpose mining activity carried out in accordance with a mining permit.
7: In section 61(2) access arrangement , or variation to an access arrangement,
8: In section 61(2) appropriate Minister , or the Minister and the appropriate Minister, as the case may be,
9: After section 61(2)(d)
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) .
10: In section 61(2)(e) considers , or the Minister and the appropriate Minister, as the case may be, consider
11: In section 61(4) subsections (6) and (7) subsections (6) to (9)
12: In section 61(6)(b) Crown owned
13: After section 61(8)
9: No Order in Council may be made under subsection (4) that results in land within a category of land described in clauses 1 to 8 of Schedule 4
10: To avoid doubt, subsection (9) does not limit or affect—
a: any provision of any other enactment that has the effect of excluding land from clauses 1 to 8 of Schedule 4
b: any action taken under a provision of any other enactment that has the effect of excluding land from clauses 1 to 8 of Schedule 4
42: New section 61C inserted (Public notification of certain access arrangements)
After section 61B
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)
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.
43: Sections 90 and 90A and cross-heading above section 90 replaced
Replace sections 90 90A 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
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 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)
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
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
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.
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 23A, 24, 32, 33A to 33D, 35, 35A, 36 to 38, 41 to 41C, 42, 42A, 46, 61, 61B, 61C, 90, 99E, and 99F 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)
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 resources and mineral production information
1: Every holder of a permit must provide to the chief executive all information in connection with mineral resources 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
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)
7: In this Act, speculative prospector
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
2: However, when providing the information to the chief executive under section 90(2)
3: Despite section 90(6) and (7)
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
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)(d) section 24, 29A, or 29B
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
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)
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. Section 43 amended 21 May 2013 section 6 Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 43 amended 21 May 2013 section 12(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 43 amended 21 May 2013 section 12(2) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 43 amended 21 May 2013 section 12(3) Crown Minerals Amendment Act 2013 Amendment Act 2013
44: Section 91 amended (Secretary to keep registers)
Replace section 91(1) and (2)
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.
45: Section 92 amended (Permits are not real or personal property)
1: Replace section 92(2)(a)
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 .
2: In section 92(2)(c) 1988 ; and
3: After section 92(2)(c)
d: a permit is personal property for the purposes of the Personal Property Securities Act 1999.
4: After section 92(3)
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
46: New section 92A inserted (Effect of liquidation or loss of registration of company)
After section 92
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.
47: Section 95 amended (Address for service)
1: In section 95(1) of an of a physical
2: In section 95(1) different physical
3: After subsection (2), insert:
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.
48: Section 97 amended (Application of monetary deposits)
In section 97(4)(b) payments outstanding (including interest payable under section 99J
49: New section 97A (Chief executive may prescribe form of certain documents)
After section 97
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.
50: Section 98 amended (Gold fossicking areas)
In the heading to section 98 areas (Crown land)
51: New section 98A inserted (Gold fossicking areas (other land))
After section 98
98A: Gold fossicking areas (other land)
1: The Minister may, by notice in the Gazette
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.
52: New sections 99A to 99M and cross-headings inserted
After section 99 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
1: 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 dwellinghouse or marae, for the purpose of determining whether a permit, this Act, or the regulations are being complied with.
2: 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.
3: 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.
4: 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.
5: A person who provides assistance under subsection (4) may exercise the powers provided to enforcement officers under subsection (1).
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.
99D: 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.
99E: 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:
a: the calculation of mineral resources by a permit holder undertaking mining activities:
b: the calculation and payment of the correct amount of royalties due by a permit holder:
c: the calculation and payment of any other money payable to the Crown:
d: 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.
99F: 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.
3: 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.
4: 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.
99G: 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
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
99H: 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.
99I: 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
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
3: 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 99K
4: 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 (3).
5: 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.
6: 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.
7: 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.
99J: 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
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 99I
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.
99K: Right to object to amendment or default assessment
1: A permit holder may object to an amendment or a default assessment under section 99I
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 99I(3)
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 99L
99L: Right of appeal
1: A permit holder who has made an objection under section 99K
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 99K(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).
