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

61B: Access arrangements in respect of Crown land where mineral not property of the Crown

You could also call this:

"Agreements to access minerals on Crown land that the Crown doesn't own"

Illustration for Crown Minerals Act 1991

If you want to access a mineral on Crown land that the Crown does not own, the Minister can make an agreement to let you in. The Minister must think about the reasons the land is being used, what the Crown wants to do with the land, and any plans the Crown has for the land. The Minister also thinks about how to protect the land from any bad effects of your work, and what you or the mineral owner want.

You might not need to make an agreement if you already have the right to use the Crown land under the Resource Management Act 1991. This is the case if you have the right to exclusive occupation of the land in the coastal marine area, as defined in section 2(1) of that Act. The Minister will look at all the relevant information when deciding whether to let you access the mineral.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246723.


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61A: Access to Crown land where mineral not property of the Crown, or

"Looking for minerals on Crown land that the Crown doesn't own: you need a special arrangement"


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61C: Public notification of certain access arrangements, or

"Telling the public about plans to mine on Crown land"

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

61BAccess arrangements in respect of Crown land where mineral not property of the Crown

  1. The appropriate Minister may, by agreement, enter into an access arrangement in respect of Crown land for the purpose of granting access to any mineral that is not the property of the Crown.

  2. In considering whether to agree to an access arrangement in respect of Crown land for that purpose, the appropriate Minister must have regard to—

  3. the objectives of any Act under which the land is administered; and
    1. any purpose for which the land is held by the Crown; and
      1. any policy statement or management plan of the Crown in relation to the land; and
        1. the safeguards against any potential adverse effects of carrying out the proposed programme of work in relation to the mineral; and
          1. the interests of the owner of the mineral, or of any person to whom the owner of the mineral has granted any rights in relation to the mineral, in obtaining access to that mineral; and
            1. such other matters as the appropriate Minister considers relevant.
              1. Where the owner of the mineral or any person to whom the owner of the mineral has granted any rights in relation to the mineral, as the case may be, has secured the right, under the Resource Management Act 1991, to exclusive occupation of Crown land in the coastal marine area (as defined in section 2(1) of that Act), it is not necessary for the owner of the mineral or that person to enter into an access arrangement in respect of that land.

              Notes
              • Section 61B: inserted, on , by section 3 of the Crown Minerals Amendment Act 1997 (1997 No 82).
              • Section 61B(3): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).