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

59: Notice of request for grant of right of access

You could also call this:

"Telling a landowner you want to explore or mine on their land: what you need to do"

Illustration for Crown Minerals Act 1991

If you want to explore or mine on someone else's land, you must tell the owner and the person using the land that you want to do this. You must give them a written notice saying what you plan to do. Your notice must include details like which land you want to use, why you want to use it, and what work you plan to do. You also need to say how your work might affect the land or the people using it, and what you will do to stop or fix any problems.

You must also tell the owner and the person using the land what kind of permit you have or are applying for, and if your work will benefit New Zealand in any way. If you are planning to use Crown land or land in the common marine and coastal area, you must say what benefits your work will bring. If you do not follow these rules when asking to use someone's land, any agreement you make with them might not be valid unless they agree to ignore the mistake.

If you make a mistake when asking to use someone's land and they do not waive the mistake in writing, your agreement to use their land will not be valid. You can find more information about the rules for using Crown land in the Crown Minerals Amendment Act 2013.

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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=DLM246712.

Topics:

Environment and resources > ConservationHousing and property > Land use

58: Disputes as to classification of land and activities, or

"Sorting out disagreements about land use and activities"

60: Grant of right of access by access arrangement, or

"Agreeing to use someone's land to explore or mine with rules and conditions"

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

59Notice of request for grant of right of access

Every person wishing to obtain an access arrangement in order to prospect, explore, or mine on or in land shall serve on each owner and occupier of the relevant land a notice in writing of that person's intention to obtain an access arrangement.
Every notice under subsection (1) shall, in addition to matters required by regulations, specify—
the land affected; and
the purpose for which the right of access is required; and
the proposed programme of work including the type and duration of work to be carried out and the likely adverse effect on the land or the owner or occupier of the land; and
the compensation and safeguards against any likely adverse effects proposed; and
the type of permit held or applied for by the person giving the notice; and
if the notice relates to access to Crown land or land in the common marine and coastal area, the direct net economic and other benefits of the proposed activity in relation to which the access arrangement is sought.

Where an access arrangement is obtained by way of agreement, and the requirements of this section were not complied with in a material way, then such agreement shall be of no force or effect unless the non-compliance is waived in writing by the owner or occupier affected.

Notes

Section 59(2)(e): amended, on 24 May 2013, by section 40(1) of the Crown Minerals Amendment Act 2013 (2013 No 14).
Section 59(2)(f): inserted, on 24 May 2013, by section 40(2) of the Crown Minerals Amendment Act 2013 (2013 No 14).