Requests to exclude land

Land unavailable for minerals and petroleum prospecting, exploration and mining

Under the Crown Minerals Act 1991 (CMA), iwi and hapū can request that defined areas of particular importance to their mana are excluded from the operation of the relevant Programme, or from any permit. 

There are 3 ways to add a level of protection to areas of significance within your rohe: 

1. Iwi and hapū can provide submissions on individual permit applications, to exclude any land from the permit. 
2. Iwi and hapū make a request to the Minister for Resources (the Minister) that excludes land from the operation of the relevant Programme. 
3. Activities included in a permits work programme can be subject to additional requirements to recognise the characteristics of those areas. 

Each request or submission made by iwi and hapū should provide an accurate description of the areas and set out the reasons for their request. This is to assist the responsible Minister or decision-maker to consider the request effectively. 

Iwi or hapū submission on individual permit application

We consult with iwi and hapū when we receive applications for new prospecting, exploration and mining permits, applications to change or amend permits, and on the consideration of a new petroleum block offer round.

This consultation can include requests to exclude land or add additional requirements to a permits work programme. 

For more information on the consultation process, including what to include in a submission:

MBIE consultation with iwi and hapū

Request to exclude land from the operation of a permit

Iwi and hapū can request that the Minister exclude specific areas of land from the operation of the relevant Programme, where they are of particular importance to their mana at any time by sending us a submission.

Submissions can be sent to our inbox: TeKapehu@mbie.govt.nz

Requests should include sufficient detail to ensure the Minister can effectively consider the request. 

If the request is approved, the excluded area will be noted in the relevant sections of the Minerals Programmes and made publicly available.

This land will not be included in any permit issued under the Programmes and will no longer be subject to consultation with iwi and hapū on future permit applications relating to that area as applications will no longer be approved.

What to include in your request to exclude land

We encourage you to share information or views to help us understand your perspective, interests and significance of the area. 

Your submission should include: 

• the specific area which is being requested for exclusion (please include a map of the area)
• what makes the area important to the mana of your iwi or hapū and if it is a recognised wāhi tapu site
• if the area is already protected for example under the Conservation Act 1987, Heritage New Zealand Pouhere Taonga Act 2014, a District Plan, Regional Plan or Treaty of Waitangi Settlement legislation
• if a permit in the area would affect any customary rights or interests that have been granted under the Marine and Coastal (Takutai Moana) Act 2011
• If any iwi management plans exclude any of the proposed permit activities.
   

For land already excluded see the following documents:

Land excluded from the Minerals Programme (Excluding Petroleum) [PDF 287KB]

Land excluded from the Minerals Programme for Petroleum [PDF 186KB]

More information on land exclusion can be found in the Crown Minerals Act and related Programmes:

Overview of the minerals and petroleum regulatory environment