39Revocation or transfer of permit

1. The Minister may revoke a permit or transfer a permit to the Minister (in replacement for the permit holder) if the Minister is satisfied that the permit holder has contravened—

2. a condition of the permit; or
3. this Act or the regulations.

4. The Minister may also revoke a permit—

5. as referred to in section 41AG(8) or 41A(6); or
6. in accordance with section 41AF (but, in this case, subsections (2) to (4) of this section do not apply).

7. Before deciding whether to revoke or transfer a permit, the Minister must serve on the permit holder written notice of his or her intention to revoke or transfer the permit that—

8. sets out the grounds on which the Minister intends to revoke or transfer the permit; and
9. gives the holder 40 working days after the date on which the notice is served to—
   1. remove the grounds for the revocation or transfer; or
   2. provide reasons why the permit should not be revoked or transferred.

10. In the case of an intention to revoke a permit under section 41AG(8)(b) or (c) or 41A(6)(b) where the change of control has been notified in accordance with section 41AG(1) or 41A(1), the Minister may only serve a notice under subsection (2) within 3 months after the later of the following:

11. the date on which the permit participant notifies the Minister of the change of control in accordance with section 41AG(1) or 41A(1):
12. the date by which the permit participant provides to the Minister all of the information and documents requested under section 41AG(5) or (6) or 41A(4), as applicable.

13. The Minister may, by serving written notice on the permit holder, revoke or transfer the permit with effect on the date that is specified in the notice if—

14. the grounds for revocation or transfer have not been removed; or
15. after having considered reasons provided in accordance with subsection (2)(b)(ii), the Minister still considers there are grounds for revoking or transferring the permit.

16. In the case of section 41AG(8)(a) or 41A(6)(a), the following applies:

17. the Minister may, by serving written notice on the permit holder, revoke the permit with effect on the date specified in the notice if the Minister is satisfied that the permit should be revoked:
18. the Minister may be so satisfied even if the Minister becomes satisfied of the matter set out in section 41AG(8)(b) or (c) or 41A(6)(b), as applicable (for example, the Minister may be satisfied that the permit should be revoked because there is no good reason to excuse the contravention of section 41AG(1) or 41A(1)).

19. The notice under subsection (3) or (3A) may be served only on or after the date that is 40 working days after the date on which the notice under subsection (2) is served.

20. If the Minister transfers a permit in accordance with subsection (3),—

21. the permit is automatically transferred into the name of the Minister; and
22. the consent of the Minister under section 41 is not required to transfer the permit to, or from, the Minister; and
23. the Minister may exercise the rights granted by the permit, or offer it or any share in it for sale by public tender or otherwise.

24. A permit holder who is served with written notice under subsection (3) or (3A) may, not later than 20 working days after the date on which the notice is served, appeal against the Minister's decision to the High Court, but only on the ground that the decision is erroneous in point of law.

25. Pending the determination of an appeal under subsection (5), the permit in respect of which the appeal is made continues in force for all purposes unless it sooner expires.

26. The Minister must record any revocation or transfer of a permit on the register of permits, but need not record the reasons for the revocation or transfer.

27. The revocation of a permit or the transfer of a permit to the Minister under this section shall not release the permit holder from any liability in respect of—

28. a permit, or any condition of it, up to the date of revocation or transfer; and
29. any act under the permit up to the date of revocation or transfer giving rise to a cause of action.

30. As soon as practicable after a permit is revoked, the chief executive must lodge a copy of the notice served on the permit holder under subsection (3) or (3A) with—

31. the Registrar-General of Land, if the permit was granted before 21 August 2003 and was a permit other than in respect of petroleum:
32. the Registrar of the Māori Land Court, if the permit was granted in respect of Māori land and—
    1. the permit was granted before 21 August 2003 and was a permit other than in respect of petroleum; or
    2. the permit was granted on or after 21 August 2003.

33. Repealed