Glossary of terms

Definitions of a number of the terms referenced are prescribed in the Interpretation section of legislation that we act under. Where such terms are replicated in the Glossary for ease of reference, the relevant Act will be cited. Where further clarity or context is required in relation to a definition, the source legislation should be referred to. Other terms are defined or described in the Minerals or Petroleum Regulations or Programmes.

Address for Service

Address for Service is an address requested on many of our forms. This is the address we will use to serve legal notices and documents and is available on our public register.

This can be the email address of the permit participant(s), or their physical address within New Zealand. An email address is the preferred option, but applicants may specify if they wish their physical address to be used as the Address for Service.

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Applicant

Applicant means a person applying for something under the CMA.

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Application contact

The Application contact is the person named on our application forms, who will be the sole point of contact for any matters relating to the application including for any clarification needed to progress the application.

They must be an individual, not an organisation, and may be an authorised person who is acting on behalf of the proposed permit participant(s) during the application process.

There can only be one application contact on any application. Once an application is granted the application contact has no further role in the day-to-day management of the permit, unless they are also the permit operator.

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Associated party

Associated party of a Nominated Permit Participant (NPO) is defined in Regulation 5AA of the Petroleum Regulations [add hyperlink]:

1. Entities are associated parties of a [Nominated Permit Participant] NPP if the entities directly or through 1 or more intermediaries exercise control over the NPP or are controlled by, or are under common control with, the NPP. Such entities may include, but are not limited to, holding companies and subsidiaries.
2. Individuals are associated parties of an NPP if they own, directly or indirectly, an interest in the voting power of the NPP that gives them significant influence over the NPP.
3. Key management personnel are associated parties of an NPP if they have authority and responsibility for planning, directing, and controlling the activities of the NPP.
4. Entities are associated parties of an NPP if a substantial interest in their voting power is owned, directly or indirectly, by any person described in subclause (2) or (3)[above] who is able to exercise significant influence over the entities. Such entities may include, but are not limited to, entities owned by directors or major shareholders of the NPP and entities that have a member of key management in common with the NPP.

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Change of control

Change of control, as defined in section 41AA [add hyperlink to amended Act] of the Act, in relation to a body corporate means either of the following:

1. that a person obtains a controlling interest in the body corporate; or
2. 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.

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Coal

Coal, as defined in Section 2 of the CMA means anthracite, bituminous coal, sub-bituminous coal, lignite, and peat; and includes every other substance worked or normally worked with coal.

Section 2 of the CMA – New Zealand Legislation

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Committed work

Committed work is defined in the Petroleum Regulations as an activity that an applicant commits to undertake as part of the work programme if their permit is granted.

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Competing Application

Competing Application, in relation to petroleum permits, is an open market application for either a new petroleum exploration permit or an exclusive petroleum prospecting permit with the subsequent right to apply for a petroleum exploration permit, or an application for an Extension of Land for a petroleum exploration permit, petroleum mining permit or petroleum mining licence, which covers part or all of the area that is the subject of an Initial Application.

Competing Applications must be received within 3 months of the Initial Application being accepted and recorded publicly on our website (the Period of Competition).

If a portion of a Competing Application does not overlap an Initial Application, that portion will be regarded as if it were an Initial Application.  However, if a relevant application is made over that area a (thereby triggering the competitive process will be triggered over that area). Refer to clauses 6.2(10) to (11) and 7.2(10) to (14) of the Petroleum Programme.

'Competing Applications' in the context of minerals permits have a meaning that is not related to a competitive open market process. In this context applications that are received for Newly Available Acreage (NAA) will be assessed as competing applications if they are for all of the same NAA or the same part of the same NAA. In this situation the applications will be dealt with as having equal priority as the other competing applications and will be assessed according to the provisions in clause 7.2 of the Minerals Programme.

• Applications that are received for Newly Available Acreage (NAA) will be assessed as competing applications if they are for all of the same NAA or the same part of the same NAA. In this situation the applications will be dealt with as having equal priority as the other competing applications and will be assessed according to the provisions in clause 7.2 of the Minerals Programme.
• Applications made under the Acceptable Work Programme Offer (AWPO) allocation method may also be assessed as competing applications according to the provisions of clause 7.2 of the Minerals Programme if 2 or more are received by NZP&M on the same working day for the same or part of the same area. (Usually, under the AWPO method a permit would be granted to the first application received with an acceptable work programme.)

