Crown Minerals Act 1991

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

35: Duration of permit

You could also call this:

"How long your mining or exploration permit lasts"

Illustration for Crown Minerals Act 1991

When you have a prospecting permit, it expires after four years from the start date on the permit. If the permit says it expires earlier, it will expire on that date. You cannot extend a prospecting permit for more than four years from the start date.

If you have an exploration permit for petroleum, it expires after 15 years from the start date on the permit. If the permit says it expires earlier, it will expire on that date. You can extend an exploration permit for petroleum, but only in accordance with section 35A.

For an exploration permit for minerals other than petroleum, it expires after 10 years from the start date on the permit. If the permit says it expires earlier, it will expire on that date. You can extend this type of permit, but only in accordance with section 35A.

A mining permit, except a Tier 3 permit, expires after 40 years from the start date on the permit. If the permit says it expires earlier, it will expire on that date. You can extend a mining permit, but only in accordance with section 36(1), (2), and (5).

A Tier 3 permit expires after 10 years from the start date on the permit. If the permit says it expires earlier, it will expire on that date. You can extend a Tier 3 permit, but only in accordance with section 36(1) and (2) and section 36A.

If you are the holder of a Tier 1 or Tier 2 permit, the Minister can change the start date of your permit. The Minister will do this if you have been stopped from starting work on the permit because you were waiting for consents or access to land, and it was not your fault.

If the Minister changes the start date of your permit, the new start date will be written on the permit.

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This page was last updated on 1 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246346.

Topics:

Environment and resources > Farming and fishingEnvironment and resources > Town planningBusiness > Industry rules

34: Financial return to the Crown, or

"Paying the government for using New Zealand's minerals and resources"

35A: Appraisal extension of exploration permits, or

"Asking for more time to explore an area you think might have minerals"

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

35Duration of permit

A prospecting permit expires—
4 years after the commencement date specified in the permit; or
if an earlier expiry date is specified in the permit, on that date.

A prospecting permit may not be extended beyond 4 years after the commencement date specified in the permit.
An exploration permit for petroleum expires—
15 years after the commencement date specified in the permit; or
if an earlier expiry date is specified in the permit, on that date.

An exploration permit for petroleum may be extended only in accordance with section 35A.
An exploration permit for minerals other than petroleum expires—
10 years after the commencement date specified in the permit; or
if an earlier expiry date is specified in the permit, on that date.

An exploration permit for minerals other than petroleum may not be extended beyond 10 years after the commencement date specified in the permit, unless extended further under section 35A.
A mining permit (except a Tier 3 permit) expires—
40 years after the commencement date specified in the permit; or
if an earlier expiry date is specified in the permit, on that date.

A mining permit (except a Tier 3 permit) may be extended only in accordance with section 36(1), (2), and (5).
A Tier 3 permit expires—
10 years after the commencement date specified in the permit; or
if an earlier expiry date is specified in the permit, on that date.

A Tier 3 permit may be extended only in accordance with section 36(1) and (2) and section 36A.
The Minister may, on the application of the holder of a Tier 1 permit or a Tier 2 permit, amend the commencement date of the permit, and subsection (1), (3), (5), or (7) applies accordingly, if the Minister is satisfied that—
the permit holder has been prevented from commencing activities under the permit by—
1. delays in obtaining consents under any Act; or
2. delays in obtaining access to land under this Act; and
those delays have not been caused or contributed to by default on the part of the permit holder.

If the Minister amends the commencement date of a permit under subsection (9), the new commencement date must be specified in the permit.

Notes

Section 35: replaced, on 24 May 2013, by section 27 of the Crown Minerals Amendment Act 2013 (2013 No 14).
Section 35(7): amended, on 25 September 2025, by section 23(1) of the Crown Minerals Amendment Act 2025 (2025 No 40).
Section 35(8): amended, on 25 September 2025, by section 23(2) of the Crown Minerals Amendment Act 2025 (2025 No 40).
Section 35(8A): inserted, on 25 September 2025, by section 23(3) of the Crown Minerals Amendment Act 2025 (2025 No 40).
Section 35(8B): inserted, on 25 September 2025, by section 23(3) of the Crown Minerals Amendment Act 2025 (2025 No 40).
Section 35(9): amended, on 25 September 2025, by section 23(4) of the Crown Minerals Amendment Act 2025 (2025 No 40).
Section 35(9)(a): replaced, on 6 August 2025, by section 23(5) of the Crown Minerals Amendment Act 2025 (2025 No 40).