4Interpretation

1. In this Act, unless the context otherwise requires,—

   acceptable financial security arrangement means a financial security arrangement that the Minister is satisfied operates in an acceptable way, and provides an acceptable level of security to the Crown, in accordance with subpart 3 of Part 3

   application round means an application round for feasibility permits of which public notice has been given under subpart 2 of Part 2

   cable has the meaning set out in section 2 of the Submarine Cables and Pipelines Protection Act 1996

   change in significant influence has the meaning set out in section 44

   chief executive means the chief executive of the Ministry

   commercial permit means a permit granted under subpart 3 of Part 2

   compliance notice means a notice issued under section 128(2)

   compliance period means the period stated in the compliance notice under section 129

   consent authority has the meaning set out in section 2(1) of the Resource Management Act 1991

   current, in relation to a permit and a permit area or a part of a permit area, means that the permit applies to that area or part and has not expired, or been surrendered or revoked, in respect of that area or part, as the case may be

   customary marine title area means a customary marine title area as defined in—

   1. section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
   2. section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

   customary marine title group means—

   1. a customary marine title group as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
   2. a customary marine title hapū as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

   decommissioning has the meaning set out in section 73 and decommission has a corresponding meaning

   decommissioning obligation means the obligation in subpart 2 of Part 3 to carry out, and meet the costs of, decommissioning any infrastructure

   decommissioning proposal means a proposal that complies with subpart 2 of Part 3

   development plan means a programme of work—

   1. that, in the case of a permit application, is proposed to be undertaken by the applicant for the permit; and
   2. that, in the case of a permit, is required to be undertaken by the permit holder in accordance with the permit

   end date or permit end date means the last day on which a permit is current

   enforcement officer means an officer appointed by the chief executive under section 101 who may perform or exercise the functions, duties, and powers of an enforcement officer as set out in subpart 1 of Part 4

   evidential material has the meaning set out in section 3(1) of the Search and Surveillance Act 2012

   excluded infrastructure means any infrastructure, structure, or installation described in paragraph (a) of the definition of ORE generation infrastructure if—

   1. it has, or is proposed to have, a total generating capacity of no more than 30MW (or another amount prescribed by the regulations for this purpose) and—
      1. its sole or primary purpose is not, or is not intended to be, deriving commercial gain from the energy generated; or
      2. it is used, or intended to be used, for 1 or more of the following activities:
         1. facilitating research and development:
         2. demonstrating the energy generation potential of ORE technology:
         3. another activity prescribed by the regulations for the purpose of this definition; or
   2. it is prescribed by the regulations as excluded infrastructure

   exclusive economic zone means New Zealand’s exclusive economic zone as defined in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

   feasibility permit means a permit granted under subpart 2 of Part 2

   financial security arrangement means 1 or more financial securities that secure the performance of a person’s decommissioning obligation and may—

   1. include financial securities of the same kind or different kinds:
   2. relate to 1 or more permits:
   3. be held by the permit holder or other persons:
   4. include any other matters relating to the securities that comprise the arrangement or how the arrangement must operate

   financial security obligation means the obligation to provide security to the Crown in subpart 3 of Part 3

   foreign ship has the meaning set out in section 2(1) of the Maritime Transport Act 1994

   issuing officer has the meaning set out in section 3(1) of the Search and Surveillance Act 2012

   marine consent has the meaning set out in section 4(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

   marine consent authority has the meaning set out in section 4(1) of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

   master has the meaning set out in section 2(1) of the Maritime Transport Act 1994

   ORE means offshore renewable energy

   ORE development or development—

   1. means—
      1. the ORE generation infrastructure that is, or is proposed to be, constructed, installed, operated, maintained, or decommissioned under a permit; and
      2. the ORE generation infrastructure activities that are, or are proposed to be, carried out under a permit in the permit area by or on behalf of the permit holder; and
   2. includes the ORE transmission infrastructure that is connected to that ORE generation infrastructure and the related ORE transmission infrastructure activities

   ORE feasibility activities means activities that are for the purpose of assessing the feasibility of ORE infrastructure activities

   ORE generation infrastructure—

   1. means any infrastructure, structure, or installation that is built or used (or is proposed to be built or used) in the territorial sea or exclusive economic zone for the purpose of generating energy from a renewable energy resource in that sea or zone; but
   2. does not include—
      1. ORE transmission infrastructure; or
      2. any excluded infrastructure

   ORE generation infrastructure activities—

   1. means—
      1. the construction, installation, operation, maintenance, or decommissioning of ORE generation infrastructure; and
      2. all related or supporting activities related to those activities; but
   2. does not include ORE transmission infrastructure activities or ORE feasibility activities

   ORE infrastructure means ORE generation infrastructure and ORE transmission infrastructure

   ORE infrastructure activities means ORE generation infrastructure activities and ORE transmission infrastructure activities

   ORE substation means a structure connected to ORE generation infrastructure that is built or used (or is proposed to be built or used) for the purpose of storing, transmitting, transforming, or conveying energy from or through the territorial sea or exclusive economic zone

