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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 - Surrender of permits

58: Minister’s decision on surrender

You could also call this:

"When you can give up your offshore energy permit and the rules you must follow"

Illustration for Offshore Renewable Energy Bill

The Minister will agree to let you give up your permit if you have done everything you are supposed to do under the law and the permit conditions for the area you want to give up. You must also make sure that the area you want to keep is big enough for your project. If you have a commercial permit, you must have already finished decommissioning the area you want to give up. You have to meet any other requirements set out in the regulations. The Minister can also agree to let you give up your permit temporarily if you promise to meet all the requirements before the surrender date.

If you want to give up your permit, but you have not finished decommissioning or you have not sent in a report to say you have finished, the Minister will not agree to let you give up your permit. The Minister can say no to your application for other reasons too. When the Minister agrees to let you give up your permit, they will tell you the date when it will happen.

The Minister will send you a written notice with the date when you can give up your permit. However, if the Minister only agreed to let you give up your permit temporarily, you cannot give it up until you have told the Minister in writing that you have met all the requirements.

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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=LMS992204.

57: Application for full or partial surrender of permit, or

"Asking to give up all or part of your offshore energy permit"

60: Effect of expiry, revocation, or surrender, or

"What happens to your responsibilities when a permit ends or is cancelled"

Part 2Regime for offshore renewable energy permits and infrastructure protection
Provisions relating to both feasibility permits and commercial permits: Surrender of permits

58Minister’s decision on surrender

The Minister must grant a surrender application if—
the permit holder is in compliance with all requirements under this Act and the regulations and the conditions of the permit in respect of the surrender area; and
in the case of partial surrender, the remaining permit area would still be a reasonable size for the development; and
in the case of a commercial permit, the decommissioning obligation in respect of the surrender area is complete; and
any other requirements prescribed by the regulations are met.

If the Minister is satisfied that the permit holder will meet all or any of the requirements in subsection (1)(a) before the proposed surrender date, and that all of the other requirements in subsection (1) are met, the Minister may provisionally grant a surrender application, in which case the Minister must give written notice to the permit holder of any requirements under subsection (1)(a) that are outstanding.
The Minister must reject a surrender application if the permit holder has not completed their decommissioning obligation, or has not submitted a decommissioning completion report, in respect of all ORE generation infrastructure in the relevant permit area.
Subsection (3) does not limit the grounds on which the Minister may reject a surrender application.
A surrender takes effect on the date specified by the Minister by written notice to the permit holder.
However, a surrender under a provisional grant cannot take effect before the permit holder has given written notice to the Minister that the outstanding requirements have been met.