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Crown Minerals Act 1991

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

32: Right of permit holder to subsequent permits

You could also call this:

"Getting a new permit after your first one, to keep exploring or start mining"

Illustration for Crown Minerals Act 1991

If you have a prospecting permit, you can apply for an exploration permit if you find something worth exploring. You need to show the Minister that your prospecting results are good enough to get an exploration permit. The Minister will then decide if you can surrender your prospecting permit and get an exploration permit instead.

If you get an exploration permit, you might be able to apply for a mining permit later. You will need to show the Minister that you have found a deposit of minerals that can be mined effectively and economically. A deposit is a concentration or accumulation of minerals that can be mined.

The Minister can limit the area of land for your new permit. You can only get a mining permit for land that has minerals that are not privately owned, except in some special cases, like when the minerals are owned by customary marine title groups, as provided for in section 83(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 and subject to section 84 of that Act.

When you apply for a new permit, your old permit stays valid until the Minister makes a decision. This means you can keep exploring or mining while you wait to hear back about your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246341.

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31: Right of permit holder to minerals, or

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

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33: Permit holder responsibilities, or

"What you must do if you have a mining permit"

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

32Right of permit holder to subsequent permits

  1. Subject to sections 22, 27, 29A, and 43, and subsection (7), and unless the prospecting permit expressly provides otherwise, if the holder of a prospecting permit satisfies the Minister that the results of his or her prospecting under the prospecting permit justifies the granting of an exploration permit in respect of any land and mineral to which the prospecting permit relates, the permit holder shall have the right, on applying under section 23A before the expiry of the prospecting permit, to surrender the permit insofar as it relates to that land and to be granted in exchange an exploration permit for that land and mineral.

  2. If an exploration permit is granted in accordance with subsection (1), and the prospecting permit in respect of which it is granted specified any condition to be included in such exploration permit, no other or additional condition which modifies or conflicts with that condition shall be included in the exploration permit without the consent of the permit holder.

  3. Subject to sections 22, 27, 29A, and 43, and subsection (7), and unless the exploration permit expressly provides otherwise, if the holder of an exploration permit satisfies the Minister that he or she has, as a result of activities authorised by the permit, discovered a deposit of a mineral to which the permit relates, the permit holder shall have the right, on applying under section 23A before the expiry of the exploration permit, to surrender the permit insofar as it relates to the land in which the deposit exists and to be granted in exchange a mining permit for that land and mineral.

  4. A permit granted in accordance with this section may be limited to such part of the land to which the current permit relates as the Minister determines is reasonably adequate to enable the activities authorised by the subsequent permit to be carried out.

  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.

  6. The condition must be included in the mining permit, unless the Minister and the holder of the exploration permit otherwise agree, and, subject to subpart 2 of Part 1B, 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.

  7. For the purposes of this section—

  8. an exploration permit shall be deemed to be an exploration permit and a prospecting permit; and
    1. a mining permit shall be deemed to be a mining permit and an exploration permit and a prospecting permit.

      1. The Minister may not grant an exploration permit or a mining permit under this section in respect of minerals that are privately owned except in the case of minerals owned by customary marine title groups, as provided for in section 83(2) of the Marine and Coastal Area (Takutai Moana) Act 2011 and subject to section 84 of that Act.

      2. 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.

      3. In this section, deposit means a concentration or an accumulation that is capable of being mined effectively and economically.

      Notes
      • Section 32(1): amended, on , by section 25(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
      • Section 32(1): amended, on , by section 25(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).
      • Section 32(1): amended, on , by section 6(1) of the Crown Minerals Amendment Act 1993 (1993 No 139).
      • Section 32(3): amended, on , by section 22(1) of the Crown Minerals Amendment Act 2025 (2025 No 40).
      • Section 32(3): amended, on , by section 25(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
      • Section 32(3): amended, on , by section 25(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).
      • Section 32(3): amended, on , by section 6(2) of the Crown Minerals Amendment Act 1993 (1993 No 139).
      • Section 32(4): amended, on , by section 25(3) of the Crown Minerals Amendment Act 2013 (2013 No 14).
      • Section 32(5): replaced, on , by section 25(4) of the Crown Minerals Amendment Act 2013 (2013 No 14).
      • Section 32(5A): inserted, on , by section 25(4) of the Crown Minerals Amendment Act 2013 (2013 No 14).
      • Section 32(5A): amended, on , by section 9 of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
      • Section 32(7): added, on , by section 6(4) of the Crown Minerals Amendment Act 1993 (1993 No 139).
      • Section 32(7): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
      • Section 32(8): inserted, on , by section 25(5) of the Crown Minerals Amendment Act 2013 (2013 No 14).
      • Section 32(9): inserted, on , by section 22(2) of the Crown Minerals Amendment Act 2025 (2025 No 40).