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How it all works

Summary of the process:

  1. A company identifies an area that they want to prospect or explore for gold.
  2. They apply to New Zealand Petroleum and Minerals for a permit (prospecting, exploration or mining). This gives them the right to the minerals, not the land (although, if they are prospecting they may enter your land without your permission, but must give notice).
  3. The company then apply for whatever resource consents are required (unless they use the Fasttrack – see below) in the District/Region in which they operate – in our case, this will be governed by either of 2 Regional Councils: Waikato Regional Council of Bay of Plenty Regional Council, and either of 2 District Councils: Thames Coromandel District Council or Hauraki District Council. What consents they need, what is permitted or not is different under each council.
  4. Regional Councils have a regional Plan which outlines what needs a consent, what is allowed and what is prohibited. District Councils have a District Plan which does same.
  5. Resource Consents can sometimes be publicly notified, but often are not. That means that a community might get a say in whether or not a Consent should be granted. This will generally only happen when a consent if for a pretty significant activity. For example, none of the drilling or clearance of bush or water take at Wharekirauponga has been notified, despite this being a Significant Natural Area, public conservation land and a popular area for tramping.
  6. If they are notified, it may be limited to only people considered to be ‘affected’ – often only immediate neighbours to the area where the activity is proposed. These people will generally be notified via letter.
  7. Or if it is publicly notified, it will be done by publishing an ad in local publications inviting people to make submissions on the activity.
  8. Coromandel Watchdog can help with both of these.
  9. If the proposal is over private land, the company must seek permission of the landowner to enter the land (other than for a prospecting permit, as above).
  10. If permission is granted, then that is lodged on the title, meaning that if you then want to sell your land, future owners will also be bound by any agreement you agreed to.
  11. If you decline permission, the mining company may still access minerals beneath your land from a neighbouring property – i.e. mining underneath your property.

NB: There is no provision in the permitting system for public consultation.
Generally communities only find out at the mining stage, if resource consents are required and the affects are deemed to be more than minor. Even at that stage, there is no guarantee communities will get any say.

Fast Track Approvals Act 2025

In 2024 the National led Government proposed a new piece of legislation designed to provide developers, including miners, with a ‘one stop shop’ for consenting ‘significant’ developments. They called it the Fast Track Approvals Act (FTAA).

The genesis of the Act originated in the previous Labour Governments response to Covid19; under Minister David Parker, that government developed a Fast Track regime to enable ‘shovel’ ready projects to somewhat circumvent the Resource Management Act. Designed to stimulate economic growth, and create jobs post pandemic, the Act had a ‘sunset’ clause, meaning that it was only active for a specific period of time. Coromandel Watchdog had some concerns, which we shared with the Minister, about the Act, as one of the core ways it sped up the process was to remove the ability for the public to have a say. And gave the Minister and a small Panel absolute decision making power – although some rights to appeal were protected, and a small select group of environmental organisations would still be consulted.

The Act was passed, and utilised, and as they considered it a success, the Government (same Labour one) decided to creat a more permanent Fast Track regime as part of the wider Resource Management reform they were undertaking. Coromandel Watchdog this time outright objected, and opposed the formation of the Act, citing concerns including that major decisions which would have intergenerational impacts should not be rushed, and that the removal of public participation was undemocratic, and unwise.

Unfortunately, the proposed Bill became an Act, and the process of fast-tracking RMA consents for ‘major’ developments began.

Even more unfortunately, the next Government, this time a coalition between NZ First, Act and National elected to enhance the fast-tracking of development in Aotearoa, drafting and then hastily passing the Fast Track Approvals Act; the Act was passed very fast, after a short period of consultation, and in the face of overwhelming opposition from almost all sectors, including the environment/conservation sector. Coromandel Watchdog, and a range of other groups, large and small, concerned at the potential for our voices to be lost, joined together to form an alliance of Communities Against the Fasttrack (CAFT) to ensure that as many people were aware of this rapidly moving legislative leap – and were ready to fight it.. 

This new version of a Fasttrack law went a lot further than the previous iterations; heralded as a ‘one stop shop’ it enables developers not only to speed up their resource consent process, but also to attain any permits, consents or other permissions needed under a range of other legislation including the Conservation Act, the Wildlife Act and the Pubic Works Act. The Act also overrides local planning instruments, like District and Regional Plans (although those authorities retain the financial responsibility for consents granted by the Act on their behalf). 

Unusually, the Government chose to include a range of private developments in a Schedule to the Act, and OceanaGolds vast expansion at Waihi and into Nationally Significant Conservation land at Wharekirauponga was on the list. As at February 2025 we await the substantive applications from those listed.

So, in summary, if a mining application is fast-tracked, neither you, nor us, will have any right to have any say, and your rights under a range of other law will likely be severely curtailed also. This Act is a huge departure from the planning regime that we have had in Aotearoa from more than a generation (that’s 30 years) and we wait with trepidation to see how the process plays out..