The New Zealand Government retains ownership of in-ground petroleum and almost all mineral resources. Clients need an integrated firm, such as Simpson Grierson, who can assist them with permitting regimes in the Crown Minerals Act 1991, resource consents under the Resource Management Act 1991, negotiate other industry specific pieces of legislation and finally, in securing physical access to land.
The Government agency responsible for administering the minerals regime is Crown Minerals. It operates under the Crown Minerals Act 1991 with each step (prospecting, exploration or mining), controlled by permits. Simpson Grierson deals with Crown Minerals almost daily. We advise clients on the applications process, permitting and royalty regimes. We also advise on licence issues, work programme negotiations, AFO regime and bidding agreements through to the transfer or surrender of permits. This includes foreign investment approvals where needed.
In April of 2006, the New Zealand Government lodged a new seabed boundary under Article 76 of the UN Convention on the Law of the Sea 1982 (UNCLOS). This application, if successful by 2009, could add approximately 1.7 million square kilometres of seabed currently outside of New Zealand's existing 200 nautical mile Exclusive Economic Zone.
We have wide experience in on-shore and offshore matters. This includes the operation, chartering and financing of drilling rigs, floating production storage and off-loading systems, seismic and other vessels. This includes on-shore production and related collateral. We also have the litigation teeth to protect vital intellectual property such as survey data.
The Resource Management Act 1991 (RMA) also plays an important part in prospecting, exploring or mining. The RMA is administered by local, as opposed to central, government. Sometimes there can be conflict between local policy and the use of natural resources. Crucially, neither the Crown Minerals Act 1991 or the Resource Management Act 1991 grant access to land. Our integrated approach to legal services extends to negotiating for and securing land and other access requirements.
More information about how we may assist is on the Resource Management Act page.
Simpson Grierson lawyers have proven experience with major projects. We are also used to working with other experts and in-house counsel. We are ideally placed to deal with your complete prospecting, exploring and mining needs.
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