MBIE consultation with iwi and hapū

Te Tiriti o Waitangi / The Treaty of Waitangi

The relationship between the Crown, and iwi and hapū is governed by Te Tiriti o Waitangi. As public servants, we are required to uphold the principles of the Treaty that underpin this relationship; partnership, protection and participation.

Under the Crown Minerals Act (CMA), all persons exercising functions and powers must have regard to the principles of the Treaty of Waitangi.

More information on how we give effect to this

Consultation under the Crown Minerals Act 1991 (CMA)

As well as consultation on changes to legislation, regulations and the Crown Minerals Programmes we also consult with iwi and hapū when:

• we receive applications for new prospecting, exploration and mining permits,
• Permit holders apply to change or amend permits,
• a new petroleum block offer round is considered.

If an iwi or hapū was identified as needing to be consulted on an application, we will update them on the decision, whether or not they provided feedback.

More detail about how we do this is set out the documents below:

The Minerals Programme for Minerals (excluding Petroleum) 2025 – clauses 2.3 [PDF 5.2MB]

The Minerals Programme for Petroleum 2025 – clauses 2.3 [PDF 2.4MB]

Iwi and hapū consultation within the permitting process

Individual permit applications

When permit applications for both minerals and petroleum permits are received from an applicant, we consult with iwi and hapū whose rohe, rights or interests may be affected. Iwi and hapū are provided with 20 working days to provide a submission to us. An extension of time of a further 20 working days or further information about the application can be requested.

Open market applications

Some petroleum permits are allocated through an open market competitive process. The first application we accept starts a 3-month competition window. During this time, applications can be submitted for the same area or part of the area. 

After we accept each application, we’ll then consult with all iwi and hapū whose rohe may be affected. This means you may be consulted on multiple applications, particularly if there are multiple competing applications for the same area. 

Once the competitive period has closed, and applications are ranked, we will generally consult again on the top-ranked application. This gives iwi and hapū an opportunity to provide any further feedback on the application most likely to be granted a permit.

Open market competitive process

Preparation of petroleum block offers

One of the ways the New Zealand Government allocates petroleum exploration permits is by inviting applicants to tender, in a process called a ‘block offer’. We select areas based on their prospectivity and commercial interest and applicants bid for permits over specific blocks.

Before the block offer is opened for bidding, we consult with iwi and hapū on the proposed areas.

As a result of this consultation:

• the area of the block offer may be changed to reflect iwi and hapū concerns 
• additional conditions may be added to any future permits issued in the area.

Block offer exploration permit tender process

What to tell us in your submission

We encourage you to share information or views to help us understand your perspective, interests, and significance of the area under consideration. Detailed information will help decision-makers make informed decisions about areas of significance to you.

You can request:

• exclusion of certain parts of the proposed (or whole) area, and/or
• activities be subject to additional requirements to recognise the characteristics of those areas
• permit holders keep you informed on work programme activities and undertake regular relationship hui.

In your submission we encourage you to provide:

1. A description of the area

   • is your feedback about the whole area under consideration or a specific part?
   • can you provide maps, GPS coordinates, or written descriptions to help us understand the area your feedback relates to?

2. Reasons the area may require protection or additional requirements

   • The cultural value and/or interests in the area
   • does the area include wāhi tūpuna (ancestral place) such as pā sites, or historic landmarks?
   • does the area include mahinga kai (food gathering areas)?
   • are there other sites of significance in the area associated with traditional practices of your iwi or hapū?
   • your aspirations for land and resource management, including goals or intentions related to restoration, protection, or development goals.
   • historical context of the area, for example: stories, whakapapa, or events that help explain its significance.

3. Existing settlement commitments or agreements

   • do you have any concerns about how the proposed activities may impact the ability of your iwi or hapū to give effect to your settlement or any of the related commitments?
   • are there existing co-management or joint management agreements with the Crown or local authorities for managing land or resources? Iwi environmental management plan?
   • are there customary marine title areas, or other recognised rights that should be considered?
   • is the area is already protected? For example, is it protected under the Conservation Act 1987, Heritage New Zealand Pouhere Taonga Act 2014, a District Plan, Regional Plan?

4. Concerns about the potential impact of proposed activities, or the inclusion of the area

   • could the proposed activities disturb wāhi tapū (sacred place), traditional practices or affect the transition of mātauranga Māori?

5. Other relevant information you may want the decision-maker to consider

What happens to information you share with us

When you send us a submission, we’ll acknowledge that we’ve received it.

Information you provide is treated confidentially but may be subject to release under the provisions of the Official Information Act 1982. If this is the case, we may consult with you before the material is considered for public release.

You have the right under the Privacy Act 2020 and the Official Information Act 1982 to access information we hold about you and request that this information be corrected if necessary.

How your submission is considered

The information you share in your submission is considered by the decision-maker when deciding on the application.
The Minister must carefully consider all relevant information before making a decision on a permit application, or on the area to be released in a block offer. This includes:

• information provided by iwi and hapū during consultation, and
• the purpose and requirements of the CMA Considerations.

When assessing requests to exclude land from a permit or to include additional considerations, the decision-maker must take a range of factors into account.

These are set out in the following documents:

The Minerals Programme for Minerals (excluding Petroleum) 2025 – clauses 2.9 [PDF 5.2MB]

The Minerals Programme for Petroleum 2025 – clauses 2.8 [PDF 2.4MB]

Things we can consider include:

• what you, or other iwi and hapū have said about why the land is important
• whether the land is part of a customary marine title or has protected customary rights under the Marine and Coastal (Takutai Moana) Act 2011
  Marine and Coastal (Takutai Moana) Act 2011 — New Zealand Legislation
• whether the land is already protected under other legislation, such as:
  • Resource Management Act 1991 — New Zealand Legislation
  • Conservation Act 1987 — New Zealand Legislation
  • Heritage New Zealand Pouhere Taonga Act 2014 — New Zealand Legislation
  • Relevant Treaty settlement legislation.
• the size of the area identified as important, and the potential value of the minerals in that area
• the impact of excluding the land on the proposed permit or block offer area
• the potential impacts of activities on the area
• any legal commitments with iwi and hapū in relation to the land or area.

Possible outcomes that may result from a submission include:

• recognition of your views and perspectives
• exclusion of land from the permit area or area released for tender
• additional requirements may be added to the permit’s work programme to recognise the cultural importance of the area, or
• the permit may not be granted.

What happens after a decision is made

If your iwi or hapū was identified as needing to be consulted on an application, we will update you on the decision, whether or not you provided feedback.  

If you did provide feedback, we will also explain how it was considered in the decision-making process.

If the application is granted, we will provide information about the resulting permit including:

• the permit holder
• the operator
• the permit area 
• the work programme. 

Consultation through other regulatory systems

The CMA grants permit holders the right to prospect, explore or mine minerals. However, a permit does not give permission to carry out these activities. Permit holders must also meet a range of other legal requirements including:

• land access arrangements 
• health & safety regulations
• resource and environmental consents.

These resource and environmental requirements provide further opportunities for iwi and hapū to engage with the relevant regulators as part of the application process.

Overview of the minerals and petroleum regulatory environment