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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

41: Transfer of interest in permit

You could also call this:

"Selling or giving away part of a mining permit: how to get permission"

Illustration for Crown Minerals Act 1991

If you want to transfer part or all of your interest in a permit, you need to get the Minister's consent. You must apply for this consent with the person you are transferring the interest to. You have to make this application within three months of agreeing to the transfer.

When you apply, you need to give the Minister a copy of your transfer agreement. You also need to tell the other permit participants that you are applying for consent. The Minister might ask the person you are transferring the interest to for a statement of financial capability, which is a document that shows they have enough money to meet their obligations.

The Minister needs to be sure the person you are transferring the interest to can comply with the permit conditions and other obligations, such as those outlined in section 89D and subparts 2 and 3 of Part 1B. Before giving consent, the Minister might also require an outgoing guarantee as per section 41I. If the Minister consents to the transfer, it will be recorded on the permit and will take effect on the date specified in section 2(5).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246363.

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

41Transfer of interest in permit

  1. The transfer of all or part of a participating interest in a permit requires the consent of the Minister under this section.

  2. An application for consent to a transfer must—

  3. be made jointly by the relevant permit participant and the transferee; and
    1. be made within 3 months after the date of the agreement that contains the transfer; and
      1. be accompanied by a copy of the agreement that contains the transfer; and
        1. be accompanied by evidence of the notification required under subsection (3).

          1. Before or at the same time as the application is made, the permit participant must notify any other permit participants that it has applied for consent to the transfer.

          2. If so required by the Minister, the transferee must provide to the Minister—

          3. a statement, signed by or on behalf of the transferee, in which the person signing the statement must confirm that the transferee has the financial capability to meet its obligations under the permit (a statement of financial capability); and
            1. any specified supporting information.

              1. If the transferee is a company, a statement of financial capability must be signed on behalf of all the directors by at least 2 directors of the company or, if the company has only 1 director, by that director.

              2. Before granting consent, the Minister must be satisfied that the transferee is highly likely to be able to comply with—

              3. the conditions of, and give proper effect to, the permit; and
                1. in the case of a permit as defined in section 89D, the relevant obligations in subparts 2 and 3 of Part 1B.

                  1. Before granting consent, if the Ministers require an outgoing guarantee under section 41I, an outgoing guarantee that the Minister considers to be appropriate must have been provided in accordance with that requirement.

                  2. The chief executive must record the transfer of any participating interest consented to by the Minister under this section on the permit concerned and the transfer is effective, for the purposes of the permit, this Act, and the regulations on the date specified in section 2(5).

                  Notes
                  • Section 41: replaced, on , by section 33 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                  • Section 41(6): replaced, on , by section 14 of the Crown Minerals Amendment Act 2023 (2023 No 53).
                  • Section 41(6A): inserted, on , by section 28(1) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                  • Section 41(7): amended, on , by section 28(2) of the Crown Minerals Amendment Act 2025 (2025 No 40).