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Offshore Renewable Energy Bill

Regime for offshore renewable energy permits and infrastructure protection - Preliminary provisions

12: Prohibition on undertaking ORE generation infrastructure activities unless person is holder of commercial permit

You could also call this:

"You must have a permit to build offshore renewable energy infrastructure."

Illustration for Offshore Renewable Energy Bill

If you want to do work on offshore renewable energy infrastructure, you need to have a commercial permit. You cannot start building or doing work on this infrastructure unless you have this permit.

You will be breaking the law if you do not have a commercial permit and you start work on offshore renewable energy infrastructure. To learn more about what happens if you break this law, you can look at section 144.

There is an exception to this rule. If you are taking down or decommissioning offshore renewable energy infrastructure, you do not need a commercial permit to do this work.

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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=LMS998862.

11: Purpose of feasibility permits and commercial permits, or

"What feasibility and commercial permits are for in offshore renewable energy projects"

13: Application round for feasibility permits, or

"How to apply for a permit to test renewable energy ideas in New Zealand's waters"

Part 2Regime for offshore renewable energy permits and infrastructure protection
Preliminary provisions

12Prohibition on undertaking ORE generation infrastructure activities unless person is holder of commercial permit

A person must not give effect to a resource consent or marine consent by undertaking any ORE generation infrastructure activities in respect of a proposed ORE development unless they are a commercial permit holder in respect of the development.

Guidance note

See section 144, which provides that a person who is not a commercial permit holder commits an offence against this Act if they contravene this section.

See also section 38B of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 and section 88AB of the Resource Management Act 1991, which provide that consents are automatically cancelled if the commercial permit expires or is revoked or surrendered in full.

See also section 4 for the definition of excluded infrastructure.
However, a person does not contravene this section by decommissioning ORE generation infrastructure without a commercial permit.