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Crown Minerals Act 1991

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

36: Change to permit

You could also call this:

"The Minister can change your permit if you agree or ask for a change, and you get a new certificate."

Illustration for Crown Minerals Act 1991

The Minister can change a permit at any time if you agree to it. The Minister can also change a permit if you ask for a change or if the permit says the Minister can make changes. When the Minister changes a permit, they give you a certificate of change.

You can ask the Minister to change your permit to do things like amend the conditions, extend the land area, change the minerals you are looking for, or extend the time you have to do the work. If you want to extend the duration of your permit, you need to apply to the Minister before a certain time. The Minister might let you apply later if there are good reasons why you could not apply on time.

If the Minister is considering your application, your permit stays in force until they make a decision. When the Minister grants a certificate of change, they send a copy to you. In some cases, they also send a copy to the Registrar of the Māori Land Court, who then updates their records.

You need to follow the rules when you apply to change your permit. The Minister can extend the duration of your permit if you can show that you cannot finish the work before the permit expires. The Minister might also extend the duration of your permit to let you finish decommissioning or rehabilitation work.

The Minister can receive your application by a later date if they think there are compelling reasons why you could not apply on time. If the Minister declines your application, you will be in trouble if you did not follow the conditions of your permit while your application was being 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=DLM246348.

Topics:
Environment and resources > Conservation
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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Changes to permits

36Change to permit

  1. The Minister may, on any conditions that he or she thinks fit and at any time or times during the currency of a permit, change a permit by granting a certificate of change to the permit—

  2. with the prior written consent of the permit holder; or
    1. on the written application of the permit holder; or
      1. in the manner, if any, provided in the permit.

        1. A change to a permit may do 1 or more of the following:

        2. amend the conditions of the permit:
          1. extend the land to which the permit relates:
            1. change the minerals to which the permit relates:
              1. extend the duration of the permit.

                1. Repealed

                2. An application under subsection (1)(b) to extend the duration of an exploration permit for petroleum may only be made as provided by section 35A or to enable the holder of a permit relating to petroleum to complete their decommissioning obligations under subpart 2 of Part 1B, or the holder of a permit relating to minerals to complete mine-closure activities and rehabilitation work.

                3. An application under subsection (1)(b) to extend the duration of a mining permit in accordance with this section, or to extend the duration of an exploration permit under section 35A or to enable the holder of a permit relating to petroleum to complete their decommissioning obligations under subpart 2 of Part 1B, or the holder of a permit relating to minerals to complete mine-closure activities and rehabilitation work, must be received by the Minister not later than 6 months before the expiry of the permit.

                4. However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4), the Minister may receive an application by a later date agreed by the Minister.

                5. All other applications under subsection (1)(b) must be received by the Minister not later than 90 days before—

                6. the expiry date of the permit; or
                  1. in the case of an application to change the specified date by which specified work must be carried out, the specified date; or
                    1. in the case of an application to change the specified work that must be carried out by a specified date, the specified date.

                      1. However, if the Minister is satisfied that there are compelling reasons why a permit holder could not comply with subsection (4B), the Minister may receive an application by a later date agreed by the Minister (which date must not be later than the date of expiry of the permit or the specified date by which the specified work must be done).

                      2. If a permit holder makes an application to which subsection (4B)(b) or (c) applies, the permit holder does not contravene the condition that the permit holder has applied to change if the condition—

                      3. must be complied with or fulfilled while the application is being considered by the Minister; and
                        1. is not complied with or fulfilled while the application is being considered by the Minister.

                          1. However, if the application is declined, the permit holder contravenes the condition from the date on which the condition should have been complied with or fulfilled.

                          2. Subject to subsection (5AA), the duration of a mining permit may not be extended under this section unless the permit holder—

                          3. satisfies the Minister that the discovery to which the permit relates cannot be economically depleted before the expiry date of the permit (and in this respect the Minister may consider the extent to which the inability to deplete the discovery during the term of the permit is due to causes or reasons beyond the permit holder's control); and
                            1. where required to do so by the Minister, submits a work programme which is approved by the Minister in the same manner, with any necessary modifications, as a work programme is approved under section 43—
                                1. and any such extension shall be only for such period as the Minister considers reasonable to enable the permit holder to economically deplete the discovery.

                              1. The duration of any permit may be extended,—

                              2. if the permit relates to petroleum, to enable the permit holder to complete their decommissioning obligations under subpart 2 of Part 1B:
                                1. if the permit relates to minerals, to enable the permit holder to complete mine-closure activities and rehabilitation work.

                                  1. A permit that is the subject of an application for an extension of duration under this section or section 35A continues in force until the Minister determines the application.

                                  2. On the granting of a certificate of change in relation to a permit, the chief executive must forward 1 copy of the certificate of change to the permit holder.

                                  3. If the certificate of change is for an extension of land to which a permit relates and that extension of land was granted in respect of Māori land, the chief executive must also forward 1 copy of the certificate to the Registrar of the Māori Land Court.

                                  4. On receiving a copy of a certificate of change under subsection (5C), the Registrar of the Māori Land Court must enter in his or her records the particulars of that certificate.

                                  5. Every application under this section shall be in the form and contain the information required by the Minister in that case.

                                  Notes
                                  • Section 36(1): replaced, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(2): replaced, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(2A): repealed, on , by section 24(1) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                                  • Section 36(3): replaced, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(3): amended, on , by section 24(2) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                                  • Section 36(3): amended, on , by section 10(1) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
                                  • Section 36(4): replaced, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(4): amended, on , by section 24(3) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                                  • Section 36(4): amended, on , by section 10(2) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
                                  • Section 36(4A): replaced, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(4B): inserted, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(4C): inserted, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(4D): inserted, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(4E): inserted, on , by section 29(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(5): amended, on , by section 10(3) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
                                  • Section 36(5AA): inserted, on , by section 10(4) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
                                  • Section 36(5AA)(b): amended, on , by section 24(4) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                                  • Section 36(5)(a): amended, on , by section 29(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(5A): inserted, on , by section 5(3) of the Crown Minerals Amendment Act 2003 (2003 No 45).
                                  • Section 36(5A): amended, on , by section 29(3) of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(5B): inserted, on , by section 5(3) of the Crown Minerals Amendment Act 2003 (2003 No 45).
                                  • Section 36(5B): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(5C): inserted, on , by section 5(3) of the Crown Minerals Amendment Act 2003 (2003 No 45).
                                  • Section 36(5C): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                  • Section 36(5D): inserted, on , by section 5(3) of the Crown Minerals Amendment Act 2003 (2003 No 45).