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Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Access to land other than for minimum impact activity

57: Meaning of entry on land

You could also call this:

"What it means to enter land for mining or prospecting in New Zealand"

Illustration for Crown Minerals Act 1991

When you are talking about entering land for prospecting, exploration, or mining, it does not count as entering the land if you are doing it below the surface. This rule applies if you are not likely to damage the surface of the land or cause any loss to the owner or occupier of the land. You can find more information about this in sections 53 to 54A.

If you are doing something below the surface, it also does not count as entering the land if you are not likely to affect how the owner or occupier uses the land. This means you should not stop them from enjoying their land or using it as they normally would. You should also think about how your actions might affect the land in the future.

Remember, these rules are important when you are thinking about entering land for prospecting, exploration, or mining, and you can learn more about them in the Crown Minerals Act 1991.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246710.

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"Rules for accessing someone's land when you have an agreement"

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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Access to land other than for minimum impact activity

57Meaning of entry on land

  1. For the purposes of sections 53 to 54A, prospecting, exploration, or mining carried out below the surface of any land shall not constitute prospecting, exploration, or mining on or in land if it—

  2. will not or is not likely to cause any damage to the surface of the land or any loss or damage to the owner or occupier of the land; or
    1. will not or is not likely to have any prejudicial effect in respect of the use and enjoyment of the land by the owner or occupier of the land; or
      1. will not or is not likely to have any prejudicial effect in respect of any possible future use of the surface of the land.

        Notes
        • Section 57: amended, on , by section 15 of the Crown Minerals Amendment Act 2019 (2019 No 2).