Crown Minerals Act 1991

Permits, access to land, and other matters - Permits, access to land, and title notations - Outgoing guarantees: permits and licences for petroleum

41G: Considerations for deciding on outgoing guarantee

You could also call this:

"What to think about when deciding if someone needs to promise to cover costs before leaving a petroleum project"

Illustration for Crown Minerals Act 1991

When you are deciding if someone needs to give a guarantee before they stop being in charge of a petroleum permit or licence, the Ministers can think about anything they believe is relevant. They can consider things like how soon the permit or licence will be decommissioned. They can also think about how much oil or gas is left and how much will be produced. The Ministers can look at the cost of decommissioning and whether the current financial arrangements will cover this cost.

They can consider the situation of the people who currently have, are getting, or are giving up interests in the permit or licence. The Ministers can also look at any risks that might affect the permit or licence holder's ability to meet their obligations, including risks to their financial security. They can think about the circumstances of the person giving up their interest, including how long they have been involved and how much they will gain from the permit or licence.

The Ministers can consider all these things when deciding if a guarantee is needed and what it should cover, as part of the Crown Minerals Act 1991, which was amended by the Crown Minerals Amendment Act 2025.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1466131.


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41F: Ministers must consider outgoing guarantee: permits and licences for petroleum, or

"Ministers must think about who will pay to clean up old petroleum sites when permits and licences end"


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41H: Information for deciding on outgoing guarantee, or

"Ministers can ask for information to help decide if a guarantee is needed"

Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Outgoing guarantees: permits and licences for petroleum

41GConsiderations for deciding on outgoing guarantee

  1. When considering whether to require an outgoing guarantee, and the nature and extent of an outgoing guarantee, the Ministers may consider anything that the Ministers think relevant to the decision, including (for example) the following considerations:

  2. the permit’s or licence’s proximity in time to the date of decommissioning:
    1. the permit’s or licence’s current level of reserves and production forecast:
      1. the estimated cost of decommissioning and the extent to which existing and proposed financial security arrangements will cover the cost of decommissioning:
        1. the circumstances of the current, incoming, and outgoing interests in the permit or licence:
          1. any information relating to current or emerging risks to the permit holder’s or licence holder’s ability to meet its decommissioning obligation under this Act (including risks to the financial security arrangement or the existence of any other outgoing guarantees provided to the Crown):
            1. the circumstances of the outgoing person and the extent of its past interest and future interest (if any) in the permit or licence (for example, the length of time it has had an interest, how much of the permit its interest relates to, and the extent of its commercial gain from the permit or licence).
              Notes
              • Section 41G: inserted, on , by section 34 of the Crown Minerals Amendment Act 2025 (2025 No 40).