105Regulations

1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

2. prescribing the form or content of applications, permits, notices, reports, or any other documentation or information required under this Act, and the manner in which such documentation or information is to be provided (including electronically):
3. prescribing the information to be provided with applications for permits:
4. prescribing conditions on which permits may be applied for, granted, changed, or extended:
5. specifying for the purposes of section 33C the kind or class of permits for which an annual report of the permit holder's engagement with iwi affected by the permit must be provided to the Minister:
6. prescribing, in relation to iwi engagement reports to which sections 33C and 33CA apply, the minimum required content, the manner in which the reports are to be provided, the periods to which the reports must apply, and the respective times by which—
   1. draft reports must be provided to iwi and hapū for feedback:
   2. feedback on the draft reports must be given by iwi or hapū to the permit holder or holder of an existing privilege, as the case requires:
   3. reports must be provided to the chief executive.
7. prescribing the manner in which permits may be surrendered:
8. prescribing the manner in which persons wishing to apply for permits in respect of any land are to mark out or identify the land and prescribing a graticular system for the purpose of defining areas or parts of areas comprised in permits, applications for permits, or extensions of permits:
9. specifying requirements for the work programme for Tier 3 permits under section 2BA, including permitting or prohibiting the use of specific equipment by permit holders:
10. prescribing registers to be kept under this Act, the form of such registers, the matters to be entered therein, and the means by which entries shall be verified:
11. providing for the keeping and provision of records, reports, information, and returns by permit holders for any purpose under this Act, and prescribing the nature of the records, reports, information, and returns, and the form, manner, and times in or at which they shall be kept or provided:
12. prescribing the records, statements, or any other documentation or information required under other legislation that must be retained for the purposes of this Act:
13. prescribing matters for the purposes of section 42B (field development plans), section 42C (notice of expected cessation and nature of cessation), and section 89ZD (asset registers):
14. prescribing requirements in relation to the subpart 2 decommissioning plan submitted under section 89ZB:
15. prescribing matters for the purposes of sections 89ZC (decommissioning cost estimate), 89ZE (decommissioning completion report), and 89ZF (provision of information needed to monitor financial position):
16. prescribing the standard or requirements that a decommissioning cost estimate submitted under section 89ZC must meet:
17. prescribing the information that must be provided under section 90B and the form, manner, and times in or at which that information must be provided:
18. prescribing the form, manner, and times in or at which the chief executive may publish any or all of the information that must be provided under section 90B:
19. providing for the keeping by a holder of a permit of cores, specimens, or samples obtained in the course of activities carried out under the permit and for the examination, taking, and retention of such cores, specimens, or samples by authorised persons:
20. prescribing matters in respect of which fees are to be payable under this Act, the amount of the fees, the time and manner of their payment, and the persons liable to pay them, and providing for charges for late payment of fees:
21. authorising the refund or remission of any fees payable under this Act:
22. prescribing the amount of monetary deposits or bonds required with applications for permits:
23. prescribing the duties of permit holders and the activities to be carried out under permits:
24. prohibiting or regulating activities under a permit near the boundaries of the land comprised in the permit and on or near land comprised in other permits:
25. for the purposes of the definition of minimum impact activity, prescribing impacts as prohibited impacts and land as prohibited land:
26. generally regulating activities carried out under permits:
27. providing for the exemption of permit holders, either wholly or partially, and either absolutely or conditionally, from any of the conditions of their permits or from the provisions of any regulations for the time being in force under this Act:
28. the prevention of the waste or loss of petroleum:
29. regulating the decommissioning of petroleum infrastructure and the plugging and abandonment of wells:
30. exempting specified classes of permit holders or licence holders from the obligation to decommission specified classes of petroleum infrastructure (in whole or in part), or to plug and abandon specified classes of wells, or both, or deferring any or all of those obligations (in whole or in part):
31. declaring petroleum infrastructure and classes or items of petroleum infrastructure to be or not to be, as the case requires, relevant older petroleum infrastructure:
32. declaring an individual well or class of wells to be, or not to be, as the case requires, to be a relevant older well or relevant older wells:
33. requiring permit holders and licence holders to notify the chief executive of the likely date on which production will cease at any well, or in any field, at specified times:
35. exempting specified classes of permit holders or licence holders from the obligation to carry out, and meet the costs of, post-decommissioning work under section 89ZV (either in whole or in part):
36. prescribing requirements in relation to the ongoing monitoring of a permit or licence holder’s financial position and assessing their financial capability under sections 89ZF to 89ZK:
37. prescribing arrangements or other things that are or are not to be treated as financial securities:
38. regulating the setting, obtaining and maintaining of financial security arrangements that are required to be put in place and maintained, which may include, without limitation,—
    1. setting criteria that the Minister must consider under section 89ZM(1)(b) when deciding the kinds and amounts of financial security to be required:
    2. specifying matters to be considered by the Minister when determining the amounts that are required to be secured (including 1 or more formulas or other methods of calculating those amounts):
    3. prescribing circumstances in which certain kinds of securities will or will not be permitted:
    4. requiring certain kinds of financial securities to be held in specified situations:
    5. setting a hierarchy of preferred financial securities, which may differ in different circumstances:
    6. specifying how certain financial securities must be held:
    7. setting time frames for the obtaining and maintaining of all or part of a required security:
    8. prescribing the manner in which information is to be supplied for the purposes of section 89ZL(2):
    9. enabling the Minister to determine any other specified matter in connection with financial securities:
39. specifying the maximum amount or a scale of maximum amounts to be secured by financial securities that permit holders and licence holders may be required to obtain and maintain:
42. prescribing matters for the purposes of section 89ZZS:
43. providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.

44. Any regulations made under this section may provide for different regulations to apply in respect of different classes of permits, permit holders, or activities or in respect of the same class of permits, permit holders, or activities, in different circumstances.

45. Any regulations made under this section may apply generally throughout New Zealand or within any specified part or parts thereof. All regulations made under this section shall, unless otherwise specified in the regulations, apply generally throughout New Zealand and the continental shelf.

46. Regulations made under this section may apply in relation to licences, licence holders, and holders of a participating interest in a licence, or any class of licence or those persons, in so far as the regulations relate to subparts 2 and 3 of Part 1B or any other provision of this Act specified in the regulations.

47. Regulations made under subsection (1)(qb) subsection (1)(qb), (qc), or (qd) (which relates to class exemptions) may only provide for exemptions—

48. that the Minister is satisfied are exemptions from requirements that are unreasonable or inappropriate for the exempted class of persons to comply with; or
49. if the Minister is satisfied that events have occurred that make the requirements unnecessary or inappropriate for the exempted class of persons to comply with.

50. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).