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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

79: Absentee or unknown owner of minerals

You could also call this:

"What happens when you want to buy minerals but don't know who owns them"

Illustration for Crown Minerals Act 1991

If you want to buy minerals from someone, but you do not know who the owner is, you can ask the High Court for help. The High Court can tell Public Trust to act on behalf of the owner. Public Trust is like a helper that makes sure the owner's interests are looked after. You will need to pay a fair price for the minerals, and Public Trust will make sure the owner gets the money. If there is a problem with who should get the money, Public Trust can ask the High Court what to do.

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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=DLM246746.

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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

79Absentee or unknown owner of minerals

  1. If any person desires to enter into an agreement with the owner of a mineral estate for the purpose of acquiring title to or any interest in the mineral estate, and if the owner is—

  2. unknown; or
    1. of unknown whereabouts and has no known agent; or
      1. an infant, a mentally disordered person, or a person under some other legal disability,—
          1. then in the absence of steps taken to appoint a person to represent the owner and after notifying Public Trust, the person desiring to acquire the title or interest may apply to the High Court for an order authorising Public Trust to act as if it were the agent of the mineral owner.

        1. On the making of such an order, Public Trust may enter into an agreement with the applicant for the purchase at fair market value of the title to or any interest in the mineral estate.

        2. Public Trust shall not enter into an agreement with the applicant for the purchase of the title to or any interest in the mineral estate if he or she considers an offer at fair market value has not been made.

        3. Any money payable pursuant to any such agreement shall be paid to Public Trust, and Public Trust, after deducting any fair and reasonable costs incurred by it in relation to the agreement, shall hold the remaining money on behalf of the person represented by it.

        4. If any doubt or dispute arises as to the rights of any person to receive the money held by Public Trust under this section, Public Trust may apply to the High Court for an order instructing Public Trust how to deal with and apply any such money.

        Notes
        • Section 79(1): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 79(2): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 79(3): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 79(4): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).
        • Section 79(5): amended, on , by section 170(1) of the Public Trust Act 2001 (2001 No 100).