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New Zealand law explained for everyone

Conservation Act 1987

Concessions

17ZAA: Concession may continue after application for new concession

You could also call this:

"You can keep doing something under an old permit while waiting for a new one."

If you have a concession that is due to expire, you can apply for a new one for the same activity. Your application must comply with section 17R and include the information required by section 17S(1) and (2). You must also meet the timing requirement, which means you apply at least 6 months before your existing concession expires.

If you apply for a new concession, you may be able to keep operating under your existing concession. This can happen if the Minister decides to grant you a new concession, or if you apply for reconsideration under section 17ZJ. You can keep operating until the new concession document is signed, or until a certain deadline is reached.

The Minister's decision and your actions will affect how long you can keep operating under your existing concession. If the Minister declines to grant you a new concession, you may still be able to operate until a certain deadline, or until the Minister completes or declines to carry out a reconsideration. A specified deadline is the sooner of two times: one month after the Minister's decision, or the end of any time limit for you to apply for reconsideration under section 17ZJ.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4717400.

Topics:
Environment and resources > ConservationGovernment and voting > Government departments
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17Z: Term of concession, or

"How long you can have a concession for, like a lease or permit, on public land"

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17ZAAB: Concession may continue after process initiated under section 17ZG(2)(a), or

"You can keep using your concession a bit longer if you ask the Minister in writing before it expires."

Part 3BConcessions

17ZAAConcession may continue after application for new concession

  1. This section applies if—

  2. a concession is due to expire; and
    1. the concessionaire applies for a new concession for the same activity; and
      1. the application complies with section 17R and includes the information required by section 17S(1) and (2); and
        1. the application meets the timing requirement in subsection (2) or (3); and
          1. the concessionaire has complied with the terms and conditions of the existing concession.

            1. The application meets the timing requirement if it is made at least 6 months before the existing concession expires.

            2. The application also meets the timing requirement if—

            3. it is made in the period starting 6 months before, and ending 3 months before, the existing concession expires; and
              1. the Minister, in his or her discretion, allows the application to be made within that period.

                1. Subsection (5) applies if—

                2. the Minister decides to grant the new concession; and
                  1. the concessionaire does not apply for reconsideration under section 17ZJ(b) before 1 of the following things happens:
                    1. the new concession document is signed by the parties:
                      1. the specified deadline is reached.

                      2. The concessionaire may continue to operate under the existing concession until 1 of the things described in subsection (4)(b)(i) and (ii) happens.

                      3. Subsection (7) applies if—

                      4. the Minister decides to grant the new concession; and
                        1. the concessionaire applies for reconsideration under section 17ZJ(b) before 1 of the following things happens:
                          1. the new concession document is signed by the parties:
                            1. the specified deadline is reached.

                            2. The concessionaire may continue to operate under the existing concession until 1 of the following things happens:

                            3. the new concession document is signed by the parties:
                              1. the Minister completes or declines to carry out the reconsideration.

                                1. Subsection (9) applies if—

                                2. the Minister declines to grant the new concession; and
                                  1. the concessionaire does not apply for reconsideration under section 17ZJ(a) before the specified deadline.

                                    1. The concessionaire may continue to operate under the existing concession until the specified deadline.

                                    2. Subsection (11) applies if—

                                    3. the Minister declines to grant the new concession; and
                                      1. the concessionaire applies for reconsideration under section 17ZJ(a) before the specified deadline.

                                        1. The concessionaire may continue to operate under the existing concession until the Minister completes or declines to carry out the reconsideration.

                                        2. This section does not apply to an existing concession if section 17ZAAB already applies to the concession.

                                        3. In this section, specified deadline means the sooner of the following times:

                                        4. the end of the day that is 1 month after the day of the Minister's decision to grant or to decline to grant the new concession:
                                          1. the end of any time limit for the concessionaire to apply for reconsideration under section 17ZJ that is prescribed by regulations made under section 48AA, including any extension of the time limit.

                                            Notes
                                            • Section 17ZAA: inserted, on , by section 4 of the Conservation Amendment Act 2012 (2012 No 61).