Crown Minerals Amendment Act 2023
Crown Minerals Amendment Act 2023
Public Act |
2023 No 53 |
|
Date of assent |
30 August 2023 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Crown Minerals Amendment Act 2023.
2 Commencement
(1)
This Act (except section 11) comes into force on the day after the date on which it receives the Royal assent.
(2)
Section 11 comes into force on 1 April 2024.
3 Principal Act
This Act amends the Crown Minerals Act 1991.
Part 1 Amendments to Parts 1 and 1A of principal Act
4 Section 1A amended (Purpose)
In section 1A(1), replace “promote”
with “manage”
.
5 Section 5 amended (Functions of Minister)
In section 5(a), replace “attract permit applications, including by way of”
with “from time to time offer permits for application by”
.
6 Section 16 amended (Changes to minerals programmes)
Replace section 16(3) with:
(3)
Nothing in section 17 or 18 applies to any change to a minerals programme if the purpose of the change is to—
(a)
correct any error and the effect of the change is minor; or
(b)
reflect and give effect to the amendments made by the Crown Minerals Amendment Act 2023.
Part 2 Amendments to other provisions of principal Act
7 Section 23A amended (Application for permits)
In section 23A(2)(d), replace “1A, 25(1)(b)(i),”
with “25(1)(b)(i)”
.
8 Section 24 amended (Allocation by public tender)
In section 24(5A)(d), delete “(including section 1A)”
.
9 Section 25 amended (Grant of permit)
In section 25(2A), delete “(including section 1A)”
.
10 Section 29A amended (Process for considering application)
(1)
After section 29A(2)(d), insert:
(e)
in the case of an application for a permit as defined in section 89D, that the applicant is highly likely to comply with the relevant obligations in subparts 2 and 3 of Part 1B.
(2)
In section 29A(5), replace “section 29B”
with “sections 29B and 29C”
.
11 New section 29C inserted (Minister’s functions in relation to feedback from iwi or hapū when considering application)
After section 29B, insert:
29C Minister’s functions in relation to feedback from iwi or hapū when considering application
(1)
This section applies if—
(a)
the applicant is a previous or current permit holder or a previous or existing privilege holder; and
(b)
the applicant, in their capacity as a previous or current permit holder or a previous or existing privilege holder, is or was required to submit an iwi engagement report or reports under section 33C; and
(c)
the applicant is applying for a permit for which an iwi engagement report is required under section 33C.
(2)
If this section applies, before granting a permit, the Minister—
(a)
must have regard to feedback provided in iwi engagement reports and at annual review meetings about the quality of the applicant’s previous engagement with iwi or hapū in the applicant’s capacity as a previous or current permit holder or a previous or existing privilege holder; and
(b)
may have regard to any other feedback from iwi or hapū about the quality of the applicant’s previous engagement with iwi or hapū, in the applicant’s capacity as a previous or current permit holder or a previous or existing privilege holder.
12 Section 33C amended (Iwi engagement reports)
(1)
After section 33C(2), insert:
(2A)
Before providing an annual report to the Minister, the permit holder must—
(a)
provide a draft annual report to iwi or hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit; and
(b)
give those iwi or hapū a reasonable opportunity or the prescribed period (if any) to comment on the draft report.
(2B)
The annual report must—
(a)
meet the minimum required content as prescribed; and
(b)
include any comments provided by those iwi or hapū on the draft annual report within a reasonable period or the prescribed period (if any).
(2)
After section 33C(3)(b), insert:
(c)
the minimum required content as prescribed for annual engagement reports, which may vary for different classes or kinds of Tier 2 permit.
13 New section 33CA inserted (Annual review meeting about iwi engagement reports)
After section 33C, insert:
33CA Annual review meeting about iwi engagement reports
(1)
This section applies only if—
(a)
an iwi engagement report is required under section 33C; and
(b)
any relevant iwi or hapū asks the chief executive to arrange a meeting under this section.
(2)
The chief executive may require the holder of a permit in relation to which an iwi engagement report is required to attend, once in each permit year, a review meeting—
(a)
to discuss an iwi engagement report or draft iwi engagement report; and
(b)
to provide an opportunity for discussion about the report or draft report (including any matter relating to the quality of engagement by the permit holder with iwi or hapū), between any iwi or hapū, the chief executive, the permit holder, the appropriate Minister (but only if the permit relates to Crown land), and any regulatory agency that the chief executive has invited to attend the meeting.
(3)
Without limiting subsection (2)(b), the chief executive—
(a)
must—
(i)
invite all iwi or hapū identified in an iwi engagement report or a draft iwi engagement report as a relevant iwi or hapū; and
(ii)
invite any other iwi or hapū whom the chief executive considers to be directly affected by the permit to the meeting; and
(iii)
give all invited iwi or hapū a reasonable opportunity to confirm their attendance; and
(b)
may invite any regulatory agency that the chief executive thinks is likely to have regulatory oversight of the activities under the permit.
