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Conservation Act 1987

Concessions

17ZC: Changing conditions

You could also call this:

"Changing the rules of your concession agreement"

The Minister and you can agree to change conditions in your concession document at any time, as long as you both agree in writing. You can make small changes that do not hurt the environment more or make the activity longer. You can also make changes that will reduce the bad effects of the activity.

You can ask the Minister to change or extend your concession at any time, and they will treat it like a new application. The Minister will follow the same rules as when you first applied, which are in sections 17S to 17ZB.

The Minister can change the conditions of your concession if it is necessary. This can happen if the concession document says it can be reviewed, or if the activity is hurting the environment more than expected. The Minister can also change the conditions if you gave them wrong information when you applied, and the activity needs different conditions now. You have to follow any changes the Minister makes.

If the Minister changes or extends your concession, you both have to sign a document saying so. If your concession is related to a lease or licence that is registered under the Land Transfer Act 2017, the document has to be registered too. If you have a lease and a record of title has been issued, the changes have to be noted on the record of title.

If someone has a mortgage on your concession, the changes will not affect them unless they agree to the changes in writing.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM104664.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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17ZB: Accounts, or

"Providing financial accounts to the Minister when you have a conservation concession"

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17ZD: Failure to execute or exercise concession document, or

"What happens if you don't use or sign your concession document on time"

Part 3BConcessions

17ZCChanging conditions

  1. The Minister and the concessionaire may at any time, by agreement in writing and without any public notification, vary any conditions in the concession document where—

  2. the variation is of a minor and technical nature and does not materially increase the adverse effects of the activity or the term of the activity or materially change the location of the activity; or
    1. the variation will result in a reduction of the adverse effects or the duration of the activity.

      1. The concessionaire may at any time apply to the Minister for a variation or extension to the concession and such application shall be treated as if it were an application for a concession; and the provisions of sections 17S to 17ZB shall apply accordingly.

      2. The Minister, on request or on his or her own motion, may vary the conditions of a concession where—

      3. the variation is the result of a review provided for in the concession document; or
        1. the variation is necessary to deal with significant adverse effects of the activity that were not reasonably foreseeable at the time the concession was granted; or
          1. the variation is necessary because the information made available to the Minister by the concessionaire for the purposes of the concessionaire's application contained inaccuracies that materially influenced the decision to grant a concession and the effects of the activity permitted by the concession require more appropriate conditions;—
              1. and the concessionaire shall be bound by every such variation.

            1. An instrument of any variation or extension must be executed by the Minister and by the concessionaire and, if it relates to a lease or licence or easement registered under the Land Transfer Act 2017, must be registered under that Act.

            2. If the instrument of variation or extension relates to a lease for which a record of title has been issued, the memorandum must be noted on the record of title.

            3. If the interest of the concessionaire is at the time of registration of the instrument of variation or extension subject to a mortgage, the instrument shall not be binding on the mortgagee unless the mortgagee has consented to the variation or extension in writing in the instrument.

            Notes
            • Section 17ZC: inserted, on , by section 7(1) of the Conservation Amendment Act 1996 (1996 No 1).
            • Section 17ZC(4): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
            • Section 17ZC(5): replaced, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).
            • Section 17ZC(6): amended, on , by section 250 of the Land Transfer Act 2017 (2017 No 30).