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Contingent work

Contingent work is defined in the Petroleum Regulations as an activity:

1. that an applicant commits to undertake as part of the work programme if their permit application is granted; and
2. that is subject to a commit or surrender date.

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Day

Day means the period from 9am to 5pm. If an event occurs before 9am, it will be deemed to have occurred on that day. If an event occurs after 5pm, it will be deemed to have occurred on the following day.

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Decommissioning

Decommissioning, as defined in section 89E of the CMA, in relation to any petroleum infrastructure or a well:

1. means an activity undertaken under any enactment (for example, the Resource Management Act 1991, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, or the Health and Safety at Work Act 2015), and in accordance with any requirements or standards set by or under that enactment or imposed by a regulatory agency, to take out of service permanently petroleum infrastructure or a well-used for prospecting or exploring for, or mining of, petroleum; and
2. includes (without limitation) and to the extent required by this Act or another enactment or by standards or by a regulatory agency:
   1. removing petroleum infrastructure; and
   2. plugging and abandoning a well; and
   3. undertaking site restoration when production of a well ceases (for whatever reason); and
   4. any other prescribed activity in relation to any petroleum infrastructure, or well drilled for the purposes of exploring or prospecting for, or mining of, petroleum.

Section 89E of the CMA – New Zealand Legislation

Resource Management Act 1991 – New Zealand Legislation

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 – New Zealand Legislation

Health and Safety at Work Act 2015 – New Zealand Legislation

However, in relation to petroleum infrastructure, section 89E(2) specifies that such infrastructure must be decommissioned by totally removing it, unless:

1. an exemption has been granted under section 89Y; or
2. a class exemption prescribed in regulations made under section 105(1)(qb)applies; or
3. any other legislation, relevant standard, or requirement by a regulatory agency contains any different requirements or standards relating to the method of decommissioning a particular item of petroleum infrastructure (in whole or in part).

Section 89Y of the CMA – New Zealand Legislation

Section 105(1)(qb) of the CMA – New Zealand Legislation

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EOL

EOL means extension of land.

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Existing privilege

Existing privilege, as defined in Section 2 of the CMA, means any of the following:

1. any mining privilege granted under Part 4 of the Mining Act 1971
2. any mining privilege or licence referred to in section 136(b) and (c) of the Mining Act 1971
3. any coal mining right or other right, lease, sublease, tenancy, licence, or easement granted under the Coal Mines Act 1979
4. any prospecting licence or mining licence granted under Part 1 of the Petroleum Act 1937 or authorisation granted under Part 2 of that Act
5. any authorisation given, agreement entered into, or grant of rights under the Iron and Steel Industry Act 1959, and any existing rights referred to in section 5 of that Act.

Section 2 of the CMA – New Zealand Legislation

Mining Act 1971 – New Zealand Legal Information Institute

Coal Mines Act 1979 – New Zealand Legal Information Institute

Petroleum Act 1937 – New Zealand Legal Information Institute

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Exploration

Exploration as defined in Section 2 of the CMA means “any activity undertaken for the purpose of identifying mineral deposits or occurrences and evaluating the feasibility of mining particular deposits or occurrences of 1 or more minerals; and includes any drilling, dredging, or excavations (whether surface or subsurface) that are reasonably necessary to determine the nature and size of a mineral deposit or occurrence”.

Section 2 of the CMA – New Zealand Legislation

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Fee administrator

The fee administrator is the permit contact on all matters to do with annual fees. A fee administrator may be an individual or an organisation (for example, an accounting firm). If not specifically appointed, will default to the permit administrator.

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Gas

Gas as defined in Regulation 3 of the Petroleum Regulations means

1. all gaseous petroleum capable of being produced from wells; and
2. includes wet gas and residual gas remaining after the extraction of condensate from wet gas.

Regulation 3 of the Petroleum Regulations – New Zealand Legislation

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Geotechnical contact

Geotechnical contact is the permit contact for all geotechnical matters. A geotechnical contact must be an individual. If not specifically appointed, will default to the permit administrator.