(4)
Unless otherwise agreed between all attending iwi or hapū, the chief executive, and the permit holder, a review meeting must be—
(a)
attended by at least 1 representative of the permit operator who has sufficient seniority, expertise, and knowledge to enable full discussion of the work programme and conditions of the permit; and
(b)
held on a date and at a place notified to the attending iwi or hapū and the permit holder by the chief executive (which must be at least 20 working days after the date of notification).
(5)
The chief executive must inform all attending iwi and hapū if any person other than those referred to in subsections (2) and (3) is attending the review meeting.
(6)
In this section, relevant iwi or hapū means an iwi or a hapū whose rohe includes some or all of the permit area or who otherwise may be directly affected by the permit in question.
14 Section 41 amended (Transfer of interest in permit)
Replace section 41(6) with:
(6)
Before granting consent, the Minister must be satisfied that the transferee is highly likely to be able to comply with—
(a)
the conditions of, and give proper effect to, the permit; and
(b)
in the case of a permit as defined in section 89D, the relevant obligations in subparts 2 and 3 of Part 1B.
15 Section 41AE amended (When Minister may consent to change of control of permit operator)
After section 41AE(1)(a)(iii), insert:
(iv)
in the case of a permit as defined in section 89D, is highly likely to comply with the relevant obligations in subparts 2 and 3 of Part 1B; and
16 Section 41C amended (Change of permit operator)
After section 41C(3)(a)(ii), insert:
(iii)
in the case of a permit as defined in section 89D, comply with the relevant obligations in subparts 2 and 3 of Part 1B; and
17 Section 50A amended (Restricted access to Taranaki conservation land)
In section 50A(2), delete “1A and”
.
18 Section 89D amended (Interpretation)
In section 89D, insert as subsections (2) and (3):
(2)
To avoid doubt, subsection (3) applies if a person is required to comply with provisions that are expressed to apply to persons of a different status (for example, a person who, in order to obtain the Minister’s consent to the transfer of a participating interest in a permit or licence, is required to comply with provisions in this subpart (see sections 89L(3), 89T(3), and 89ZL to 89ZR), that relate to financial securities and that are expressed to apply only to a permit holder or licence holder).
(3)
If this subsection applies, the provisions that the person is required to comply with apply as if the person were a person to whom the provision is expressed to apply and with any other necessary modifications.
19 Section 105 amended (Regulations)
In section 105(1), replace paragraph (cb) with:
(cb)
prescribing, in relation to iwi engagement reports to which sections 33C and 33CA apply, the minimum required content, the manner in which the reports are to be provided, the periods to which the reports must apply, and the respective times by which—
(i)
draft reports must be provided to iwi and hapū for feedback:
(ii)
feedback on the draft reports must be given by iwi or hapū to the permit holder or holder of an existing privilege, as the case requires:
(iii)
reports must be provided to the chief executive.
20 Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Schedule New Part 5 inserted into Schedule 1
Part 5 Provisions relating to Crown Minerals Amendment Act 2023
38 Interpretation
In this schedule,—
amended section means the specified section of this Act as amended by the amendment Act
amendment Act means the Crown Minerals Amendment Act 2023
new section means the specified section of this Act as inserted by the amendment Act.
39 Amended section 33C to apply to existing privileges
Amended section 33C applies to each existing privilege as if the existing privilege were a permit and the holder of the privilege a permit holder.
40 New section 33CA applies to existing privileges
New section 33CA applies to each existing privilege as if the existing privilege were a permit and the holder of the privilege a permit holder.
41 Existing applications determined in accordance with this Act as amended
(1)
Any application that is lodged or submitted, but not determined, before the day after the date on which the amendment Act receives the Royal assent must be determined in accordance with this Act as in force on the day after the date on which the amendment Act receives the Royal assent.
(2)
Subclause (1) applies despite anything to the contrary in this Act.
(3)
In this clause, application means—
(a)
an application under section 23A (application for permits):
(b)
a tender under section 24 (allocation by public tender):
(c)
an application under section 41 (transfer of interest in permit):
(d)
a notification under section 41AB (change of control of permit operator of Tier 1 permit):
(e)
an application under section 41C (change of permit operator).
Legislative history
22 November 2022 |
Introduction (Bill 198–1), first reading and referral to Economic Development, Science and Innovation Committee |
|
22 May 2023 |
Reported from Economic Development, Science and Innovation Committee (Bill 198–2) |
|
20 July 2023 |
Second reading |
|
22 August 2023 |
Committee of the whole House, third reading |
|
30 August 2023 |
Royal assent |
This Act is administered by the Ministry of Business, Innovation, and Employment.