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Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations

26: Priority of applications if more than 1 made and no minerals programme

You could also call this:

"What happens if lots of people apply for the same mining permit at the same time?"

Illustration for Crown Minerals Act 1991

If you apply for a permit to mine a mineral and someone else applies for the same thing, the person who applied first gets priority. The chief executive gets to decide who applied first if it seems like you both applied at the same time. You keep this priority until your application is approved, declined, or you withdraw it.

If someone puts in a tender for a permit after you applied, you still have priority over them. However, if you applied on or after the day the tender was announced, you do not have priority over the tender. The chief executive does not have to process your application if someone else's application is being considered first.

You should note that the chief executive can delay processing your application if it is not the first one they are considering. The law says the chief executive is not obligated to work on your application if it is second or later in line. This means you might have to wait until the other applications are dealt with before yours is considered.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246333.

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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations

26Priority of applications if more than 1 made and no minerals programme

  1. Subject to the provisions of this Act, if more than 1 application is made for a permit in respect of all or part of the same land and in respect of a common mineral, and there is no minerals programme for that mineral, the applicant whose application is first received by the chief executive shall have a right in priority over every other applicant to have a permit granted in respect of such land and mineral.

  2. If 2 or more applications in respect of the same or partly the same land and a common mineral appear to have been received at the same time, the applicant to have a prior right shall be determined as the Minister thinks fit.

  3. Every applicant who has a right of priority under this section shall retain the right until that application has been finally disposed of by being granted, refused, or withdrawn.

  4. An applicant shall not have a right of priority under this section over any tender for a permit in respect of the same or partly the same land and a common mineral if that application was received on or after the date of publication of the notice of offer of the permit to which any such tender relates.

  5. The chief executive shall be under no obligation to process an application for a permit while it is in second or subsequent priority to another application.

Notes
  • Section 26(1): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
  • Section 26(3): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
  • Section 26(4): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
  • Section 26(5): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).