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Offshore Renewable Energy Bill

Regime for offshore renewable energy permits and infrastructure protection - Provisions relating to both feasibility permits and commercial permits - Permit transfers and changes in significant influence

46: Approval required for change in significant influence over permit holder

You could also call this:

"You need Minister's approval to change who controls a permit holder."

Illustration for Offshore Renewable Energy Bill

If you get significant influence over a permit holder, or you stop having significant influence, you must follow the rules. You will break the rules if the Minister has not approved the change, or if the change happens outside of the approved time.

The Minister is the person who decides if a change in significant influence is allowed. If you ask the Minister for approval and they are still thinking about it when the change happens, you will not break the rules while they are making their decision.

If the Minister says yes to your request, you will not break the rules. But if the Minister says no, you will be treated as if you broke the rules from the date they tell you their decision.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992190.

45: Meaning of approval period, or

"When a big change happens to someone with a permit, there's a special time frame called the approval period"

47: Application for approval, or

"Asking to take control of a company with a permit"

Part 2Regime for offshore renewable energy permits and infrastructure protection
Provisions relating to both feasibility permits and commercial permits: Permit transfers and changes in significant influence

46Approval required for change in significant influence over permit holder

A person (person A) contravenes this section if—
person A—
1. obtains significant influence over a permit holder; or
2. ceases to have significant influence over a permit holder; and
either—
1. the Minister has not given approval for the change in significant influence over the permit holder; or
2. the Minister has given approval, but the change takes effect outside of the approval period.

However, if an application for approval has been properly made but the application is still being considered by the Minister when the change in significant influence takes effect,—
subsection (1) is not contravened while the application is being considered by the Minister; and
if the Minister gives approval, subsection (1) is not contravened; but
if the Minister declines to give approval, subsection (1) must be treated as being contravened from the date the Minister gives notice of the decision.