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Gold

Gold as defined in Section 2 of the CMA includes any substance containing gold, or having gold mixed in it.

Section 2 of the CMA – New Zealand Legislation

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Gold fossicking

Gold fossicking is mining for gold using non-motorised tools such as metal detectors, pans, shovels, picks and sluice boxes. The CMA allows for this type of mining to occur without a permit in designated gold fossicking areas. Currently the only designated areas are found in the South Island. Outside of the listed areas in the South Island a gold mining permit is required to look for gold.

Gold fossicking areas

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Good industry practice

Good industry practice is defined in Section 2 of the CMA in relation to an activity as “acting in a manner that is technically competent and at a level of diligence and prudence reasonably and ordinarily exercised by experienced operators engaged in a similar activity and under similar circumstances, but … does not include any aspect of the activity regulated under environmental legislation.”

Section 2 of the CMA – New Zealand Legislation

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Health and Safety Regulator

The Health and Safety Regulator as defined in Section 2 of the CMA as the same meaning as “regulator” in section 16 of the Health and Safety at Work Act 2015 which means WorkSafe New Zealand or the relevant designated agency.

Section 2 of the CMA – New Zealand Legislation

Section 16 of the Health and Safety at Work Act 201 – New Zealand Legislation

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Initial Application

The Initial Application is the first complete open market application over a proposed permit area received by us for:

• an exclusive petroleum prospecting permit with a subsequent right to apply for an exploration permit, or
• a new petroleum exploration permit, that is, an exploration permit that is not applied for by the holder of a prospecting permit over the land in question with a subsequent right to apply for an exploration permit.

Once accepted by us, details of the Initial Application, including contact details of all permit participants, the location and work programme, will be recorded publicly on our website. This will trigger the 3-month OMA competitive process known as the “Period of Competition”.

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Land

Land, as defined in Section 2 of the CMA, includes land covered by water; and also includes the foreshore and seabed to the outer limits of the territorial sea.

Section 2 of the CMA – New Zealand Legislation

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LMS report

LMS report means a Land Minerals Status report.

Mineral ownership and Land and Mineral Status (LMS) reports [PDF 303KB]

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Licenses

Licenses (rather than permits) to prospect, explore and mine for petroleum were issued before 1991, under the Petroleum Act 1937.

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Map

A map, in relation to a permit area, means a map or plan of the area as described in Regulation 4 of the Petroleum Regulations or Regulation 4 of the Minerals Regulations.

Regulation 4 of the Petroleum Regulations – New Zealand Legislation

Regulation 4 of the Minerals Regulations – New Zealand Legislation

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Mineral

A mineral as defined in Section 2 of the CMA means a naturally occurring inorganic substance beneath or at the surface of the earth, whether or not under water; and includes all metallic minerals, non-metallic minerals, fuel minerals, precious stones, industrial rocks and building stones, and a prescribed substance within the meaning of the Atomic Energy Act 1945.

Section 2 of the CMA – New Zealand Legislation

Atomic Energy Act 1945 – New Zealand Legislation

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Mineral group

A mineral group as defined in the Mineral Programme means one of the following particular mineral groups: metallic minerals: non-metallic minerals; coal; or industrial rocks and building stones.

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Minerals Exploration Permit (MEP)

A Minerals Exploration Permit is a permit issued under the CMA authorising the permit holder to explore for minerals. Section 30(2) of the CMA provides that the holder of a minerals exploration permit also has the rights of a minerals prospecting permit holder within the area of the permit.

Section 30(2) of the CMA – New Zealand Legislation

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Minerals Mining Permit (MMP)

A Minerals Mining Permit is a permit granted under the CMA authorising the permit holder to mine for specified mineral(s) (excluding petroleum) subject to any conditions the Minister thinks fit. Section 30(3) of the CMA provides that the holder of a minerals mining permit also has the rights of a minerals exploration permit holder (and therefore also of a minerals prospecting permit holder) within the area of the permit.

