Seeking feedback on updated Crown Minerals Act 1991 Programmes

The Programmes

The Crown Minerals Act 1991 (CMA) is currently supported by two Programmes:

• the Minerals Programme for Petroleum 2013 (the Petroleum Programme)
• the Minerals Programme for Minerals (Excluding Petroleum) 2013 (the Minerals Programme).

The Programmes are a form of secondary legislation that set out how the Minister for Resources and the Chief Executive of MBIE will exercise their powers and interpret and apply specific provisions in the CMA and associated regulations. The Programmes also provide general operational guidance.

Legislation we act under(external link) — New Zealand Petroleum and Minerals

Proposed changes

The Programmes were last updated in 2013. Since then, several changes have been made to the CMA via amendment acts passed by Parliament, and further changes are proposed to be made by the Crown Minerals Amendment Bill 2024 currently progressing through Parliament. 

Updated Programmes have been drafted to reflect these past and proposed legislative changes.

The drafted text elaborates on some areas of the CMA where Ministerial discretion applies. This provides structure and clarity to permit and licence holders, applicants, and decision-makers.

Below is a high-level summary of the proposed changes:

• New chapters have been drafted on decommissioning (to be added to the Petroleum Programme) and on the proposed new Tier 3 minerals mining permit (to be added to the Minerals Programme).
• New allocation methods for petroleum permits have been introduced in the Petroleum Programme.
• Technical amendments have been drafted to give effect to a range of other CMA policy changes.
• General changes have been drafted to correct errors, update information and reduce regulatory inefficiencies.

Consultation

We are seeking your feedback on the draft Programmes.

Specifically, we want to understand if the draft Programmes provide clarity on how policies and provisions in the CMA will be applied.

The scope of consultation is limited to the operational application of the updated Programmes, and we are not seeking feedback on policy decisions and positions, including those being progressed in the Crown Minerals Amendment Bill 2024.