Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Conditions of permits

30: Rights to prospect, explore, mine

You could also call this:

"Looking for and extracting minerals on land with a permit"

Illustration for Crown Minerals Act 1991

If you have a prospecting permit, you can look for minerals in the land stated in the permit. You can do this whether the mineral is owned by the Crown or a private owner. You must follow the conditions in the permit. If you have an exploration permit, you can look for and explore Crown-owned minerals in the land. You must follow the conditions in the permit. You also have the same rights as a prospecting permit holder. If you have a mining permit, you can mine Crown-owned minerals in the land. You must follow the conditions in the permit. You also have the same rights as an exploration permit holder. If your mining permit only allows you to mine a specific discovery, you can only mine that discovery. If you make another discovery, you can apply for a new mining permit to mine that discovery. You must tell the Minister in writing within 12 months of making the new discovery. The Minister will tell you how long you have to apply for a new permit. You can only get a new permit if you follow the conditions and time frame set by the Minister. Usually, the rights to prospect, explore, or mine are only for the permit holder. No one else can get a permit for the same land and mineral without the permit holder's consent.

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"The Minister must consider feedback from iwi or hapū when deciding on your permit application."


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31: Right of permit holder to minerals, or

"What you own if you find minerals with a permit"

Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Conditions of permits

30Rights to prospect, explore, mine

  1. Subject to section 8, the holder of a current prospecting permit shall have a right to prospect for the mineral, in the land, and on the conditions, stated in the permit, whether the mineral is owned by the Crown or privately owned.

  2. Subject to section 8, the holder of a current exploration permit shall have the rights of a holder of a current prospecting permit and, in addition, a right to explore for the Crown owned mineral, in the land, and on the conditions, stated in the permit.

  3. Subject to section 8 and subsections (4) and (5), the holder of a mining permit shall have the rights of a holder of a current exploration permit and, in addition, a right to mine the Crown owned mineral, in the land, and on the conditions, stated in the permit.

  4. Where a mining permit states that the right to mine only applies to a specified discovery of a mineral, the right to mine shall only extend to that discovery.

  5. Where a mining permit states that the right to mine only applies to a specified discovery of a mineral, and the holder of the permit makes a further discovery in relation to a mineral and land to which the permit relates, the permit holder shall only have a right to receive a mining permit in accordance with section 32 in relation to that discovery—

  6. if within 12 months after making the further discovery, the permit holder notifies the Minister in writing of the making of the discovery and that the permit holder is interested in applying for a permit to mine the discovery; and
    1. within the period notified to the permit holder under subsection (6).
      1. On receiving a notice from a permit holder under subsection (5), the Minister shall notify the permit holder in writing of the period which in the Minister's opinion is reasonable to allow for—

      2. the carrying out of the necessary appraisal work in respect of the discovery; and
        1. the preparation of a work programme for the mining of the discovery (unless the permit is a Tier 3 permit); and
          1. the consideration and granting of an application for a permit to mine the discovery.
            1. Subject to subsection (8) and unless the permit expressly provides otherwise, the rights referred to in subsections (1) to (3) are exclusive to the permit holder.

            2. A permit conferring all or any of the same rights as a current permit in respect of all or part of the same land and the same mineral may only be granted to a person other than the holder of the current permit with the prior written consent of the current permit holder.

            Notes
            • Section 30(1): amended, on , by section 5 of the Crown Minerals Amendment Act 1993 (1993 No 139).
            • Section 30(2): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
            • Section 30(3): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
            • Section 30(5): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
            • Section 30(6)(b): amended, on , by section 21 of the Crown Minerals Amendment Act 2025 (2025 No 40).
            • Section 30(8): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).