Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Work programmes in respect of subsequent permits

44: Duty of Minister withholding approval of work programme

You could also call this:

"Minister must explain why they don't approve your work plan and give you a chance to fix it"

Illustration for Crown Minerals Act 1991

If the Minister does not want to approve a work programme, they must tell you why and give you a chance to say something about it. You can refer the matter to arbitration under section 99 if the Minister does not approve your work programme. The Minister will make a decision based on what is decided under section 99 and section 22.

If it is decided that your work programme is not a good idea, the Minister will tell you they plan to decline your application unless you can submit a modified work programme within three months. The Minister must approve this new programme for your application to go ahead. You can submit a modified work programme within three months, or a longer time decided by the Minister.

If it is decided that your work programme is a good idea, the Minister will approve it right away. This decision is based on what is decided under section 99 and section 22. The Minister's decision will depend on whether your programme follows good industry practice and meets the requirements of section 22.

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This page was last updated on 14 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246378.

Topics:

Environment and resources > ConservationBusiness > Industry rules

43: Work programmes to be approved by Minister, or

"The Minister must approve your work plan before you can get a permit."

45: Minister may direct that petroleum be refined and processed in New Zealand, etc, or

"The Minister can require petroleum to be refined in New Zealand if it benefits the country."

Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Work programmes in respect of subsequent permits

44Duty of Minister withholding approval of work programme

The Minister shall not withhold approval of any work programme or modified work programme under section 43 without first advising the applicant of the reasons for the Minister's proposed withholding of approval and affording the applicant a reasonable opportunity to make representations to him or her regarding the work programme or modified work programme.
If the Minister withholds approval of a work programme or modified work programme under section 43, the applicant may refer the matter to arbitration under section 99.
If it is determined under section 99 that it would be contrary to good industry practice to carry out the work programme or modified work programme submitted by the applicant, or the Minister would be acting contrary to section 22 in approving the programme, the Minister shall give notice to the applicant of his or her intention to decline the application unless—
a modified work programme is submitted to the Minister within 3 months after the date of the notice or within such longer period as the Minister may, in his or her discretion, determine in the notice; and
the modified work programme is approved by the Minister.

Where it is determined under section 99 that it would not be contrary to good industry practice to carry out the work programme or modified work programme submitted by the applicant, or the Minister would not be acting contrary to section 22 in approving the programme, the Minister shall forthwith approve that programme.

Notes

Section 44(3): amended, on 24 May 2013, by section 36 of the Crown Minerals Amendment Act 2013 (2013 No 14).
Section 44(4): amended, on 24 May 2013, by section 36 of the Crown Minerals Amendment Act 2013 (2013 No 14).