New Zealand
Legislation
- Crown Minerals Act 1991 (as amended)
- Mineral Programme 2013
- Resource Management Act 1991 (as amended)
Regulatory Risk Rating
Regulatory Risk
Regulatory Corruption Risk
Regulatory Corruption Risk
Corruption Exposure Risk
Corruption Exposure Risk
| Regulatory Risk Rating Factors | Risk Level |
|---|---|
| First Come / First Serve | Subscribe |
| Application Critiera | Subscribe |
| Duration | Subscribe |
| Right to Renew | Subscribe |
| Competing Licences | Subscribe |
| Mineral Coverage | Subscribe |
| Right to Mine | Subscribe |
| Criteria for Mining Rights | Subscribe |
| Tenure | Subscribe |
| Surface Rights | Subscribe |
| Government Take | Subscribe |
| Transfer Rights | Subscribe |
| Change of Control | Subscribe |
| EIA Process | Subscribe |
| Power to Revoke | Subscribe |
| Age of Legislation | Subscribe |
| Other Factors | Subscribe |
New Zealand has produced a simple and elegantly drafted legislative framework but one which allows the Minister ultimate control of a miner’s fate. Expectedly, the legislation is sensitive to the country’s indigenous people and their land rights, which weakens security of tenure in certain areas, though to do otherwise would be inconsistent with established legal principles far beyond the mining law. More problematic is the fact that, even with the most intensive study of the law, one is left only with the knowledge of what the Minister may, might, or ordinarily will, do, but no actual guarantee as to outcome. There is no doubt that this is an undesirable framework on which to build a vibrant industry, but if one can gain assurance that the Minister will exercise discretion reasonably, it may well turn out to be a framework on which a vibrant project could be built. That is, of course, a critical ‘if’.
Contents
Legislation
- Crown Minerals Act 1991 (as amended)
- Mineral Programme 2013
- Resource Management Act 1991 (as amended)
Regulatory Risk Rating
Regulatory Risk
Regulatory Corruption Risk
Regulatory Corruption Risk
Corruption Exposure Risk
Corruption Exposure Risk
Overview
New Zealand has a substantial natural resource industry. Traditionally this has been dominated by oil, gas and coal production but the country also has significant gold, iron and silver deposits and is often amongst the top 30 global iron and gold producers. Various industrial minerals are also produced, and New Zealand is seen to have significant offshore mineral potential. Around $1 billion worth of mineral exports were made in 2020 and the natural resource industry is seen as making a valued and important contribution to the economy, as well as being a noteworthy source of employment. A dual system of mineral ownership exists – with minerals both Crown-owned and privately owned. Gold, silver, petroleum and uranium are all Crown-owned, as are offshore minerals. Around half of the in-ground coal, metallic and non-metallic minerals are also Crown-owned. In terms of privately owned minerals, separate agreements will need to be reached with the owner for the majority of mining activities, though legal requirements may still apply in terms of land access and environmental considerations.
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