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Offshore Renewable Energy Bill
Amendments to other Acts
Amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
172: Principal Act

Part 1:
Preliminary provisions

3Purpose 4Interpretation 5Transitional, savings, and related provisions 6Obligation relating to Treaty settlements and recognised customary rights 7Act binds the Crown 8Area of application 9Describing geodetic position

Part 2:
Regime for offshore renewable energy permits and infrastructure protection

Preliminary provisions

10Outline of this Part 11Purpose of feasibility permits and commercial permits 12Prohibition on undertaking ORE generation infrastructure activities unless person is holder of commercial permit

Feasibility permits

Commercial permits

24Pre-application consultation requirements for commercial permit applications 24APre-application consultation with Transpower New Zealand Limited and Electricity Authority 26Requirements for applications for commercial permits 27Minister’s process before commercial permits can be granted 28Determining applications for commercial permits 29Mandatory considerations for granting application for commercial permit 30What commercial permits must specify 31Duration of commercial permits 32Minister may impose conditions of commercial permits

Provisions relating to both feasibility permits and commercial permits

Protection of infrastructure

63Minister may declare safety zones 64Eligibility criteria for applications for safety zones for ORE developments 65ATiming of safety zone declaration 66Consultation about applications for safety zones 67Determining applications for safety zones 68Minister may vary or cancel safety zone notice 68AApplication of Submarine Cables and Pipelines Protection Act 1996

Part 3:
Decommissioning of ORE infrastructure

Preliminary provisions

69Outline of this Part

Decommissioning obligation

Who has decommissioning obligation

70Commercial permit holders have decommissioning obligation for ORE generation infrastructure 71Owners have decommissioning obligation for ORE transmission infrastructure 72Minister must remove release transferor from decommissioning obligation in some circumstances

What does decommissioning obligation require

73Standard of decommissioning required 74When decommissioning obligation must be carried out 74ACriteria for agreeing or setting time frames for decommissioning

Requirements connected to decommissioning obligation

75Decommissioning proposals 76Decommissioning cost estimates 77Decommissioning completion reports 78Information needed to monitor financial position

Obligation to provide Crown with financial security

Obligation to ensure that acceptable financial security arrangement is put in place and maintained

79Obligation to ensure that acceptable financial security arrangement is put in place and maintained 80Purpose of acceptable financial security arrangement

Process for reaching acceptable financial security arrangement

81Proposal for financial security arrangement 82Matters to be taken into account in determining or altering acceptable financial security arrangement 83Minister’s determination on acceptable financial security arrangement

Alteration of acceptable financial security arrangements

84Alteration of acceptable financial security arrangement 85Minister must notify alterations to acceptable financial security arrangement 86Affected person may object to alterations to acceptable financial security arrangement 87What happens if affected person makes objection

Financial capability assessments

88Minister may assess financial capability to meet decommissioning obligation 89Criteria for considering whether to carry out financial capability assessment 90Process for carrying out financial capability assessment 91Minister must notify outcome of financial capability assessment 92Relevant persons must provide supporting information

Miscellaneous provisions about decommissioning

Provisions relating to decommissioning of ORE transmission infrastructure

93Ownership requirements for transmission infrastructure 94Reports about transmission infrastructure

Miscellaneous provisions

96Joint and several liability 97Relationship with other provisions

Part 4:
Administration and enforcement

Administration

Chief executive

98Delegation of functions by Minister 99Chief executive may approve forms 100Minor corrections to permits

Enforcement officers

101Appointment, and termination of appointment, of enforcement officers 102Persons assisting enforcement officer 103Functions, duties, and powers of enforcement officers may be exercised by chief executive

Enforcement powers

104Power to require information 105Power of entry for inspection 106Application for warrant for entry to search 107Application of Part 4 of Search and Surveillance Act 2012 108Power to audit records

Safety zone officers

109Safety zone officers 110Powers of safety zone officers

Protection of enforcement officers and safety zone officers

111Protection of officers acting under authority of this Act

Obligation of office holders

112Office holders not to have pecuniary interest

Registers, records, and use of information

113Chief executive to maintain register of permits 114Minister must notify chief executive of decisions affecting information on register 115Permit holder must keep records 116Use and disclosure of information 117Chief executive may publish certain feasibility data 118Sharing of information with agencies

