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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

58: Disputes as to classification of land and activities

You could also call this:

"Sorting out disagreements about land use and activities"

Illustration for Crown Minerals Act 1991

If you have a disagreement about how land is classified or what activities are allowed on it, you can take it to the District Court to decide. You might disagree about whether land is included in a certain class, as mentioned in section 55, or whether an activity is a minimum impact activity. You can also disagree about whether prospecting, exploration, or mining under the surface of land is considered the same as doing it on or in the land, as referred to in sections 53 to 54A.

When you apply to the District Court, you must give at least 10 days' written notice to all the other people involved in the disagreement. The court will then let you and the other people know when and where the hearing will take place. You and the other people involved will be able to attend the hearing and say what you think about the matter.

The District Court will hear what you have to say and make a decision about the disagreement.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246711.

Topics:
Environment and resources > ConservationHousing and property > Land use
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"What it means to enter land for mining or prospecting in New Zealand"

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59: Notice of request for grant of right of access, or

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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

58Disputes as to classification of land and activities

  1. If any dispute arises as to whether or not—

  2. any land is included in a class of land referred to in section 55; or
    1. any activity is a minimum impact activity; or
      1. prospecting, exploration, or mining carried out below the surface of any land constitutes prospecting, exploration, or mining on or in land for the purposes of any of sections 53 to 54A—
          1. a party to the dispute may apply to the District Court for that court to determine the matter.

        1. At least 10 days' notice in writing of any such application shall be given by the applicant to every other party to the dispute.

        2. On the receipt of any such application, the Registrar of the District Court shall give notice of the time and place fixed for the hearing of the application to the applicant and every other party to the dispute.

        3. The applicant and every other party to the dispute shall be entitled to be present and to be heard at the hearing of the application.

        Notes
        • Section 58(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
        • Section 58(1)(c): amended, on , by section 16 of the Crown Minerals Amendment Act 2019 (2019 No 2).