Crown Minerals Act 1991

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

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

You could also call this:

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

Illustration for Crown Minerals Act 1991

If you break a rule about changing control of a permit without consent, the Minister can take action. The Minister can send you a notice saying they want to cancel your permit. You have 40 working days to respond and show that you did not break the rule or give a good reason why your permit should not be cancelled. If you do not respond or your response is not good enough, the Minister can cancel your permit. The Minister can cancel your permit even if they think you have a good reason for breaking the rule, but they do not think it is a good enough reason to excuse you. When the Minister cancels your permit, they must follow certain rules, which are outlined in section 39(5) to (7). You can find more information about the rules you need to follow in section 41AB(2) and section 41AE. The Minister's decision to cancel your permit is based on whether you broke the rule and whether you gave a good reason for doing so. The Minister can make their decision after considering your response to the notice they sent you.

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This page was last updated on 30 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS160787.

Topics:

Business > Industry rulesEnvironment and resources > Conservation

41AE: When Minister may consent to change of control, or

"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."

41AG: Notification of change of control: certain permit participants, or

"Telling the Minister about changes in control of a mining or petroleum permit"

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

41AFRevocation of permit if change of control made without consent

This section applies if section 41AB(2) is contravened.
The Minister may serve on the permit holder written notice of his or her intention to revoke the permit. The notice must—
refer to this section; and
state, with reasons, that the Minister considers that section 41AB(2) has been contravened; and
give the holder 40 working days after the date on which the notice is served to—
1. show that section 41AB(2) has not been contravened; or
2. provide reasons why the permit should not be revoked (including showing why the Minister should be satisfied of the matters set out in section 41AE and why the contravention should be excused).

A notice under subsection (4) may be served on or after the date that is 40 working days after the date on which the notice under subsection (2) is served.
After considering any thing provided under subsection (2)(c), the Minister may, by serving written notice on the permit holder, revoke the permit with effect on a date specified in the notice if the Minister is satisfied that—
section 41AB(2) has been contravened; and
the permit should be revoked.

The Minister may be satisfied under subsection (4)(b) even if the Minister becomes satisfied of the matters set out in section 41AE (for example, the Minister may be satisfied that the permit should be revoked because there is no good reason to excuse the contravention of section 41AB(2)).
Section 39(5) to (7) applies to a revocation under this section, with all necessary modifications.

Notes

Section 41AF: inserted, on 19 February 2019, by section 8 of the Crown Minerals Amendment Act 2019 (2019 No 2).