Review of the Treaty principles provisions in the Crown Minerals Act 1991
MBIE was directed by Cabinet to lead a review of the Treaty principles provisions in the Crown Minerals Act 1991 (CMA), separate to the review being undertaken by the Ministry of Justice (MOJ).
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Initial assessment
MBIE completed a preliminary assessment of the CMA’s Treaty provisions based on the Treaty references review assessment framework developed by MOJ. MBIE’s initial view was that:
- It is appropriate to encapsulate the Treaty relationship within the CMA.
- The current provisions, supported by the Minerals Programmes, provide a clear framework for how the Treaty applies to the CMA’s legislative regime.
- As such, we recommended that the Treaty provisions (sections 4 and 14(1)(b)) remain unchanged in the CMA.
Feedback from iwi and hapū
Feedback from iwi and hapū was clear and consistent across engagements: that the provisions should be retained and, where possible, strengthened to give greater practical effect to the Crown’s Treaty obligations. MBIE advised the Minister for Resources on the outcome from engagement and sought a decision on next steps.
Minister’s decision
On Monday, 13 October 2025, the Minister for Resources confirmed that the current Treaty principles provisions in the Crown Minerals Act 1991 will remain unchanged.
This decision concludes MBIE’s review of the Treaty principles provisions in the Crown Minerals Act.
A copy of the advice that informed this decision is available below.
Briefing - Review of the Treaty principles provisions in the Crown Minerals Act 1991 [PDF 1.6MB]
Operational improvements
Outside of the review, MBIE will explore non-legislative measures to strengthen implementation of the Treaty principles provisions. This may include:
- Updated guidance
- Improved monitoring
- Adjustments to the Minerals Programmes.
These improvements can progress independently of legislative change, ensuring we remain responsive to input from iwi and hapū during engagement.
We will also continue to give regard to the Treaty principles provision through existing consultation mechanisms on changes to legislation and when we receive applications for new prospecting, exploration and mining permits, changes to existing permits, or if a new petroleum block offer round is being considered.
More information on how we consult on our New Zealand Petroleum and Minerals:
MBIE consultation with iwi and hapū(external link) — New Zealand Petroleum and Minerals