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Offshore Renewable Energy Bill

Decommissioning of ORE infrastructure - Decommissioning obligation - What does decommissioning obligation require

73: Standard of decommissioning required

You could also call this:

"How to properly shut down and remove old offshore energy equipment"

Illustration for Offshore Renewable Energy Bill

When you hear about decommissioning, it means taking something out of service permanently. In the case of offshore renewable energy infrastructure, decommissioning includes activities like site restoration when the infrastructure is no longer in use. It also includes any other activities that regulations might require.

If there are no specific rules about how to decommission a particular piece of infrastructure, it must be completely removed. However, if a piece of infrastructure is left in place as allowed by a marine consent or coastal permit under the Resource Management Act 1991, it is considered decommissioned. You need to follow the rules and plans that have been accepted under other laws, like the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, when decommissioning infrastructure.

The standard for decommissioning is important for figuring out if someone has enough financial security to cover the costs of decommissioning and if they are meeting their obligations. It applies to offshore renewable energy infrastructure and helps ensure that it is decommissioned properly. You should be aware that decommissioning plans and financial security arrangements are crucial in this process.

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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=LMS992228.

72: Minister must remove release transferor from decommissioning obligation in some circumstances, or

"Minister must let you off decommissioning duty in certain situations"

74: When decommissioning obligation must be carried out, or

"When you must clean up old offshore energy equipment"

Part 3Decommissioning of ORE infrastructure
Decommissioning obligation: What does decommissioning obligation require

73Standard of decommissioning required

In this Act, unless the context otherwise requires, decommissioning, in relation to any ORE infrastructure,—
means an activity undertaken under any enactment (for example, the Resource Management Act 1991, the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, or the Health and Safety at Work Act 2015), and in accordance with any requirements or standards set by or under that enactment or imposed by a regulatory agency, to take infrastructure out of service permanently; and
includes undertaking site restoration when ORE infrastructure activities cease (for whatever reason); and
includes any other activity prescribed by the regulations in relation to the infrastructure.

However, if in relation to ORE infrastructure, no other enactment, relevant standard, or requirement by a regulatory agency contains any requirements or standards relating to the method of decommissioning a particular item of ORE infrastructure, that ORE infrastructure must be decommissioned by totally removing it.
Despite subsection (2), an item of infrastructure left in place in accordance with a marine consent, or a coastal permit within the meaning of section 87(c) of the Resource Management Act 1991, must be treated as having been decommissioned.

Guidance note

A person must carry out the decommissioning in accordance with the decommissioning plans accepted under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.

The standard of decommissioning in this section applies for the purposes of determining an acceptable financial security arrangement and whether a person contravenes their decommissioning obligation under this Act.