Section 30(3) of the CMA – New Zealand Legislation

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Minerals Prospecting Permit (MPP)

A Minerals Prospecting Permit is a permit granted under the CMA authorising the permit holder to prospect for specified mineral(s) (excluding petroleum) subject to any conditions the Minister thinks fit. Minerals prospecting permits are intended for preliminary or reconnaissance investigations where the mineral potential of an area is not already well understood.

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Minimum impact activity

A minimum impact activity as defined in Section 2 of the CMA means any of the following:

(a) geological, geochemical, and geophysical surveying:

(b) taking samples by hand or hand-held methods:

(ba) taking small samples offshore by low-impact mechanical methods:

(c) aerial surveying:

(d) land surveying:

(e) any activity prescribed as a minimum impact activity:

(f) any lawful act incidental to any activity to which paragraphs (a) to (e) relate—

to the extent that it does not involve any activity that results in impacts of greater than minimum scale and in no circumstances shall include activities involving—

(g) the cutting, destroying, removing, or injury of any vegetation on greater than a minimum scale; or

(h) the use of explosives; or

(i) damage to improvements, stock, or chattels on any land; or

(j) any breach of the provisions of this or any other Act, including provisions in relation to protected native plants, water, noise, and historic sites; or

(k) the use of more persons for any particular activity than is reasonably necessary; or

(l) any impacts prescribed as prohibited impacts; or

(m) entry on land prescribed as prohibited land.

Section 2 of the CMA – New Zealand Legislation

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Mining

Mining as defined in Section 2 of the CMA:

1. means to take, win, or extract, by whatever means:
   1. a mineral existing in its natural state in land; or
   2. a chemical substance from a mineral existing in its natural state in land; and
2. includes:
   1. the injection of petroleum into an underground gas storage facility; and
   2. the extraction of petroleum from an underground gas storage facility; but
3. does not include prospecting or exploration for a mineral or chemical substance referred to in paragraph (a).

Section 2 of the CMA – New Zealand Legislation

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Newly available acreage (NAA)

Land with NAA status is subject to a time-bound competitive allocation process. For more information about the process, see clauses 6.7. and 6.8 of the Minerals Programme [add hyperlink].

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New Zealand Business Number (NZBN)

The New Zealand Business Number of a New Zealand registered company.

NZBN website

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New Zealand Petroleum and Minerals (NZP&M)

New Zealand Petroleum & Minerals is a group within the Ministry of Business, Innovation and Employment (or any successor government organisation that is responsible for managing the Crown’s mineral estate).

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Nominated Permit Operator (NPO)

In relation to an application for a petroleum permit, means the person nominated in the application as the permit operator. (Note that in the Petroleum Programme the Nominated Permit Operator is referred to as the “proposed Operator”.)

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Nominated Permit Participant (NPP)

1. In relation to an application for a petroleum permit:
2. means a person nominated in the application as a person who will hold a participating interest in the permit if the application is granted; and

includes the NPO.

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Offshore

Offshore as defined in Section 2 of the CMA means any area that is the seaward side of the mean high watermark.

Section 2 of the CMA – New Zealand Legislation

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Onshore

Onshore as defined in Section 4 of the Petroleum Royalties Regulations (and the Minerals Royalties Regulations) means anywhere that is the landward side of the mean high-water mark.

Section 4 of the Petroleum Royalties Regulations (and the Minerals Royalties Regulations) – New Zealand Legislation

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Online permitting system (OPS)

The online system for making applications relating to permits which is maintained on our website.

Online permitting system

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Open Market Application (OMA)

Open Market Application is a competitive process [add hyperlink to OMA process section when published on the NZP&M website], introduced in 2025 as a method for allocating new petroleum exploration permits and prospecting permits with a subsequent right to apply for an exploration permit. (Previously, since 2013, petroleum exploration permits could only be allocated through a public tender process known as a Block Offer.)

Block offer

The OMA allocation method allows for greater flexibility in the permitting regime. It is an applicant-led allocation process, with applicants able to decide the areas of land they wish to apply for. An application may be made at any time over any land that is available for permitting, in accordance with Clauses 6.2 (for a prospecting permit) or 7.2(7) to (16) of the Petroleum Programme.

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Participating interest

A participating interest as defined in Section 2 of the CMA means:

1. in relation to a permit, a specified undivided share of the permit expressed as a percentage recorded on the permit; or
2. in relation to a licence granted under Part 1 of the Petroleum Act 1937, an undivided share of the licence that is recorded on the licence.

