Overview of the minerals and petroleum regulatory environment
We are responsible for administering the Crown Minerals Act 1991, related regulations, and the minerals and petroleum programmes. Collectively, these are referred to as the Crown minerals legislation.
Diagram of the overview of the minerals and petroleum regulatory environment, from Legislation boxes to Supporting Instruments boxes, to the Related Regulatory Systems box:
Legislation
Crown Minerals Act 1991
The overarching regime for the allocation of the right to promote prospecting for, exploration for, and mining of Crown owned minerals.
Regulations
Technical detailed requirements of the regime, e.g. information that must be included in applications, fees and royalties payable.
Minerals regulations, Petroleum regulations, Feed regulations, Royalty regulations
Programmes
Detail on how the Minister and Chief Executive will exercise their discretion proved by the Act, also includes information on the Ministers interpretation of key provision in the Act including section 4, how the Minister will have regard to the Principles of the Treaty of Waitangi.
Supporting Instruments
Guidance
Explanatory information and context primarily for external audiences about the regime, for example, detail explaining the kind of information to include when making an application.
Operational Policy
Information primarily for internal audiences detailing processes and systems for how the regime functions, for example, explaining the process and considerations for a recommendation on an application.
Related Regulatory Systems
Activities related to the exercise of the right allocated by the CMA.
For example, how a business is expected to operate to keep staff safe (e.g. Health and Safety at Work Act 2015), the consideration of the environmental effects of activities (e.g. Resource Management Act 1991, Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, Fast-track Approval Act 2024) access to land for the exercise of permitted activities (e.g. the Conservation Act 1987, the Takutai Moana Act 2011).
The Ministry of Business, Innovation & Employment (MBIE) regulates mining of Crown-owned minerals under a comprehensive legislative framework. The Crown Minerals Act 1991 (CMA) regime is part of a broader regulatory system involving multiple agencies and legislation. The separation of powers and functions across agencies is designed to ensure independence, transparency, and accountability, and to manage the Crown’s dual roles as both resource owner and regulator. This structure is intended to promote responsible resource development while balancing environmental, economic, and social considerations.
The Fast-track Approvals Act, passed in December 2024, provides a streamlined decision-making process for projects of regional and national significance.
Legislation We Act Under
The Crown Minerals Legislative Framework
We are responsible for administering the Crown Minerals Act 1991, related regulations, and the minerals and petroleum programmes. Together, these are referred to as the Crown minerals legislation, providing the legal framework for managing Crown-owned minerals. The Crown Minerals Legislative Framework consists of the Act, regulations, and the Programmes.
The Act
Crown Minerals Act 1991 is the primary piece of legislation. This was last amended with the Crown Minerals Amendment Act 2025, which came into force on 5 August 2025.
Crown Minerals Act 1991 — New Zealand Legislation
The Regulations
Permit holders must meet specific requirements set out in regulations under the Crown Minerals Act 1991. These cover royalties, reporting, fees, and operational procedures.
Crown Minerals (Minerals Other than Petroleum) Regulations 2007 — New Zealand Legislation
Crown Minerals (Petroleum) Regulations 2007 — New Zealand Legislation
Crown Minerals (Minerals Fees) Regulations 2016 — New Zealand Legislation
Crown Minerals (Petroleum Fees) Regulations 2016 — New Zealand Legislation
Crown Minerals (Royalties for Minerals Other than Petroleum) Regulations 2013 — New Zealand Legislation
Crown Minerals (Royalties for Petroleum) Regulations 2013 — New Zealand Legislation
The Programmes
The operationalisation of the CMA is supported by two Minerals Programmes, the Minerals Programme for Petroleum (the Petroleum Programme) and the Minerals Programme for Minerals (Excluding Petroleum). The Programmes provide detail on how the Minister, CE or their delegated decision-makers intend to exercise their powers and interpret and apply specific provisions in the CMA and associated regulations. The Programmes also provide general operational guidance.
