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Crown Minerals Act 1991

Minerals programmes

14: Contents of minerals programmes

You could also call this:

"What a minerals programme must include to be fair and respectful"

Illustration for Crown Minerals Act 1991

When you look at a minerals programme, it must say what mineral or minerals it is about. It must also explain how the Minister and the chief executive will consider the principles of the Treaty of Waitangi, as required by section 4, when making decisions about the programme. This helps make sure the programme is fair and respectful.

You might find that a minerals programme explains how the Minister or the chief executive will use their powers when dealing with the mineral or minerals in the programme. It can also include other helpful information, such as guidance on how the Act and regulations work, or how certain parts of the Act or regulations will be interpreted and applied.

A minerals programme can be tailored to different areas of New Zealand, or to different types of minerals, or even to different ways of exploring for or mining minerals. However, there can only be one programme for each mineral. If there is a conflict between a minerals programme and the Act or regulations, the Act or regulations take precedence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246316.

Topics:
Māori affairs > Treaty of WaitangiEnvironment and resources > Conservation
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Part 1AMinerals programmes

14Contents of minerals programmes

  1. A minerals programme—

  2. must specify the mineral or minerals to which it applies; and
    1. 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.

      1. A minerals programme—

      2. 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
        1. 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—
          1. general guidance on the scheme of the Act and the regulations; and
            1. 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
            2. 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.

              1. 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—

              2. to different areas within New Zealand; or
                1. to a mineral that occurs in different states, places, phases, or strata; or
                  1. to a mineral that is to be explored for or mined by substantially different methods.

                    1. A minerals programme must not be inconsistent with this Act or the regulations.

                    2. 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.

                    Notes
                    • Section 14: replaced, on , by section 18 of the Crown Minerals Amendment Act 2013 (2013 No 14).