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Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations

28A: Declaration in relation to specified land for specified period

You could also call this:

"The Minister can temporarily stop permits for certain land to protect it."

Illustration for Crown Minerals Act 1991

The Minister can make a declaration about certain land for a set period. This declaration can stop certain types of permits from being granted for that land. It can also stop the area of land that a permit applies to from being extended to include that specified land.

The Minister can only make this declaration if they think it is necessary to achieve the purpose of the Crown Minerals Act. The declaration must be made public through a notice, as required by the Legislation Act 2019. You can find more information about publication requirements in Part 3 of the Legislation Act 2019.

A notice like this must say what kind of permits it applies to and what land it applies to. It can apply to different minerals or to minerals that are explored for or mined in a particular way. The notice is in effect until a certain date, which is either the date specified in the notice or three years from when the notice is published.

If a notice like this is in effect, the Minister cannot accept a permit application that goes against the notice. However, this does not affect any permit applications that were received before the notice was published. It also does not affect any permits that were granted before the notice was published, or the ability to extend the duration of a permit. You can find more information about permits in section 24 and section 32 of the Crown Minerals Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5227549.

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Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations

28ADeclaration in relation to specified land for specified period

  1. The Minister may declare that, during a specified period, specified kinds of permits—

  2. will not be granted in respect of specified land; and
    1. will not have the area of land that those permits apply to extended to include any of that specified land.

      1. The Minister may declare that, during a specified period, specified kinds of permits—

      2. will only be granted in respect of specified land by allocation by public tender under section 24; and
        1. will not have the area of land that those permits apply to extended to include any of that specified land.

          1. For the purposes of subsections (1) and (1AA),—

          2. the declaration may be made only if the Minister believes that the declaration is necessary to better meet the purpose of this Act:
            1. the declaration must be made by notice published under the Legislation Act 2019.

              1. A notice under subsection (1A)(b)—

              2. must specify the kind or kinds of permits to which it applies:
                1. must specify the land to which it applies:
                  1. may apply to different minerals, to minerals that occur in a particular state, place, phase, or stratum, or to minerals that are to be explored for or mined by a particular method:
                    1. has effect until the close of the earlier of the following periods:
                      1. the period specified in the notice:
                        1. 3 years from the date on which the notice is published.

                        2. The Minister must not accept a permit application that is contrary to a notice under subsection (1A)(b) while the notice has effect, unless the application relates to a subsequent permit referred to in subsection (4)(c).

                        3. A notice under subsection (1A)(b) does not affect any—

                        4. application received by the Minister before the notice is published; or
                          1. permit granted before the notice is published; or
                            1. power to extend the duration of a permit; or
                              1. right under section 32 of the holder of a permit described in paragraph (b) to be granted a subsequent permit.

                                1. A notice under subsection (1A)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                Notes
                                • Section 28A: inserted, on , by section 23 of the Crown Minerals Amendment Act 2013 (2013 No 14).
                                • Section 28A heading: replaced, on , by section 17(1) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                                • Section 28A(1): replaced, on , by section 6(1) of the Crown Minerals Amendment Act 2019 (2019 No 2).
                                • Section 28A(1AA): inserted, on , by section 17(2) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                                • Section 28A(1A): inserted, on , by section 6(1) of the Crown Minerals Amendment Act 2019 (2019 No 2).
                                • Section 28A(1A): amended, on , by section 17(3) of the Crown Minerals Amendment Act 2025 (2025 No 40).
                                • Section 28A(1A)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                • Section 28A(2): amended, on , by section 6(2) of the Crown Minerals Amendment Act 2019 (2019 No 2).
                                • Section 28A(2)(d)(ii): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                • Section 28A(3): amended, on , by section 6(2) of the Crown Minerals Amendment Act 2019 (2019 No 2).
                                • Section 28A(4): amended, on , by section 6(2) of the Crown Minerals Amendment Act 2019 (2019 No 2).
                                • Section 28A(4)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                • Section 28A(4)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                • Section 28A(4)(ba): inserted, on , by section 6(3) of the Crown Minerals Amendment Act 2019 (2019 No 2).
                                • Section 28A(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).