Section 2 of the CMA – New Zealand Legislation

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Permit area

A permit area as defined in Section 3 of the Petroleum Regulations (there is a similar definition in Regulation 5 of the Minerals Regulations):

1. in relation to an application for a permit, means the unbroken area (bounded by defined lines and any coastline, sovereign, territorial, or other boundary) to which the application relates; and
2. in any other case, means the unbroken area (bounded by defined lines and any coastline, sovereign, territorial, or other boundary) in relation to which the permit holder concerned has been granted a permit.

Section 3 of the Petroleum Regulations – New Zealand Legislation

Regulation 5 of the Minerals Regulations – New Zealand Legislation

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Permit administrator

A permit administrator is the person who is responsible for administrating a permit. The permit administrator must be an individual.

There can only be one permit administrator on any permit. They will be the ongoing primary contact on any matters relating to the permit, including for all communication around upcoming obligations.

By default the permit administrator assumes the role of geotechnical contact and/or fee administrator role for a permit, when the permit is first granted unless somebody else is designated for these roles. (The geotechnical contact and fee administrator roles can be assigned to someone else at any time using the APP-11 change a contact form.

Change an application contact, permit administrator, geotechnical contact and/or fee administrator on one or more applications and/or permits (APP 11) [PDF 418KB]

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Permit contacts

Each permit has a number of contacts attached to it to enable the permit to be managed by different people in an organisation or company. Our website provides information about each of the contacts on a permit, what they can and cannot do, what they can see in the online permitting system (OPS) and how to become that contact type.

Permit contacts

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Permit holder

A permit holder as defined in Section 2 of the CMA means the person who is the sole permit participant, or all of the permit participants as the case may be.

Section 2 of the CMA – New Zealand Legislation

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Permit operator

A permit operator (or Operator) as described in Section 27 of the CMA refers to the operator of the permit and must be a permit participant. The operator can be an individual or a company. The operator is responsible, on behalf of the permit holder, for the day-to-day management of activities under the permit.

Section 27 of the CMA – New Zealand Legislation

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Permit participant

A permit participant as defined in Section 2 of the CMA means a person who holds a participating interest in a permit.

Section 2 of the CMA – New Zealand Legislation

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Person

A person as defined in Section 2 of the CMA as including the Crown, a corporation sole, and also a body of persons, whether corporate or unincorporate.

Section 2 of the CMA – New Zealand Legislation

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Petroleum

Petroleum as defined in Section 2 of the CMA means:

1. any naturally occurring hydrocarbon (other than coal) whether in a gaseous, liquid, or solid state; or
2. any naturally occurring mixture of hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state; or
3. any naturally occurring mixture of 1 or more hydrocarbons (other than coal) whether in a gaseous, liquid, or solid state, and 1 or more of the following, namely hydrogen sulphide, nitrogen, helium, or carbon dioxide:

and, except in sections 10 and 11 (of the CMA), includes any petroleum as so defined which has been mined or otherwise recovered from its natural condition, or which has been so mined or otherwise recovered but which has been returned to a natural reservoir for storage purposes.

Section 2 of the CMA – New Zealand Legislation

Section 10 of the CMA – New Zealand Legislation

Section 11 of the CMA – New Zealand Legislation

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Petroleum Exploration Permit (PEP)

A Petroleum Exploration Permit is a permit granted under the CMA authorising the permit holder to explore for petroleum subject to any conditions the Minister thinks fit. Section 30(2) of the CMA provides that the holder of an exploration permit may also undertake prospecting within the area of the permit.

Section 30(2) of the CMA – New Zealand Legislation

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Petroleum Mining Licence (PML)

A Petroleum Mining Licence is a licence granted under the Petroleum Act authorising the licence holder to mine for petroleum within the licence area, subject to the terms and conditions specified by the Minister.

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Petroleum Mining Permit (PMP)

A Petroleum Mining Permit is a permit granted under the CMA authorising the permit holder to mine for petroleum subject to any conditions the Minister thinks fit. Section 30(3) of the CMA provides that the holder of a mining permit may also undertake prospecting and exploration within the area of the permit.

