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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

66: Declaration by Order in Council that access arrangement may be determined by arbitrator

You could also call this:

"Government can help decide land access if owner and user can't agree"

Illustration for Crown Minerals Act 1991

If you have a permit to use someone's land, you need to make an arrangement with the owner to access the land. You must do this within 60 days of telling the owner you want to use the land, as stated in section 59. If you cannot agree, you can ask for help from an arbitrator.

The arbitrator can help you and the owner make an arrangement, but only if the Minister thinks it is in the public interest. The Minister will tell the owner about your request and why you think it is in the public interest. You can read more about what the Minister considers public interest in the Waikato Raupatu Claims Settlement Act 1995.

If the owner still does not agree, the Governor-General can make an order to let the arbitrator help you make an arrangement. This order is a type of law, and you can learn more about it in Part 3 of the Legislation Act 2019. The arbitrator's decision will be final and will apply to the land in question.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246730.

Topics:
Environment and resources > ConservationHousing and property > Land use
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"Having your say at a land access hearing"

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

66Declaration by Order in Council that access arrangement may be determined by arbitrator

  1. If—

  2. the owner or occupier of any land which is subject to a permit fails or refuses to enter into an access arrangement with the holder of the permit in respect of such land by the end of 60 days after the holder has served on the owner or occupier a notice of intention to obtain an access arrangement as specified in section 59; and
    1. the land is not Maori land, or land registered in the name of Pootatau Te Wherowhero under section 19 of the Waikato Raupatu Claims Settlement Act 1995, or land defined as private land by section 5(1) of the Mining Act 1971, or a class of land to which any of paragraphs (a) to (g) of section 55(2) relate—
        1. the permit holder may apply to the chief executive for a declaration by the Governor-General that an arbitrator may proceed to determine an access arrangement between the permit holder and owner or occupier in respect of the land concerned, on the grounds of the public interest.

      1. On receiving an application under subsection (1), the chief executive shall report on it to the Minister.

      2. If the Minister, after considering the application and the chief executive's report, considers that there are sufficient public interest grounds to support the application, the Minister shall cause to be served on the owner and occupier of the land a notice in writing of the application, and of the Minister's preliminary views, and stating that the owner and occupier have a period of 3 months, after the date on which the notice was served, to either—

      3. enter into an access arrangement with the permit holder; or
        1. consent in writing to an arbitrator determining an access arrangement; or
          1. make representations to the Minister as to why a declaration should not be made under this section.

            1. A notice under subsection (3) shall specify the land to which it relates and the public interest grounds which the Minister considers support the application, and shall have attached to it a copy of the application.

            2. If, within the period of 3 months referred to in subsection (3),—

            3. an access arrangement between the permit holder and the owner and occupier is not entered into; or
              1. the owner and occupier do not consent to an arbitrator determining an access arrangement—
                  1. the Governor-General, within 3 months after the expiry of that period, may by Order in Council on the joint advice of the Minister and the Minister for the Environment (if the Governor-General on such advice considers it to be in the public interest to do so) declare that an arbitrator may proceed to determine an access arrangement between the permit holder and owner and occupier in respect of the land specified in the notice, or any part of it.

                1. A consent given or declaration made under this section shall entitle an arbitrator to proceed to determine an access arrangement between the applicant under this section and the owner and occupier of the land concerned; and any such arrangement shall be effective in respect of the land to which it relates.

                2. An order under subsection (5) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 66(1): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                • Section 66(1)(b): amended, on , by section 36 of the Waikato Raupatu Claims Settlement Act 1995 (1995 No 58).
                • Section 66(2): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                • Section 66(3): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                • Section 66(5): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                • Section 66(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).