Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

Permits, enforcement, and regulations for protected areas - Permits

40: Revocation of permit or amendment to permit conditions due to adverse effects and other grounds

You could also call this:

"The Director-General can cancel or change a permit if it harms the environment or doesn't meet rules."

Illustration for Hauraki Gulf / Tīkapa Moana Marine Protection Act 2025

The Director-General can cancel a permit or change its conditions at any time. You need to know this can happen if the activity is causing more harm to the protected area than expected. The Director-General can also make changes if the activity goes against the biodiversity objectives for the area in a way that was not expected when the permit was granted. The Director-General can cancel or change a permit if the activity is inconsistent with new biodiversity objectives set after the permit was granted. This can also happen if the activity is inconsistent with the rights and interests of iwi who take care of the protected area in a way that was not expected. The Director-General makes these decisions under section 37. The Director-General considers the effects of the activity on the protected area when making these decisions. You can find more information about permits in section 37. The Director-General's decisions are based on the rules set out in the legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS882834.


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Part 3Permits, enforcement, and regulations for protected areas
Permits

40Revocation of permit or amendment to permit conditions due to adverse effects and other grounds

  1. The Director-General may, at any time, revoke a permit granted under section 37, or amend any condition of the permit, if the Director-General considers that the activity to which the permit relates—

  2. is causing adverse effects to the protected area that are greater than those anticipated at the time the permit was granted; or
    1. is inconsistent with the biodiversity objectives for the protected area in a manner that was not anticipated at the time the permit was granted; or
      1. is inconsistent with any new or amended biodiversity objectives for the protected area set after the permit was granted; or
        1. is inconsistent with the rights and interests of iwi that exercise kaitiakitanga in the protected area in a manner that was not anticipated at the time the permit was granted.