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Resource Management Act 1991

Transitional provisions - Current mining privileges relating to water

416: Compensation

You could also call this:

“Getting paid back for losses to your mining privilege”

If you have a mining privilege related to water, you might not be able to claim compensation for some losses. You cannot claim compensation for losses caused by certain parts of section 413. You can claim compensation from the regional council if your mining privilege is taken or damaged because of a regional rule, as mentioned in section 414, or if you acquired your privilege under section 415. When the council determines your compensation, they consider the loss or damage you suffered due to the regional rule.

If you have to surrender another mining privilege when a new rule starts, the council will consider that you used the surrendered privilege fully when calculating your compensation. You make and determine compensation claims under this section or section 415 according to the Public Works Act 1981. When calculating your compensation under the Public Works Act 1981, the council considers the date the regional rule started and the expiry date of your mining privilege. For claims about damage from a regional rule, as in section 414, the specified date is when the rule started, and your mining privilege is deemed to expire 30 years after that date.

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Part 15 Transitional provisions
Current mining privileges relating to water

416Compensation

  1. No compensation may be claimed for any loss, damage, or injurious affection resulting from the operation of any of subsections (1) to (7) of section 413.

  2. Notwithstanding section 85 but except as provided in subsection (3), the holder of a deemed permit—

  3. taken or acquired in whole or in part under section 415; or
    1. whose estate or interest in land is injuriously affected by, or who suffers any damage resulting from, a regional rule of the kind referred to in section 414—
        1. shall be entitled to compensation from the regional council for such taking, acquisition, injurious affection, or damage.

      1. When determining for the purposes of subsection (2)(b) the amount of any loss, damage, or injurious affection suffered by a holder of a deemed permit, the entitlement of a holder of any other deemed permit that is surrendered at the time the rule becomes operative shall be regarded as being used in full throughout the remainder of the duration of the first-mentioned permit.

      2. Except as provided in subsection (3),—

      3. claims for compensation under this section or under section 415 shall be made and determined in accordance with the Public Works Act 1981; and
        1. when determining the amount of compensation payable under the Public Works Act 1981 for any loss, damage, or injurious affection suffered, or for the taking or acquisition of the deemed permit,—
          1. for the purposes of section 62 of that Act in the case of a claim for injurious affection or damage resulting from a regional rule of the kind referred to in section 414, the specified date shall be the date the regional rule becomes operative; and
            1. for the purposes of that Act, the deemed permit shall be deemed to be due to expire on the 30th anniversary of the specified date.