Applications

119Applications to Minister 119AMinister may receive late applications 120Minister may request further information 121Rejection of non-complying application 122Applicant must notify of change in circumstances 123Time frame and manner for considering applications 124Minister must notify applicant of decision

Serving notices and other documents

125Permit holder’s address for service and contact 126Service of notices and other documents 127Receipt of notices and other documents

Miscellaneous provisions

127AMinister’s assessment has no bearing on other legislative requirements

Enforcement

Compliance notices

128Power to issue compliance notices 129Form and content of compliance notices 130Compliance with compliance notice 131Extension of time for compliance with compliance notices 132Enforcement officer may vary or cancel compliance notice 133Formal irregularities or defects in compliance notice 134Changes to compliance notice by enforcement officer 135How compliance notice is issued 136Civil proceedings relating to non-compliance with compliance notice

Enforceable undertakings

137Enforcement officer may accept enforceable undertakings 138Notice of decision and reasons for decision 139When undertaking is enforceable 140Withdrawal or variation of enforceable undertaking 141Compliance with enforceable undertaking 142Contravention of enforceable undertaking 143Proceedings for alleged contravention

Offences

144Offence for undertaking ORE generation infrastructure activities under consent without commercial permit 145Offence for change in significant influence over permit holder without approval 146Offence for failing to notify Minister of change in circumstance 147Offence for failing to notify Minister of change in significant influence over permit holder 148Offence for entering or carrying out activity in safety zone 149Offence for knowingly failing to meet decommissioning obligation or financial security obligation 150Offence for wilfully obstructing, hindering, resisting, or deceiving person executing powers 151Offence for failing to provide information 152Offence for knowingly providing false information 153Offence for failing to comply with requirement of safety zone officer 154Offence for office holder having pecuniary interest 155Offence for contravening compliance notice 156Offence for contravening enforceable undertaking

Pecuniary penalties

157Pecuniary penalty contravention 158Pecuniary penalty order 159Reasonable mistake defence in pecuniary penalty proceedings 160Maximum pecuniary penalty 161Considerations for court in determining amount of pecuniary penalty 162Rules of civil procedure and civil standard of proof apply 163Two or more civil penalty contraventions 164Relationship between pecuniary penalties and criminal liability

Appeals and regulations

Appeals

165Right of appeal to High Court on question of law 166Consequences of appeal to High Court

Regulations and cost recovery

167Regulations 168Regulations relating to fees and levies 169Chief executive or Minister may refuse to act if fee not paid 170Fees and levies recoverable as debt due 171Interest on unpaid levy

Part 5:
Amendments to other Acts

Amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

172Principal Act 173Section 4 amended (Interpretation)174Section 29E amended (Decommissioning plans)175New sections 38A to 38C inserted 176New sections 100E to 100H inserted 177Schedule 1 amended

Amendments to Fast-track Approvals Act 2024

177APrincipal Act 177BSection 5 amended (Meaning of ineligible activity)

Amendment to Fire and Emergency New Zealand Act 2017

177CPrincipal Act 177DSection 12 amended (Additional functions of FENZ)

Amendments to Resource Management Act 1991

178Principal Act 179New sections 88AA and 88AB inserted 180Schedule 12 amended

Schedule 1:
Transitional, savings, and related provisions

Schedule 2:
New Part 3 inserted into Schedule 1 of Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Schedule 3:
New Part 8 inserted into Schedule 12 of Resource Management Act 1991

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

Amendments to other Acts - Amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

172: Principal Act

You could also call this:

"Changes to the law about protecting the environment in New Zealand's ocean areas"

Illustration for Offshore Renewable Energy Bill

This bill proposes to change the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. You will see changes to this Act if the bill is passed. The bill aims to make some amendments to this existing law.

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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=LMS992369.

171: Interest on unpaid levy, or

"Paying late? You might have to pay extra as a penalty."

173: Section 4 amended (Interpretation), or

"Changing what some words mean in the existing law to make it clearer and update it."

Part 5Amendments to other Acts
Amendments to Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

172Principal Act

This subpart amends the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.