99M: 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 99I
a: objects to the amendment or default assessment under section 99K
b: having made an objection, exercises 1 or more of the appeal rights under section 99L
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
b: the permit holder must pay the money owing in accordance with section 99I(4)
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 99I(5) and (6)
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 99J Section 52 amended 21 May 2013 section 13(1) Crown Minerals Amendment Act 2013 Amendment Act 2013 Section 52 amended 21 May 2013 section 13(2) Crown Minerals Amendment Act 2013 Amendment Act 2013
53: Section 100 amended (Offences)
1: In section 100(2)(a) conditions and with this Act holder responsibilities
2: After section 100(3)
3A: Every person commits an offence against this Act who knowingly provides altered, false, incomplete, or misleading information (including royalty returns) to the chief executive or any other person in respect of a matter or thing under this Act or the regulations.
54: Section 101 amended (Penalties)
1: In section 101(1)
a: replace $200,000 $400,000
b: replace $10,000 $20,000
2: In section 101(2)
a: replace $10,000 $20,000
b: replace $1,000 $2,000
3: In section 101(3) $1,500 $3,000
4: After section 101(3)
3A: Every person who commits an offence against section 100(3A)
55: New sections 101A to 101C inserted
After section 101
101A: Interpretation
In sections 101B and 101C exclusive economic zone foreign ship master offshore area
a: within the territorial sea; or
b: within the exclusive economic zone; or
c: on or above the continental shelf permitted prospecting, exploration, or mining activity ship specified non-interference zone section 101B(6) to (8) structure
a: means any fixed, moveable, or floating structure or installation; and
b: includes a petroleum pipeline, petroleum pumping station, petroleum tank station, or petroleum valve station.
101B: Interfering with structure or operation in offshore area
1: A person commits an offence if the person intentionally engages in conduct that results in—
a: damage to, or interference with, any structure or ship that is in an offshore area and that is, or is to be, used in mining operations or for the processing, storing, preparing for transporting, or transporting of minerals; or
b: damage to, or interference with, any equipment on, or attached to, such a structure or ship; or
c: interference with any operations or activities being carried out, or any works being executed, on, by means of, or in connection with such a structure or ship.
2: A person commits an offence if—
a: the person is the master of a ship that, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity; or
b: the person leaves a ship and, without reasonable excuse, enters a specified non-interference zone for a permitted prospecting, exploration, or mining activity.
3: In prosecuting an offence against subsection (2), it is not necessary for the prosecution to prove that the person intended to commit the offence.
4: A person who commits an offence against subsection (1) is liable on summary conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 12 months or to a fine not exceeding $50,000:
b: in the case of a body corporate, to a fine not exceeding $100,000.
5: A person who commits an offence against subsection (2) is liable on summary conviction to a fine not exceeding $10,000.
6: For the purposes of subsection (2), the chief executive may specify a non-interference zone by notice published in a fortnightly edition of the New Zealand Notices to Mariners
7: A notice must specify—
a: the permitted prospecting, mining, or exploration activity to which the non-interference zone relates; and
b: the locality of the activity; and
c: the area of the non-interference zone to which the activity relates (which may be up to 500 metres from any point on the outer edge of the structure or ship to which the activity relates or, if there is any equipment attached to the structure or ship, 500 metres from any point on the outer edge of the equipment); and
d: the period (which may be up to 3 months) for which the notice has effect.
8: The chief executive, when determining the area of a non-interference zone for the purposes of a notice, must take into account the nature of the activity, including the size of any structure or ship to which the activity relates and any equipment attached to the structure or ship necessary for the carrying out of the activity.
9: No proceedings for an offence against this section may be brought in a New Zealand court in respect of a contravention of this section on board, or by a person leaving, a foreign ship without the consent of the Attorney-General.
101C: Powers of enforcement officers
1: An enforcement officer who has reasonable cause to suspect that a person is committing, has committed, or is attempting to commit an offence against section 101B
a: stop a ship within a specified non-interference zone and detain the ship:
b: remove any person or ship from a specified non-interference zone:
c: prevent any person or ship from entering a specified non-interference zone:
d: board a ship (whether within a specified non-interference zone or otherwise), give directions to the person appearing to be in charge, and require the person to give his or her name and address:
e: without warrant, arrest a person.
2: If an enforcement officer described in subsection (6)(b) or (c) arrests a person under subsection (1)(e), the enforcement officer must cause the person to be delivered into the custody of a constable as soon as practicable.
3: An enforcement officer who exercises a power under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer to exercise the power.
4: A person who provides assistance under subsection (3) may exercise the powers provided to an enforcement officer under subsection (1)(a) to (d).
5: No enforcement officer, or person called upon to assist an enforcement officer, who does an act, or omits to do an act, when exercising a power under this section 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.
