Conservation Act 1987

Concessions

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

You could also call this:

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

If you have a concession that is due to expire, you might be able to keep using it for a bit longer. This can happen if the Minister has started a process under section 17ZG(2)(a) to look at an application for a new concession. You need to tell the Minister in writing that you want to keep using your existing concession.

You must give the Minister written notice that you want to keep using your concession at least six months before it expires. If you give notice between six months and three months before it expires, the Minister might still let you keep using it. You can keep using your concession until the Minister decides what to do with the new application and any appeals are sorted out.

The Minister's decision might be to grant a new concession or not, and you or others might appeal this decision under section 17ZJ. If you appeal, the Minister will look at your appeal and make a decision. If you do not appeal, or if the Minister makes a decision on your appeal, you can no longer appeal.

There is a deadline for appeals, which is one month after the Minister's decision, or a deadline set by regulations under section 48AA. This section does not apply if section 17ZAA already applies to your concession. You must have followed all the rules of your existing concession to be able to keep using it.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4717402.

Topics:

Environment and resources > ConservationGovernment and voting > Government departments

17ZAA: Concession may continue after application for new concession, or

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

17ZA: Registration of easements, or

"Protecting special areas: registering rights to use someone else's land"

Part 3BConcessions

17ZAABConcession may continue after process initiated under section 17ZG(2)(a)

This section applies if—
a concession is due to expire; and
the Minister has exercised a power under section 17ZG(2)(a) to initiate a process that relates to an application for a concession; and
an application by the concessionaire for a new concession for the same activity would be inconsistent with the process if the application were made when written notice is given under paragraph (d); and
the concessionaire gives written notice to the Minister that the concessionaire wants to continue to operate under the existing concession under this section; and
the written notice meets the timing requirement in subsection (2) or (3); and
the concessionaire has complied with the terms and conditions of the existing concession.

The written notice meets the timing requirement if it is given at least 6 months before the existing concession expires.
The written notice also meets the timing requirement if—
it is given in the period starting 6 months before, and ending 3 months before, the existing concession expires; and
the Minister, in his or her discretion, allows the written notice to be given within that period.

The concessionaire may continue to operate under the existing concession until—
the Minister has decided to grant or to decline to grant a concession for each application made in accordance with the process initiated under section 17ZG(2)(a); and
each applicant's right to apply for reconsideration under section 17ZJ has been resolved as described in subsection (6), (8), (10), or (12).

Subsection (6) applies if—
the Minister decides to grant the applicant's concession; and
the applicant does not apply for reconsideration under section 17ZJ(b) before 1 of the following things happens:
1. the concession document is signed by the parties:
2. the specified deadline is reached.

The applicant's right to apply for reconsideration is resolved when 1 of the things described in subsection (5)(b)(i) and (ii) happens.
Subsection (8) applies if—
the Minister decides to grant the applicant's concession; and
the applicant applies for reconsideration under section 17ZJ(b) before 1 of the following things happens:
1. the concession document is signed by the parties:
2. the specified deadline is reached.

The applicant's right to apply for reconsideration is resolved when 1 of the following things happens:
the concession document is signed by the parties:
the Minister completes or declines to carry out the reconsideration.

Subsection (10) applies if—
the Minister declines to grant the applicant's concession; and
the applicant does not apply for reconsideration under section 17ZJ(a) before the specified deadline.

The applicant's right to apply for reconsideration is resolved when the specified deadline is reached.
Subsection (12) applies if—
the Minister declines to grant the applicant's concession; and
the applicant applies for reconsideration under section 17ZJ(a) before the specified deadline.

The applicant's right to apply for reconsideration is resolved when the Minister completes or declines to carry out the reconsideration.
This section does not apply to an existing concession if section 17ZAA already applies to the concession.
In this section, specified deadline means the sooner of the following times:
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 relevant applicant's concession:
the end of any time limit for the relevant applicant 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 17ZAAB: inserted, on 31 August 2012, by section 4 of the Conservation Amendment Act 2012 (2012 No 61).