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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

76: Compensation for owners and occupiers

You could also call this:

"Money for land owners and users if mining affects their land"

Illustration for Crown Minerals Act 1991

If you own or occupy land, you are entitled to compensation if someone is allowed to prospect, explore, or mine on your land. You will get compensation for any harm or loss you suffer because of this work. This includes reimbursement for costs like negotiations and legal fees, loss of income, and a sum for loss of privacy and amenities.

You will also get reimbursement for costs to ensure the access arrangement is followed. An arbitrator will decide how much compensation you get, following the rules of the Public Works Act 1981. They will consider how the work affects your land and any comparable situations.

If you suffer loss or damage because of the work, you can claim full compensation from the permit holder. If you cannot agree on the amount, an arbitrator will decide, using the same rules as for access arrangements. The arbitrator can ask for information to help make this decision, and any information given must be kept confidential, as stated in section 75 and section 49(1) and section 66.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246741.

Topics:
Environment and resources > ConservationHousing and property > Land useMoney and consumer rights > Consumer protection
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75: Liability, or

"Arbitrators are protected from being taken to court for their decisions made in good faith."

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77: Compliance with access conditions, or

"Follow the rules when entering someone's 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

76Compensation for owners and occupiers

  1. Where a person is authorised to prospect, explore, or mine on or in land by a permit granted under this Act and by an access arrangement in respect of that land, the owner and occupier of the land are entitled to compensation from the permit holder for injurious affection and all other loss or damage suffered, or likely to be suffered, by them as a result of the grant of the permit or the exercise of the rights conferred by this Act, or by the permit, or by an access arrangement; and such compensation shall include all of the following:

  2. reimbursement of all reasonable costs and expenses incurred by the owner or occupier in respect of negotiations with the permit holder and all reasonable legal and valuation fees in respect of the determination of an access arrangement:
    1. reimbursement for loss of income:
      1. a sum by way of solatium for loss of privacy and amenities:
        1. reimbursement of all reasonable costs incurred in ensuring compliance with, and monitoring of, the access arrangement.

          1. In assessing the amount of compensation to which an owner or occupier is entitled under subsection (1), an arbitrator shall assess it in accordance with the provisions of the Public Works Act 1981, as if the commencement of activities on land under a permit were the taking of land within the meaning of that Act, except that—

          2. where any land damaged is flat land the use of which is necessary for the proper working of hill land, the extent to which the value of the hill land is affected shall, in addition, be taken into account; and
            1. where an Order in Council has been made under section 66 declaring that an arbitrator may determine an access arrangement, once the amount has been assessed in accordance with that Act and this section, the arbitrator shall also assess it in the light of any consideration agreed to be paid by the person desiring access, or any other person, to an owner or occupier in any comparable situation in respect of the same or a similar prospecting, exploration, or mining proposal, and shall then determine that the amount to be paid is to be the higher of the amounts so assessed.

              1. For the purposes of subsection (2)(b)—

              2. the owner and occupier and any other person may give such information to the arbitrator as they possess:
                1. the arbitrator may require the person desiring access to give such information to the arbitrator as the arbitrator determines regarding the consideration agreed to be paid by that person for an access arrangement entered into with any other owner and occupier in any comparable situation.

                  1. Any information provided by a person to an arbitrator pursuant to subsection (3)(b) shall be treated as confidential by the arbitrator, and section 75 shall not apply in respect of any breach of such confidentiality by the arbitrator.

                  2. If a person desiring access fails or refuses to give any information pursuant to subsection (3)(b) to the arbitrator's satisfaction, within such reasonable period as is specified by the arbitrator, the arbitrator shall refuse to determine an access arrangement.

                  3. In considering the provision of compensation as part of an access arrangement, an arbitrator shall have regard to any monetary or non-monetary compensation offered to the owner or occupier by a person desiring access.

                  4. Where an owner or occupier suffers loss, injury, or damage due to the activities of a permit holder or of a person authorised under section 49(1) carried out on the owner's or occupier's land, and the permit holder entered the land under the authority of an access arrangement or of section 49, the owner or occupier shall be entitled to and may claim full compensation against the permit holder or person authorised for all loss, injury, or damage suffered by him or her as a consequence of such activities to the extent that compensation for such activities has not already been provided for in an access arrangement.

                  5. In default of agreement between the parties, compensation payable under subsection (7) shall be assessed and determined by an arbitrator appointed in the same manner as for the determination of an access arrangement; and the provisions of this Act relating to the determination of an access arrangement shall, with all necessary modifications, apply accordingly.