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Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Notation on land titles

86: Notation of mineral ownership on land titles

You could also call this:

"Noting who owns minerals under a piece of land on the land title record"

Illustration for Crown Minerals Act 1991

You can ask the Registrar-General of Land to note who owns the minerals under a piece of land on the land title record. You need to fill out a form as prescribed under the Land Transfer Act 2017 and pay a fee. The Registrar-General of Land will then make sure the information about who owns the minerals is added to the land title record.

When you apply or lodge certain documents with the Registrar-General of Land, they will update the land title record with the mineral ownership information. This includes when you transfer or deal with mineral ownership, or when land is being taken from the Crown. The Registrar-General of Land will do their best to make sure the information is correct.

If the Registrar-General of Land needs more information to update the record, they can ask you for plans or details, and you may need to pay another fee as prescribed under the Land Transfer Act 2017. Usually, the Registrar-General of Land will only accept this information if it has been checked by the Surveyor-General.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM246761.

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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Notation on land titles

86Notation of mineral ownership on land titles

  1. Any person may apply to the Registrar-General of Land to have entered on any record of title registered or lodged in the office of the Registrar-General of Land for an estate in fee simple, the particulars of the ownership of all or any of the minerals in the land to which the estate in fee simple relates.

  2. Every application under subsection (1) shall be in the form prescribed under the Land Transfer Act 2017 and shall be lodged with the Registrar-General of Land together with any fee prescribed by regulations under the Land Transfer Act 2017.

  3. On the lodging with the Registrar-General of Land of—

  4. an application under subsection (1); or
      1. an instrument evidencing a transfer of or dealing with the ownership of a mineral; or
        1. an instrument having the effect of alienating land from the Crown,—
            1. the Registrar-General of Land shall ensure, to the extent he or she is able, that the particulars of the ownership of the minerals in the land concerned are entered on every record of title for an estate in fee simple in that land.

          1. Where the Registrar-General of Land considers that he or she does not have available to him or her sufficient information on the ownership of the minerals in any land to carry out his or her duty under subsection (3), he or she may require the deposit of such plans or the supply of such information as he or she considers reasonably necessary, together with such further fees as may be prescribed by regulations under the Land Transfer Act 2017. Unless the Registrar-General of Land otherwise directs in any particular case, such plans or information shall not be accepted by the Registrar-General of Land until they have been certified as correct by the Surveyor-General.

          2. Repealed
          Notes
          • Section 86(1): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 86(1): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
          • Section 86(2): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 86(2): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
          • Section 86(3): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 86(3): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
          • Section 86(3)(b): repealed, on , by section 14(1) of the Crown Minerals Amendment Act 2003 (2003 No 45).
          • Section 86(4): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
          • Section 86(4): amended, on , by section 64 of the Crown Minerals Amendment Act 2013 (2013 No 14).
          • Section 86(5): repealed, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).