Section 30(2) of the CMA – New Zealand Legislation

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Petroleum Prospecting Permit (PPP)

A Petroleum Prospecting Permit is a permit granted under the CMA authorising the permit holder to prospect for petroleum subject to any conditions the Minister thinks fit.

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Prospecting

Prospecting as defined in Section 2 of the CMA:

1. means any activity undertaken for the purpose of identifying land likely to contain mineral deposits or occurrences; and
2. includes the following activities:
   1. geological, geochemical, and geophysical surveying
   2. (aerial surveying
   3. taking samples by hand or hand held methods
   4. taking small samples offshore by low-impact mechanical methods.

Section 2 of the CMA – New Zealand Legislation

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Relinquish

To relinquish means the process by which a permit holder is required to give up an area of the permit by the operation of Sections 35B and 35C of the CMA.

Section 35B of the CMA – New Zealand Legislation

Section 35C of the CMA – New Zealand Legislation

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Speculative prospector

A speculative prospector as defined in Section 90C(7) of the CMA means the holder of a non-exclusive petroleum prospecting permit who carries out activities under the permit solely for the purpose of on selling the information obtained on a non-exclusive basis to petroleum explorers and producers. A petroleum prospecting permit with speculative prospector status does not carry a subsequent right to apply for a petroleum exploration permit.

Section 90C (7) of the CMA – New Zealand Legislation

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Subsequent right

A subsequent right means the right of a permit holder to be granted a subsequent permit on application, as provided for in Section 32 of the CMA. This may mean the right of a prospecting permit holder to be granted an exploration permit on application, or the right of an exploration permit holder to be granted a mining permit on application, subject to certain criteria being met.

Section 32 of the CMA – New Zealand Legislation

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Tier 1

A Tier 1 permit is defined in section 2B of the CMA as a prospecting, exploration, or mining permit that relates to petroleum and to other minerals permits listed in Schedule 5 of the CMA. (Petroleum permits are always Tier 1.)

Section 2B of the CMA – New Zealand Legislation

Schedule 5 of the CMA – New Zealand Legislation

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Tier 2

A Tier 2 permit is defined in section 2B of the CMA as a permit that is not a Tier 1 permit or a Tier 3 permit.

Section 2B of the CMA – New Zealand Legislation

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Tier 3

A Tier 3 permit is defined in section 2B of the CMA [add hyperlink to section of CMAA24 when published] as a permit that:

• authorises mining for gold in the bed of a river, on a beach, or both; and
• does not authorise mining for any other mineral; and
• applies to an area not exceeding 50 continuous hectares; and
• authorises work in accordance with the work programme set out in section 2BA [add hyperlink to section of CMAA24 when published] of the CMA; and
• is not a Tier 1 permit.

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Turning point

Turning point, in relation to locating and defining the boundaries of an area of land on a map or plan, as defined in the Petroleum Regulations means the inflection points or angles that, when joined by straight line edges, define the area of land on the map or plan. Regulation 5 sets out how turning points must be described for the purposes of meeting the requirements of information to be submitted with petroleum permit applications.

Regulation 5 of the Petroleum Regulations – New Zealand Legislation

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Working day

A working day, as defined in Section 2 of the CMA means any day except:

• a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

(ab)if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

• a day in the period commencing with 20 December in any year and ending with 15 January in the following year.

Section 2 of the CMA – New Zealand Legislation

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Work programme

A work programme (in relation to Tier 1 and Tier 2 permits) as defined in Section 2 of the CMA means a programme of work to be undertaken by a permit holder in relation to the holder’s permit.

For Tier 3 permits as defined in section 2BA [add hyperlink to section of CMAA24 when published] of the CMA means:

• the permit holder will mine for gold
• the permit holder may only use the following equipment
• unpowered hand tools
• riffle boxes and associated equipment
• powered equipment not exceeding a combined total of 10 horsepower (or the equivalent of 10 horsepower) at any one time
• other similar equipment that is consistent with small-scale non-commercial gold mining
• equipment permitted by regulations:
• a work programme that is otherwise in accordance with requirements specified in regulations.

Section 2 of the CMA – New Zealand Legislation

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