Permit holder engagement with Māori

We consult relevant iwi and hapū on applications for minerals and petroleum permits. This includes applications to add minerals or extend the land covered by a permit. During consultation, they may request that:

• part of the proposed permit area is excluded from the permit
• a permit is not granted over any of the proposed area
• extra rules apply to activities in the proposed permit area to recognise the particular characteristics of those places.

Land of particular significance to the mana of iwi cannot be included in a permit. This land is listed in schedule 3 of the Minerals Programme for Minerals (Excluding Petroleum) 2013 and in clause 3.1 of the Minerals Programme for Petroleum 2013. 

Minerals Programme for Minerals (Excluding Petroleum) 2013 [PDF 2.6MB]

Minerals Programme for Petroleum 2013 [PDF 586KB]

Permits over Māori land

Permits issued under the Crown Minerals Act 1991 (CMA) for land which is Māori customary land, Māori freehold land or land designated as Māori Reserves are issued subject to land owner access arrangements being granted. 

In these cases, we must tell the Māori Land Court about the permit so they can record it. We also need to let them know if the permit is extended.  

Permit holders access to Māori land

Before permit holders can access Māori land, they must follow the requirements set out in the CMA. These include:

Carrying out minimum impact activities

Minimum impact activities include aerial or land surveying and taking samples by hand or handheld methods. 

Permit holders must try to consult with landowners before going onto the land to do work.

If they can’t, they must give at least 10 working days’ notice to each landowner, occupier, and the local iwi authority. The notice must include the date they plan to enter, what kind of work they’ll do and how long it will take, and a phone number for the person entering the land.

Sometimes permit holders must get written consent from landowners. This applies:

• where the land is regarded as waahi tapu by the tangata whenua
• for certain land types, such as conservation land, land under crop, land near buildings or cemeteries
• if the land will be accessed in fewer than 10 working days. 

Carrying out any other activities

For other activities, permit holders need an access arrangement. Access arrangements are formal contracts between the landowner, occupier and permit holder. They set out the terms for accessing the land. 

Landowners may want to get legal advice to understand their rights and responsibilities. Legal advice can also help with negotiating and writing the access arrangement. In some cases, the Māori Trustee may be involved in access arrangements.

If the activity doesn’t involve going onto the land, an access arrangement isn’t needed. But the activity must not damage the land’s surface or affect how people enjoy or use the land in the future.

You can find a permit holder’s contact details by searching their permit number on the Minerals Permit Webmaps:

Minerals Permit Webmaps

Further information:

Guidance on land access for permit holders [PDF 316KB]

Annual report requirement

All petroleum and Tier 1 minerals permit holders are required to provide annual reports on their engagement with iwi or hapū whose rohe includes part of the permit area, or may be directly affected by the permit.

This requirement has 2 main purposes:

1. encourage permit holders to engage with iwi and hapū in a positive and constructive manner; and
2. enable NZP&M to monitor progress of the engagement

The CMA was amended in August 2023, and several changes were made in relation to iwi engagement reports that Tier 1 permit holders are required to submit. This includes a new obligation for those permit holders to provide relevant iwi and hapū with a reasonable opportunity to review and comment on their draft iwi engagement reports. Iwi and hapū comments must be included in the final report submitted to NZP&M

More information can be found via the link below:

Read our guidance on iwi engagement reports

Māori environmental guardianship - kaitiakitanga

The environment is interrelated and essential to Māori culture, economy, identity, and well-being. Māori often speak of their role as kaitiaki (guardian), for the sky, sea, and land - the process and practices of protecting and looking after the environment are referred to as kaitiakitanga.

The Conservation Act 1987 and the Resource Management Act 1991 (RMA) provide for recognition of the Treaty of Waitangi and kaitiakitanga. Section 7 of the RMA requires all individuals involved with managing the use, development, and protection of natural and physical resources to have “particular regard” to kaitiakitanga.

• The Resource Management Act 1991 — New Zealand Legislation website
• The Conservation Act 1987 — New Zealand Legislation website

Principles to consider during engagement with Māori

It is important to have these basic principles in mind when engaging with Māori:

• Talk to Māori as early as possible: this could be before a permit application is lodged but most certainly once an application has been accepted and granted.
• Provide sufficient information to enable Māori to be informed.
• Ensure the right people are talking to each other: this includes appropriate permit holder representatives talking to the right iwi and/or hapū representatives (i.e. CEO to CEO or manager to manager etc). Note that iwi and hapū might have shared geographic regions requiring permit holders to engage with different representatives who can advise on specific areas of significance.
• Be particularly aware of information that is provided on sites of local, cultural and historical significance, such as wahi tapū sites. Legends and parables can be based on environmental truths, e.g. the path of an ancestor’s canoe can represent a major migratory route for fish.
• There may be serious concerns about the risk of an oil spill or the impact of sea bed mining operations, as the relationship with the sea is usually a fundamental part of Māori identity. Kaimoana (sea food) can be the main food source for hapū, and marine mammals may be considered taonga (treasures).
• It can be more difficult to ensure you are speaking with the correct representative of a group that has not reached a Treaty settlement. NZP&M is happy to provide information in this regard – please contact us. Groups who have reached a Treaty settlement may be simpler to contact as they will have an established group who may be assigned to deal with issues such as the permitting process.
• Be aware of associated financial and resourcing constraints when seeking to engage with Māori. Requests for consultation (for example, a cultural impact assessment) can be a major resource strain for iwi. Some may feel generally under-resourced to appropriately engage with permit holders on issues.
• Consider how activities could be used to develop economic and resourcing opportunities for Māori groups in the operation region. For example, having local Māori trained as Marine Mammal Observers on seismic survey operations. This serves an immediate operational need while giving local Māori a skillset that can be used internationally.

Taranaki-based iwi Ngati Ruanui has developed best practice guidelines for engagement with Māori providing an overview for permit holders on how to approach engagement with iwi and hāpu.

Best practice guidelines for engagement with Māori [PDF 1.4MB]