The Minerals Programme for Petroleum 2025 [PDF 2.4MB]
The Minerals Programme for Minerals (Excluding Petroleum) 2025 [PDF 5.2MB]
Some information has been incorporated by reference into the Programmes including:
- Land excluded from the operation of the Petroleum Programme [PDF 186KB]
- Land excluded from the operation of the Minerals Programme [PDF 287KB], and
- CMA Treaty commitments [PDF 140KB]
The Treaty of Waitangi
Te Tiriti o Waitangi/The Treaty of Waitangi is one of New Zealand's founding documents. As public servants, we are required to uphold the principles of the Treaty that underpin the relationship between Māori and the Crown being, partnership, protection and participation
Section 4 of the Crown Minerals Act requires all persons exercising functions and powers under this Act to have regard to the principles of the Treaty of Waitangi. How we will do this is explained more in chapter 2 of both the CMA Programmes.
The Crown also has a number of treaty settlement commitments relating to minerals with iwi and hapū.
Treaty of Waitangi — New Zealand History
Permit holder engagement with Māori
Requirements of other regulatory regimes
Holding a permit under the Crown Minerals Act is an important step, but it does not automatically grant permission to begin operations.
Permit holders must also meet other legal requirements, to ensure that resource development is carried out responsibly and in accordance with New Zealand’s broader regulatory system.
The operator needs to make sure they also:
- meet all health and safety requirements, and
- have access to the land covered by the permit, and
- have the environmental consents needed.
Health and safety
The Health and Safety at Work Act (HSWA) 2015 governs the health and safety of the workers involved in the industry. Any prospecting, exploration or mining activity must comply with HSWA. WorkSafe New Zealand regulates workplace health and safety.
Home — WorkSafe New Zealand
Land access
Having a permit doesn’t provide the permit holder with automatic access to the land. An access arrangement with the land owner is usually required. The land owner may be a private land owner or it may be Crown-owned land. If it is Crown-owned the access arrangement is usually with the Department of Conservation, Land Information NZ and/or MBIE.
Land access factsheet [PDF 713KB]
Home — Department of Conservation
Home — Land Information New Zealand
Environmental Consents
Environmental consents consider the social, cultural, environmental and economic effects of proposed activities.
Before undertaking activities such as exploration drilling, companies must comply with the appropriate environmental legislation. Requirements vary depending on whether the activity is onshore, in territorial waters, or offshore.
Onshore and Territorial Waters (0–12 nautical miles from the coastline)
Onshore and in the territorial waters environmental impacts are regulated by local authorities under the Resource Management Act 1991. Resource consents are typically required for petroleum and mineral activities.
Resource Management Act 1991 — New Zealand Legislation
Offshore (Beyond 12 nautical miles from the coast)
Activities more than 12 nautical miles from the coastline may require a marine consent from the Environmental Protection Authority under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
Environmental Effects Act 2012 — New Zealand Legislation
Permitted activities - Marine scientific research, exploration and prospecting under the EEZ Act — Environmental Protection Authority
Marine Protection
The Maritime Transport Act 1994 regulates maritime safety, pollution provision and vessel operations. It applies to activities that involve vessels or result in discharges or spills in marine areas. Permit holders may need to meet specific requirements where operations take place in or near marine environments.
Maritime Transport Act 1994 — New Zealand Legislation
Marine protection legislation and international conventions — Maritime New Zealand
Biosecurity
The Biosecurity Act 1993 provides for the clearance of goods and management of incoming craft (including floating platforms) to reduce the risk of introducing pests and diseases. These obligations may be relevant where operations involve imported materials, marine platforms, or where vessels or equipment enter New Zealand from overseas.
Biosecurity Act 1993 — New Zealand Legislation
Protected species
The Department of Conservation (DOC) is responsible for protected species under the Wildlife Act 1953 and the Marine Mammals Protection Act 1978. These two acts empower DOC to restrict or condition activities such as exploration or seismic surveys if those activities pose risks to protected wildlife or marine mammals, including marine mammals.
Wildlife Act 1953 — New Zealand Legislation
Marine Mammals Protection Act 1978 — New Zealand Legislation
Code of conduct for minimising disturbance to marine mammals from seismic surveys — Department of Conservation
Archaeological Sites
Archaeological sites are protected under the Heritage New Zealand Pouhere Taonga Act 2014. Permit holders may require permission from Heritage New Zealand to undertake activities around these sites.