Open market competitive process

The open market competitive process is available to applicants seeking a petroleum prospecting or exploration permit.

On this page:

Current applications

View applications currently in the 3-month open market competitive process:

Applications under the open market competitive process

How the open market competitive process works

1. Initial Application 

The process begins when we accept an application for:

  • an exclusive petroleum prospecting permit, or
  • a petroleum exploration permit.

We publish key details of the application on our website. 

2. 3-month competitive period

Once published, a 3-month competitive period begins. During this time, others may apply for a permit over all or part of the same area. These are called competing applications. 

3. After the competitive period ends

After the competitive period closes, we evaluate all applications received and make a recommendation to the Minister for Resources. The Minister decides whether to grant a permit and which applicant will receive it.

What permits use the open market competitive process

The open market competitive process is applicable to applications for:

  • petroleum prospecting permits
  • petroleum exploration permits.

These permit types provide different rights. They also have different requirements, including subsequent rights and work programme expectations.

Find out more:

Types of petroleum permits
 
Note: Applications for speculative prospecting permits do not trigger the open market competitive process.

Land availability

You can apply for the above petroleum permits at any time, if the land is available for permitting. 

Land may not be available if it is: 

  • excluded under the Crown Minerals Act 1991 
  • excluded under other legislation including Treaty of Waitangi/Te Tiriti o Waitangi settlement legislation 
  • excluded for the Block Offer tender process
  • already subject to a permit with exclusive rights to prospect, explore or mine.

Note: Overlapping permits may be granted with the written consent of the current permit holder

Check land availability and see where current petroleum permits, applications, and Block Offers are located:

Land excluded from the Minerals Programme for Petroleum [PDF 186KB]

Petroleum permit webmaps

How to apply

  1. Step 1: Submit an application
  2. Step 2: Check for completeness and acceptance
  3. Step 3: Public notification and consultation
  4. Step 4: Evaluation applications
  5. Step 5: Final decisions

Step 1: Submit an application

Before applying, make sure you understand the relevant legislation:

Overview of the minerals and petroleum regulatory environment

You can apply using one of the following methods:

We will let you know once we receive your application.

Step 2: We check your application is complete

We will check your application includes the required information under Regulations 17 and 18 of the Crown Minerals (Petroleum) Regulations 2007.

Regulation 17 & 18 of the Crown Minerals (Petroleum) Regulations 2007 — New Zealand Legislation

  • If complete — your application is accepted and will join our queue for assessment.
  • If incomplete — it will not be accepted, and we will contact you to explain why.

Note that application fees are not refundable. This includes if you withdraw your application, we do not accept it, or we decline it.

You may request a refund of an application fee, however, we will only consider refunds in exceptional circumstances, and only when those circumstances justify a refund.

Requesting a permit application fee refund

Step 3: Public notification

Initial applications

The first application we accept is called the initial application. We publish the:

  • applicant’s name
  • proposed permit area
  • proposed work programme — with a level of detail similar to a publicly accessible permit certificate
  • competition period start and end dates.

This starts the 3-month competitive process.

View applications currently in the 3-month competitive period:

Applications under the open market competitive process

Competing applications

During the competitive period, other parties may submit applications for a permit over all or part of the same area as the initial application.

We publish the same information for accepted competing applications.

To be considered a competing application, we must receive and accept it within the 3-month competitive period.

If your application for a prospecting or exploration permit includes an area already applied for and a new area, the new area will start a new 3-month competitive process.

Consultation with iwi and hapū

We will consult with iwi and hapū whose rohe includes some or all of the permit area, or who may be directly affected by an application. This consultation applies to both the initial application and any competing applications.

If applications are subsequently ranked against each other, we may consult again on the top-ranked application if there is a material change.

Iwi and hapū will be provided with:

  • details of the application, including a map of the area over which the application has been made
  • an outline of the work programme the applicant has proposed.

Consultation will run for 20 working days, with the possibility of a 20-day extension.

We will notify iwi and hapū of the outcome of an application received within their rohe, regardless of whether feedback was provided.

MBIE consultation with iwi and hapū

Read more in the Petroleum Programme clauses 2.6, 2.7 and 7.2:

Petroleum Programme (Minerals Programme for Petroleum 2025) [PDF 1.8MB]

Step 4: Evaluating applications

After the competitive period ends, we evaluate all applications.

If the initial application was for an exploration permit, the applicant can amend their work programme. This is to make sure there is a fair process, as competing applicants were able to view it before submitting theirs.

We consider the matters set out in section 29A of the Crown Minerals Act 1991 including:

  • that the proposed work programme is consistent with the purpose of the Act, the permit, and good industry practice
  • the applicant is highly likely to:
    • comply with the conditions of, and carry out the proposed work programme
    • meet their obligations, such as reporting, fees and royalties
    • meet health, safety, and environmental requirements for the proposed activities
    • meet relevant obligations relating to decommissioning and post-decommissioning
  • the principles of the Treaty of Waitangi and iwi/hapū feedback
  • if the proposed work programme includes relinquishment obligations.

Section 29A of the Crown Minerals Act 1991 — New Zealand Legislation

Order of decision-making

We prioritise competing applications for decision in the following order:

  1. Extensions of land to mining permits.
  2. Extension of land to exploration permits.
  3. New exploration permits.
  4. Prospecting permits.

For multiple prospecting applications:

  • the initial application is decided first
  • competing applications are decided in the order received, and
  • if 2 or more applications are received on the same day, we assess which best meets the purpose of the Act first. This involves evaluating the proposed work programme and other relevant considerations.

Read more on the Open market competitive process in the Petroleum Programme:

Clause 7.2(7) – 7.2(15) Petroleum Programme [PDF 1.8MB]

Step 5: Final decisions

Decisions are made in line with the relevant tests set out in the Act, and the Petroleum Programme.

Once a decision is made, we will notify the applicant of the outcome and publish information on our website.

Applications under the open market competitive process

In some cases, evaluation may result in a decision not to grant any permits.

If your application is approved

Being granted a permit does not mean the proposed work programme can begin immediately. You must first obtain any additional required permits or approvals, including any consents needed under the Resource Management Act 1991.

How long will it take to make a decision?

There are no set timeframes for assessing or deciding a permit application because each application is different.

We have published average processing timeframes for complete applications that include all required information. If we need more information from you, processing may take longer.

View timeframes for applications

If you have any questions, please email us at nzpam@mbie.govt.nz.

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