6: For the purposes of this section, the following persons are enforcement officers:
a: every constable:
b: every person in command of a ship of the New Zealand Defence Force:
c: every person acting under the command of a person described in paragraph (b). Section 55 amended 21 May 2013 section 14 Crown Minerals Amendment Act 2013 Amendment Act 2013
56: Section 104 amended (Recovery of fees and other money)
1: In section 104(1) Crown under this Part Crown under this Act or the regulations
2: In section 104(1), replace granted under this Part, shall be granted under this Act, is
3: Replace section 104(2)
2: All fees payable under this Act or the regulations must be paid into a Departmental Bank Account, and all other money payable to the Crown under this Act, or the regulations, or under any permit granted under this Act, must be paid into a Crown Bank Account.
3: To avoid doubt, any interest payable on fees must be paid into a Crown Bank Account.
57: Section 105 amended (Regulations)
1: Replace section 105(1)(a)
a: prescribing the form or content of applications, permits, notices, reports, or any other documentation or information required under this Act, and the manner in which such documentation or information is to be provided: .
2: After section 105(1)(c)
ca: specifying for the purposes of section 33C
cb: prescribing, in relation to iwi engagement reports required under section 33C .
3: In section 105(1) Part Act
58: New sections 105A to 105D inserted
After section 105
105A: Regulations relating to royalties
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:
a: prescribing how royalties are to be calculated, or the rate or rates for royalties:
b: prescribing thresholds that apply for the purpose of determining whether royalties are payable:
c: prescribing the due dates for royalty payments and submitting royalty returns.
2: The regulations may make different provisions for—
a: different minerals:
b: a mineral that occurs in different specified states, places, phases, or strata:
c: a mineral that is explored for or extracted by different specified methods.
3: If regulations made under this section are in force—
a: when an initial permit is granted in respect of a mineral, royalties must be calculated in accordance with the regulations as they apply at the time the permit is granted:
b: when a subsequent permit is granted in respect of the same mineral, royalties must also be calculated in accordance with the regulations as they applied at the time the initial permit was granted:
c: when a permit is changed to cover a different mineral, royalties in respect of that mineral must be calculated in accordance with the regulations as they apply when the relevant change to the permit takes effect.
4: Despite subsection (3), the period in relation to which the royalty calculations are made must be that specified in the current regulations.
105B: Regulations not invalid for certain matters
1: No regulation made under section 105 or 105A
a: it authorises the Minister or any other person—
i: to give any consent or approval on or subject to conditions to be imposed or approved by the Minister or any other person; or
ii: to set any standard; or
b: it otherwise leaves any matter to the discretion of the Minister or any other person.
2: No regulation made under section 105A
105C: Regulations may incorporate material by reference
1: Regulations made under section 105 or 105A
a: financial reporting standards made under the Financial Reporting Act 1993, as those standards are defined in section 2(1) of that Act ( financial reporting standards
b: a standard, framework, code of practice, recommended practice, or requirement of an international organisation or a national organisation:
c: a standard, framework, code of practice, recommended practice, or requirement prescribed in any country or jurisdiction, or by any group of countries:
d: any other written material that deals with technical matters and that can reasonably be regarded as being too large or impractical to include in, or publish as part of, the regulations.
2: The material may be incorporated by reference in the regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: The incorporated material—
a: is as that exists at the time that the regulations are made; and
b: forms part of the regulations for all purposes and has legal effect accordingly.
4: An amendment to, or replacement of, a financial reporting standard in regulations made under section 105 or 105A initial regulations
a: the amendment or replacement is made by the External Reporting Board in accordance with that Act; and
b: the amendment or replacement is of the same general character as the standard that is amended or replaced; and
c: the initial regulations state that amendments or replacements have this effect.
5: An amendment to, or replacement of, any other material in the initial regulations referred to in subsection (1) has legal effect as part of the initial regulations only if it is specifically incorporated by amendment regulations to the initial regulations.
6: A copy of material incorporated by reference in regulations made under section 105 or 105A
a: certified as a correct copy by the chief executive; and
b: retained by the chief executive.
7: The production in proceedings of a certified copy of the material incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the regulations of the material.
8: Material incorporated by reference in regulations made under section 105 or 105A
9: The department responsible for the administration of this Act must—
a: provide electronic access to any material incorporated by reference in regulations made under this section, unless doing so would infringe copyright; and
b: make the material available for inspection during working hours, free of charge, at the department's head office and at any other place that the chief executive determines is appropriate.
