This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Offshore Renewable Energy Bill

Administration and enforcement - Enforcement - Offences

145: Offence for change in significant influence over permit holder without approval

You could also call this:

"Breaking the rule: changing who controls a permit holder without permission can lead to a big fine."

Illustration for Offshore Renewable Energy Bill

If you change who has significant influence over a permit holder without the Minister's approval, you might commit an offence. This is because you would be going against what is proposed in section 46, which says you need approval for this kind of change. You could be fined up to $800,000 if you are found guilty of this offence.

If you are being prosecuted for this offence, you can defend yourself by proving you did not know you were getting or losing significant influence over the permit holder. You must also show that you could not have reasonably been expected to know this.

The proposed law says you would be liable for a fine if you commit this offence, and it sets out how you can defend yourself in court.

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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=LMS992329.

144: Offence for undertaking ORE generation infrastructure activities under consent without commercial permit, or

"Breaking the rules: building offshore energy systems without a permit is against the law"

146: Offence for failing to notify Minister of change in circumstance, or

"Telling the Minister about changes is important, or you might get a big fine."

Part 4Administration and enforcement
Enforcement: Offences

145Offence for change in significant influence over permit holder without approval

A person commits an offence if they contravene, or permit a contravention of, section 46 (which relates to the requirement not to make a change in significant influence over a permit holder without the Minister’s approval).
A person who commits an offence against this section is liable on conviction to a fine not exceeding $800,000.
In a prosecution of a person for an offence against this section, it is a defence if the defendant proves that they did not know, and could not reasonably be expected to have known, that they obtained, or ceased to hold, significant influence over the permit holder.