Non Statute Mineral Ownership Determination in New Zealand

Mineral ownership determination is not always straight forward as in many cases the relevant details are not recorded on the latest Land Transfer title held in the local Land Registry Office. To determine mineral ownership can be difficult, time consuming and expensive especially in a confused sector. Non statute minerals can be owned by the Crown, Land Owner or other persons. Statute minerals (Gold, Silver, Petroleum, Uranium) are always owned by the Crown and thus present no problems. In simple terms the only accurate and reliable method of determining the mineral ownership under subject land is to historically search back to the first registration when the land and minerals were definitely intact. Then carefully ascertain from the evidence gathered along the way to the present day whether any legislation or private agreement altered or affected the status quo.