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Natural Environment Bill

Natural resource permits - Nature of permits, commencement, duration and review - Transfer and surrender

195: Transferability of water permits

You could also call this:

"Rules for passing on your water permit to someone else"

Illustration for Natural Environment Bill

If you have a water permit, you might be able to transfer it to someone else. You can transfer the whole permit to the owner or occupier of the site where the permit is used, but not to anyone else. This rule is different if your permit is for something other than damming or diverting water. You can transfer part or all of your permit to the owner or occupier of the site, or to someone else on a different site in the same area. The transfer must be allowed by a plan or approved by the permit authority. You will need to apply for the transfer and it must be considered like a new permit application. When you transfer your permit, you must tell the permit authority in writing. The transfer is not official until they receive your notice. If you apply to transfer your permit, the permit authority will consider the effects of the transfer on the environment. If your transfer is approved, your original permit might be cancelled and the transferred part will be like a new permit. The new permit will have the same conditions as the original, or new conditions set by the permit authority.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525629.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > Water managementEnvironment and resources > ConservationBusiness > Industry rules

194: Transferability of coastal permits, or

"Passing on a coastal permit to someone else"

196: Transferability of discharge permits, or

"Transferring a discharge permit to someone else or a different site"

Part 4Natural resource permits
Nature of permits, commencement, duration and review: Transfer and surrender

195Transferability of water permits

A holder of a water permit granted for damming or diverting water may transfer the whole of the holder’s interest in the permit to any owner or occupier of the site in respect of which the permit is granted, but may not transfer the permit to any other person or from site to site.
A holder of a water permit granted other than for damming or diverting water may transfer the whole or any part of the holder’s interest in the permit—
to any owner or occupier of the site in respect of which the permit is granted; or
to another person on another site, or to another site, if both sites are in the same catchment (either upstream or downstream), aquifer, or geothermal field, and the transfer—
1. is expressly allowed by a plan; or
2. has been approved by the permit authority that granted the permit on an application for transfer under subsection (5).

A transfer under subsection (1) or (2) may be for a limited period.
A transfer under any of subsections (1) and (2)(a) and (b)(i) has no effect until written notice of the transfer is received by the permit authority that granted the permit.
An application for transfer under subsection (2)(b)(ii)—
must be in the prescribed form and be lodged jointly by the holder of the water permit and the person to whom the interest in the water permit will transfer; and
must be considered in accordance with subparts 1 to 5 of this Part as if—
1. the application for a transfer were an application for a natural resource permit; and
2. the permit holder were an applicant for a natural resource permit.

When considering an application for transfer under subsection (2)(b)(ii), the permit authority must, in addition to the matters set out in subpart 4, have regard to the effects of the proposed transfer, including the effect of ceasing or changing the exercise of the permit under its current conditions, and the effects of allowing the transfer.
If the transfer of the whole or part of the holder’s interest in a water permit is notified under subsection (4), or approved by the permit authority under subsection (2)(b)(ii), and is not for a limited period, the original permit, or that part of the permit transferred, is deemed to be cancelled and the interest or part transferred is deemed to be a new permit—
on the same conditions as the original permit (if subsection (4) applies); or
on such conditions as the permit authority determines under subsection (5) (if that subsection applies).