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Crown Minerals Act 1991

Preliminary provisions - Interpretation and application

2B: Meaning of Tier 1 permit, Tier 2 permit, and Tier 3 permit

You could also call this:

"What Tier 1, Tier 2, and Tier 3 permits mean in the Crown Minerals Act"

Illustration for Crown Minerals Act 1991

When you hear about Tier 1 permits, Tier 2 permits, and Tier 3 permits, you are talking about different types of permits in the Crown Minerals Act 1991. A Tier 1 permit is a special kind of permit that includes permits for exploring or mining certain minerals, like those listed in Schedule 5. It also includes permits for exploring or mining in certain areas, like underground or under the sea.

You get a Tier 2 permit if your permit is not a Tier 1 permit or a Tier 3 permit. A Tier 3 permit is for mining gold in a river, on a beach, or both, and it has some specific rules, like only being allowed in a small area and following a certain work programme set out in section 2BA.

When the Minister is making decisions about permits, they consider the whole life of the permit, including any extensions. In this law, a river includes a stream or creek, as mentioned in sections 2BA and 29AB.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5224035.

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2A: Meaning of appropriate Minister, or

"Who is the Minister in charge of certain lands and areas in New Zealand?"

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2BA: Work programme for Tier 3 permits, or

"Rules for small-scale gold mining with a Tier 3 permit"

Part 1Preliminary provisions
Interpretation and application

2BMeaning of Tier 1 permit, Tier 2 permit, and Tier 3 permit

  1. In this Act, Tier 1 permit means the following permits:

  2. a prospecting, exploration, or mining permit that relates to petroleum:
      1. an exploration permit that relates to a mineral listed in the first column of Schedule 5, unless the expected total work programme expenditure in relation to the permit for the final 5 permit years of its life, or for the entire duration of its life if the permit is for less than 5 permit years, is, in the Minister's estimation, less than the amount specified for the mineral in the second column of that schedule:
        1. a mining permit that relates to a mineral listed in the first column of Schedule 5, if, in any 1 permit year in the next 5 permit years of its life, the annual royalty or annual production in relation to the permit will be, in the Minister's estimation, equal to or more than the amount specified in the third or fourth column of that schedule:
          1. an exploration or mining permit that (irrespective of the type of mineral to which the permit relates, the year of the permit's life, or any threshold amounts specified for the mineral to which the permit relates in Schedule 5)—
            1. relates to an underground operation or an operation that is (whether wholly or partially) 50 metres or more beyond the seaward side of the mean high-water mark; and
              1. is not for a special purpose mining activity.

              2. In this Act, Tier 2 permit means a permit that is not a Tier 1 permit or a Tier 3 permit.

              3. In this Act, Tier 3 permit means a permit that—

              4. authorises mining for gold in the bed of a river, on a beach, or both; and
                1. does not authorise mining for any other mineral; and
                  1. applies to an area not exceeding 50 continuous hectares; and
                    1. authorises work in accordance with the work programme set out in section 2BA; and
                      1. is not a Tier 1 permit.

                        1. For the purposes of the Minister making an estimate for the purposes of subsection (1)(c) or (d), the life of a permit includes any extensions of duration to the permit granted under this Act.

                        2. In this section and sections 2BA and 29AB, river includes a stream or creek.

                        Notes
                        • Section 2B: inserted, on , by section 10 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                        • Section 2B heading: amended, on , by section 6(1) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                        • Section 2B(1)(b): repealed, on , by section 5(1) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
                        • Section 2B(1)(e): amended, on , by section 5(2) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
                        • Section 2B(2): amended, on , by section 6(2) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                        • Section 2B(2A): inserted, on , by section 6(3) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                        • Section 2B(4): inserted, on , by section 6(4) of the Crown Minerals Amendment Act 2025 (2025 No 40).