   ORE transmission infrastructure—

   1. means any infrastructure, structure, or installation (including a cable, pipeline, or ORE substation) that—
      1. is built or used (or is proposed to be built or used) for the purpose of storing, transmitting, transforming, or conveying energy from or through the territorial sea or exclusive economic zone; and
      2. is (or is proposed to be) connected to ORE generation infrastructure; but
   2. does not include—
      1. ORE generation infrastructure; and
      2. electricity lines services within the meaning of section 54C(1) of the Commerce Act 1986

   ORE transmission infrastructure activities means the construction, installation, operation, maintenance, or decommissioning of ORE transmission infrastructure

   owner, in relation to ORE transmission infrastructure, means the person or persons who own that infrastructure (which must be determined in accordance with the regulations (if any))

   pecuniary penalty means a penalty described in section 158(3)

   pecuniary penalty order means an order made under section 158

   permit means a feasibility permit or a commercial permit, as the case may be

   permit application means an application for a feasibility permit or a commercial permit, as the case may be

   permit area means the area of the exclusive economic zone or the territorial sea (or both) to which a permit application or a permit applies

   permit holder means the holder of a feasibility permit or a commercial permit, as the case may be

   person who has a decommissioning obligation, in respect of any ORE infrastructure, means a person required by section 70 or 71 to carry out, and meet the costs of, the decommissioning of that infrastructure

   pipeline has the meaning set out in section 2 of the Submarine Cables and Pipelines Protection Act 1996

   post-settlement governance entity—

   1. means a body corporate or the trustees of a trust established, for the purpose of receiving redress in the Treaty settlement of a claimant group,—
      1. by that group; or
      2. by or under an enactment or order of a court; and
   2. includes—
      1. an entity established to represent a collective or combination of claimant groups; and
      2. an entity controlled by an entity referred to in paragraph (a); and
      3. an entity controlled by a hapū to which redress has been transferred by an entity referred to in paragraph (a)

   protected customary rights area means—

   1. a protected customary rights area as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
   2. an area in which a protected customary activity, as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, is recognised under that Act

   protected customary rights group means—

   1. a protected customary rights group as defined in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011; or
   2. a protected customary activity hapū as defined in section 9 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019

   register means the register of permits maintained under section 113

   regulations means regulations made under this Act

   renewable energy resource means any one of the following resources from which energy may be obtained:

   1. wind:
   2. waves:
   3. tides:
   4. ocean currents:
   5. light or heat from the sun:
   6. rain:
   7. geothermal heat:
   8. a renewable resource prescribed by the regulations

   resource consent has the meaning set out in section 87 of the Resource Management Act 1991 and includes all conditions to which the consent is subject under that Act

   safety zone means an area declared as a safety zone by the Minister in accordance with section 63

   safety zone officer means a person specified in section 109 who may exercise the powers of a safety zone officer as set out in section 110

   ship has the meaning set out in section 2(1) of the Maritime Transport Act 1994

   start date or permit start date means the first day on which a permit is current

   terms of the application round means the terms of a feasibility permit application round that are—

   1. prescribed by the regulations (if any); or
   2. set out in the public notice under section 13; or
   3. set out in information issued by the Minister (if any) under section 13

   territorial sea means the territorial sea of New Zealand as defined in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

   Treaty settlement means—

   1. a Treaty settlement Act; or
   2. a Treaty settlement deed

   Treaty settlement Act means—

   1. an Act listed in Schedule 3 of the Treaty of Waitangi Act 1975; or
   2. any other Act that provides redress for Treaty of Waitangi claims, including Acts that provide collective redress or participation arrangements for claimant groups whose claims are, or are to be, settled by another Act, including—
      1. the Maori Commercial Aquaculture Claims Settlement Act 2004:
      2. the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014:
      3. the Nga Wai o Maniapoto (Waipa River) Act 2012:
      4. the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010:
      5. the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 and secondary legislation that gives effect to section 10 of that Act

   Treaty settlement deed—

   1. means a deed or other agreement that—
      1. has been signed by or on behalf of a Minister of the Crown and representatives of a group of Māori; and
      2. is in settlement of the claims of that group or in express anticipation, or on account, of that settlement; and
   2. to avoid doubt, includes a deed or other agreement of the kind described in paragraph (a) that relates to the claims of a collective or combination of Māori groups; but
   3. does not include an agreement in principle or any document that is preliminary to a signed and ratified deed

   Treaty settlement entity means any of the following:

   1. a post-settlement governance entity:
   2. a board, trust, committee, authority, or other body, incorporated or unincorporated, that is recognised in or established under any Treaty settlement Act:
   3. an entity or a person that is authorised by a Treaty settlement Act to act for a natural feature with legal personhood:
   4. Te Ohu Kai Moana or a mandated iwi organisation (as those terms are defined in section 5(1) of the Maori Fisheries Act 2004):
   5. an iwi aquaculture organisation (as defined in section 4 of the Maori Commercial Aquaculture Claims Settlement Act 2004).