Crown Minerals Act 1991

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

41AA: Interpretation for change of control and transfer provisions

You could also call this:

"What happens when a company with a permit or licence changes hands"

Illustration for Crown Minerals Act 1991

When a company that has a permit or licence undergoes a change of control, it means someone is getting or losing a big say in what the company does. You need to know what some words mean in this context. A body corporate that is undergoing a change of control is a company that has a permit or licence and is having a change of control. When a person gets a controlling interest in a company, they have the power to make big decisions. This can happen when someone buys a big part of the company or when someone who already has a big part of the company sells it. You are an incoming person if you get a controlling interest in a company that is undergoing a change of control. A person has a controlling interest if they can make decisions for the company on their own or with others. You are a specified person if you work with someone else to make decisions for a company. The Crown Minerals Act 1991 has more information about permits and licences, which you can find in sections 41AB to 41A and 41E to 41I, and in Part 6 of Schedule 1.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS160734.


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41: Transfer of interest in permit, or

"Selling or giving away part of a mining permit: how to get permission"


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41AB: Change of control: certain permit operators and permit and licence participants, or

"What happens when a company with a minerals or petroleum permit or licence changes owners"

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

41AAInterpretation for change of control and transfer provisions

  1. In this section, sections 41AB to 41A and 41E to 41I, subpart 2 of this Part, and Part 6 of Schedule 1,—

    body corporate that is undergoing a change of control means a body corporate that is a permit participant, permit operator, licence holder, or holder of a participating interest in a licence referred to in section 41AB(1) that undergoes a change of control

      change of control, in relation to a body corporate, means either of the following:

      1. that a person obtains a controlling interest in the body corporate; or
        1. in the case of an exploration or a mining permit or licence for petroleum, that a person ceases to have a controlling interest in the body corporate

          current licence holder has the same meaning as in section 89D

            current permit holder has the same meaning as in section 89D

              incoming person means a person who obtains a controlling interest in a body corporate that is undergoing a change of control

                licence has the same meaning as in section 89D

                  outgoing person means any of the following:

                  1. a person who ceases to have a controlling interest in a body corporate that is undergoing a change of control:
                    1. a person who ceases to have all or part of an interest in a body corporate that is undergoing a change of control that results in another person acquiring a controlling interest in that body corporate:
                      1. a person who transfers all or part of their participating interest in a permit or licence for petroleum, or transfers their licence for petroleum, to another person

                        petroleum infrastructure has the same meaning as in section 89F

                          relevant older petroleum infrastructure has the same meaning as in section 89H

                            relevant older well has the same meaning as in section 89I

                              well has the same meaning as in section 89D.

                              1. A person has a controlling interest if they are—

                              2. a person (person A) with the power (whether directly or indirectly) to exercise, or control the exercise of, 50% or more of the voting rights in the body corporate in question; or
                                1. a person (person A) who together with 1 or more specified persons has the power (whether directly or indirectly) to exercise, or control the exercise of, 50% or more of the voting rights in the body corporate in question.
                                  1. A person is a specified person in relation to person A if the person—

                                  2. is acting or will act jointly or in concert with person A in respect of exercising, or controlling the exercise of, the voting rights of,—
                                    1. in the case of a permit, a permit participant:
                                      1. in the case of a licence, a person with a participating interest in the licence; or
                                      2. in the case of either a licence or a permit, acts, or is accustomed to acting, in accordance with the wishes of person A.
                                        Notes
                                        • Section 41AA: replaced, on , by section 29 of the Crown Minerals Amendment Act 2025 (2025 No 40).