Crown Minerals Act 1991

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

41AE: When Minister may consent to change of control

You could also call this:

"The Minister can agree to a change in control if you have enough money and will follow the rules and keep people and the environment safe."

Illustration for Crown Minerals Act 1991

The Minister can agree to a change of control for a permit only if they are satisfied that you have the money to meet your obligations. You must also be likely to follow the work programme and the rules about reporting and paying fees and royalties. If you have a certain type of permit, you must also be likely to follow the special rules that apply to it.

The Minister must also be satisfied that you can meet the health and safety and environmental requirements for the activities you will be doing. If the Ministers require a guarantee, you must provide one that the Minister thinks is appropriate.

You can find more information about this in section 41AB and section 89D, and in subparts 2 and 3 of Part 1B. The Minister's decision is also guided by section 41I and section 29A(3) and (4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS160785.


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"The Minister can ask you for information or documents if you're involved in a permit."


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41AF: Revocation of permit if change of control made without consent, or

"What happens if you change control of a permit without permission"

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

41AEWhen Minister may consent to change of control

  1. The Minister may consent to the change of control for the purposes of section 41AB only if the Minister is satisfied that—

  2. the permit holder, given the proposed change of control,—
    1. has the financial capability to meet its obligations under the permit; and
      1. is highly likely to comply with, and give proper effect to, the work programme for the permit; and
        1. is highly likely to comply with the relevant obligations under this Act or the regulations in respect of reporting and the payment of fees and royalties; and
          1. in the case of a permit as defined in section 89D, is highly likely to comply with the relevant obligations in subparts 2 and 3 of Part 1B; and
          2. if the Ministers require an outgoing guarantee under section 41I, an outgoing guarantee that the Minister considers to be appropriate has been provided in accordance with that requirement; and
            1. in the case of a Tier 1 permit for exploration or mining, the permit operator, after undergoing the change of control, has, or is highly likely to have by the time the relevant work in the permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities to be carried out under the permit.
              1. Section 29A(3) and (4) applies for the purposes of subsection (1)(b), with all necessary modifications.

              Notes
              • Section 41AE: inserted, on , by section 8 of the Crown Minerals Amendment Act 2019 (2019 No 2).
              • Section 41AE heading: amended, on , by section 31(1) of the Crown Minerals Amendment Act 2025 (2025 No 40).
              • Section 41AE(1): amended, on , by section 31(2) of the Crown Minerals Amendment Act 2025 (2025 No 40).
              • Section 41AE(1)(a): amended, on , by section 31(3) of the Crown Minerals Amendment Act 2025 (2025 No 40).
              • Section 41AE(1)(a)(ii): amended, on , by section 12(1) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
              • Section 41AE(1)(a)(iii): amended, on , by section 12(1) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
              • Section 41AE(1)(a)(iv): inserted, on , by section 15 of the Crown Minerals Amendment Act 2023 (2023 No 53).
              • Section 41AE(1)(aa): inserted, on , by section 31(4) of the Crown Minerals Amendment Act 2025 (2025 No 40).
              • Section 41AE(1)(b): amended, on , by section 31(5) of the Crown Minerals Amendment Act 2025 (2025 No 40).
              • Section 41AE(1)(b): amended, on , by section 12(2) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).