Minerals and petroleum regulatory environment
Getting a permit is just one of the things you need to do to start mining. Different New Zealand agencies and stakeholders manage the different regulations and approvals that affect mining operators in New Zealand.
Minerals and petroleum activities in New Zealand are regulated by separate pieces of legislation and government agencies.
The separation in the statutory framework between powers and functions was designed to ensure independence, transparency and accountability, and to minimise potential conflict between the Crown’s dual roles as resource owner and regulator.
This regulatory environment provides checks and balances to regulate the petroleum and minerals sectors.
Overview of the minerals and petroleum regulatory environment
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).
Permits under the Crown Minerals Act
Being granted a permit under the Crown Minerals Act (CMA) is just one of the steps operators need to take to be able to mine Crown-owned minerals in New Zealand. We issue these permits and make sure permit holders are complying with the conditions on their permits.
Getting a permit is necessary, but not sufficient, to be able to begin mining.
The operator needs to make sure they also:
- have the environmental consents needed
- meet all health and safety requirements, and
- have access to the land covered by the permit.
Environmental consents
Environmental consents consider the social, cultural, environmental and economic effects of proposed activities.
If mining is onshore or within 12 nautical miles of the coast, a resource consent is required from local authorities under the Resource Management Act (RMA) for exploration and mining-related activities.
Local government in New Zealand
If mining is more than 12 nautical miles from the coastline, a marine consent is required from the Environmental Protection Authority (EPA) under the Exclusive Economic Zone and Continental Shelf (EEZ) Act.
Environmental Protection Authority – EEZ marine activities
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.
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.
More information is in our Land access factsheet:
Land access factsheet [PDF 713KB]