10: A failure to comply with subsection (9) does not invalidate regulations that incorporate any material incorporated by reference in regulations made under section 105 or 105A
11: The Acts and Regulations Publication Act 1989 does not apply to—
a: material incorporated by reference in regulations made under section 105 or 105A
b: an amendment to, or replacement of, that material.
12: Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in regulations made under this section to be presented to the House of Representatives.
13: The Regulations (Disallowance) Act 1989, apart from the modification to the application of section 4 of that Act made by subsection (12) of this section, applies to regulations that incorporate material by reference.
105D: Requirement to consult on proposal to incorporate material by reference
1: Before regulations incorporating material by reference are made under section 105 or 105A
a: make copies of the material proposed to be incorporated by reference (the proposed material administering department
b: state where copies of the proposed material are available for purchase; and
c: make copies of the proposed material available, free of charge, on an Internet site maintained by or on behalf of the administering department, unless doing so would infringe copyright; and
d: give notice in the Gazette
i: that the proposed material is available for inspection during working hours, free of charge, and stating the places at which it can be inspected and the period during which it can be inspected; and
ii: that copies of the proposed material can be purchased and stating the places at which they can be purchased; and
iii: if applicable, that the proposed material is available on the Internet, free of charge, and stating the Internet site address; and
e: allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
f: consider any comments made.
2: The chief executive—
a: may make copies of the proposed material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) applies, give notice in the Gazette
3: The chief executive may comply with subsection (1)(c) (if applicable) by providing a hypertext link from an Internet site maintained by or on behalf of the administrating department to a copy of the proposed material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
4: A failure to comply with this section does not invalidate an instrument that incorporates material by reference in reliance on section 105C
5: For the purposes of subsection (1)(c), a chief executive may not rely on section 66 of the Copyright Act 1994 as authority to make the proposed material available on an Internet site.
6: Nothing in this section applies to material proposed to be incorporated by reference described in section 105C(1)(a)
7: In this section, proposed material
a: the material itself:
b: an accurate translation in an official New Zealand language of the material, if the material is not in an official New Zealand language. Section 58 amended 21 May 2013 section 15 Crown Minerals Amendment Act 2013 Amendment Act 2013 Repeals, consequential amendments, and transitional provisions
59: Part 2 replaced
Replace Part 2
2: Savings and transitional provisions
106: Savings and transitional provisions
The savings and transitional provisions set out in Schedule 1
60: New Schedule 1 inserted
Insert, as Schedule 1, the Schedule 1 set out in Schedule 1
61: Schedule 4 replaced
Replace Schedule 4 Schedule 4 Schedule 2
62: New Schedule 5 inserted
After Schedule 4 Schedule 5 Schedule 3
63: Amendments to principal Act relating to Legislation Act 2012
1: This section takes effect on the repeal of the Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
2: Replace section 19(3) section 18
2: A minerals programme—
a: is a disallowable instrument for the purposes of the Legislation Act 2012; and
b: must be presented to the House of Representatives under section 41 of that Act.
3: Replace section 105C(11) to (13) section 58
11: Part 2 of the Legislation Act 2012 does not apply to—
a: standards or terms incorporated by reference in regulations made under this section; or
b: an amendment to or replacement of those standards or terms.
12: Subpart 1 of Part 3 of the Legislation Act 2012 applies to regulations made under this section that incorporate standards or terms by reference.
13: However, nothing in section 41 of the Legislation Act 2012 requires material that is incorporated by reference in regulations made under this section to be presented to the House of Representatives. 2013-08-05 Crown Minerals Act 1991 Email from Bill Moore 29/4/2013. I have set a target date of Monday 5 August 2013. If that proves too difficult to achieve for any reason Sunday 1 September 2013 will be a fall back date. Derek
64: Consequential and minor amendments to principal Act
Amend the principal Act as set out in Schedule 4
65: Consequential amendments to other Acts
Amend the Acts specified in Schedule 5 OIC SR 2013/121 2013-05-24 Climate Change Response Act 2002 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Forestry Encouragement Act 1962 Gas Act 1992 Income Tax Act 2007 Legislation Act 2012 Marine and Coastal Area (Takutai Moana) Act 2011 Ngai Tahu (Pounamu Vesting) Act 1997 Ngai Tāmanuhiri Claims Settlement Act 2012 Property Law Act 2007 Rating Valuations Act 1998 Resource Management Act 1991 Rongowhakaata Claims Settlement Act 2012 Search and Surveillance Act 2012 Soil Conservation and Rivers Control Act 1941 Te Ture Whenua Maori Act 1993