Offshore Renewable Energy Bill - Amendment paper No 571
Offshore Renewable Energy Bill - Amendment paper No 571
Checking for alerts... Loading...
Offshore Renewable Energy Bill - Amendment paper No 571
No 571
House of Representatives
Amendment Paper
Offshore Renewable Energy Bill
Proposed amendments
Hon Simeon Brown, in Committee, to move the following amendments:
New clause 10(2A)
After clause 10(2) (page 18, after line 8), insert:
(2A)
Subpart 4A provides for the designation of areas where restrictions related to seabed minerals apply under the Crown Minerals Act 1991.
Clause 39(2)(a)
In clause 39(2)(a), replace “see section 59”
(page 33, line 2) with “see section 119A”
.
Clause 40(2)(a)
In clause 40(2)(a), replace “see section 59”
(page 33, lines 25 and 26) with “see section 119A”
.
Clause 41(2)
In clause 41(2), replace “see section 59”
(page 34, line 11) with “see section 119A”
.
Clause 42(2)(b)
In clause 42(2)(b), replace “see section 59”
(page 34, line 31) with “see section 119A”
.
New subpart 4A of Part 2
After clause 62 (page 42, after line 8), insert:
Subpart 4A—Designation of areas where restrictions related to seabed minerals apply under Crown Minerals Act 1991
62A Purposes of this subpart
The purposes of this subpart are—
(a)
to give greater certainty for developers to invest in ORE developments; and
(b)
to manage any competition or conflict that may arise from any incompatibility between seabed mining activities and ORE feasibility activities or ORE generation infrastructure activities.
Guidance note
This subpart provides for Ministers to designate areas of the exclusive economic zone or territorial sea (or both) as ORE designated areas, and the Crown Minerals Act 1991 then imposes restrictions on certain seabed minerals permits in those areas.
62B Interpretation for this subpart
In this subpart, unless the context otherwise requires,—
designation notice means a designation notice made under section 62C
joint Ministers means the Ministers of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, are responsible for the administration of this Act and the Crown Minerals Act 1991, acting jointly
ORE designated area or designated area means an area for which a designation notice has effect
petroleum has the meaning given by section 2(1) of the Crown Minerals Act 1991
petroleum permit means any prospecting, exploration, or mining permit that is granted under the Crown Minerals Act 1991 for petroleum
restrictions related to seabed minerals means restrictions of a type referred to in section 62E
seabed minerals permit means any prospecting, exploration, or mining permit that is granted under the Crown Minerals Act 1991 for minerals other than petroleum that are in or below the seabed.
62C Joint Ministers may designate areas in which restrictions related to seabed minerals apply
(1)
The joint Ministers may, by notice, designate 1 or more areas of the exclusive economic zone or territorial sea (or both) as areas in which restrictions related to seabed minerals apply if they are satisfied that a designation notice is for the purposes of this subpart.
(2)
Before making a notice, the joint Ministers must—
(a)
take into account the impact that the proposed designation notice is likely to have on any holders of, or applicants for, seabed minerals permits within or near the proposed ORE designated areas; and
(b)
consult any persons, or representatives of persons, who may be affected by the proposed designation notice (see section 62D).
(3)
The joint Ministers must ensure that designated areas are no larger than—
(a)
the areas that are reasonable to achieve the purposes of this subpart; and
(b)
if there is a current permit in any of the designated areas, the permit area of that permit.
(4)
The joint Ministers must ensure that areas are not designated for a period of time that is longer than reasonable—
(a)
to achieve the purposes of this subpart; and
(b)
if there is a current permit in any of the designated areas, to enable—
(i)
the permit holder to apply for a marine consent or a resource consent for the ORE generation activities under the permit in the designated area; and
(ii)
those applications to be determined.
(5)
The obligations in subsections (3) and (4) apply at each of the following times:
(a)
when areas are designated:
(b)
as soon as practicable after all permit applications for an application round, if any, have been determined:
(c)
when a designation notice is amended:
(d)
as soon as practicable after the joint Ministers become aware of a change relating to a permit in a designated area.
(6)
A notice under subsection (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
62D Persons who may be affected by proposed designation notice for purpose of consultation requirement
The persons who may be affected by a proposed designation notice include, but are not limited to, the following:
(a)
holders of, and applicants for, seabed minerals permits in or near the proposed ORE designated areas; and
(b)
holders of permits in or near the proposed ORE designated areas and persons who the joint Ministers have reasonable cause to believe may be interested in applying to become such permit holders; and
(c)
persons who hold a current marine consent or resource consent, or another relevant current permit or consent, in relation to the proposed ORE designated areas; and
(d)
relevant local authorities; and
(e)
any relevant iwi authorities, hapū, and Treaty settlement entities, including—
(i)
iwi authorities and groups that represent hapū that are parties to relevant Mana Whakahono ā Rohe or joint management agreements; and
(ii)
the tangata whenua of any area within the proposed ORE designated areas that is a taiāpure-local fishery, a mātaitai reserve, or an area that is subject to bylaws made under Part 9 of the Fisheries Act 1996; and
(f)
any relevant protected customary rights groups, customary marine title groups, and applicant groups with applications for customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011; and
(g)
ngā hapū o Ngāti Porou, if the proposed ORE designated areas are within or adjacent to, or would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou; and
(h)
other persons with an interest in a lawfully established existing activity in relation to the areas, whether or not authorised under any legislation, including rights of access, navigation, and fishing; and
(i)
the Environmental Protection Authority.
62E Types of restrictions that apply in ORE designated areas
A designated area is an ORE designated area for the purposes of the following provisions of the Crown Minerals Act 1991:
(a)
sections 21(3), 23A(2), 24(5A), and 25(7A), which defer or restrict new seabed minerals permits in the ORE designated area:
(b)
section 36(2A), which restricts certain changes to existing seabed minerals permits and petroleum permits in the ORE designated area:
(c)
Part 7 of Schedule 1, which restricts certain applications for seabed minerals permits in the ORE designated area that have been received but not yet determined.
62F What designation notices must specify
A designation notice must specify all of the following:
(a)
the designated areas to which it applies:
(b)
the commencement date of the notice:
(c)
the expiry date of the notice (and, if there is more than 1 designated area, the expiry date in respect of each designated area).
62G Amendments to, and cancellation of, designation notices
(1)
The joint Ministers must cancel a designation notice as soon as practicable in respect of an ORE designated area—
(a)
if no feasibility permits have been, or are likely to be, granted in respect of the area (for example, if an application round is not launched in respect of the area or if no applications are received within the time frame specified in the public notice that launches the round or within 2 years of the date that the public notice is given); or
(b)
if there is no longer a current permit in the designated area (for example, all permits in the designated area have been revoked or otherwise ceased to be current).
(2)
The joint Ministers must amend or cancel a designation notice in any circumstances prescribed in the regulations.
(3)
The joint Ministers may otherwise amend or cancel a designation notice—
(a)
on the initiative of the joint Ministers; or
(b)
at the request of a permit holder, in respect of the ORE designated area to which their permit relates.
(4)
Sections 62C and 62D apply in respect of an amendment to a designation notice, except if the permit holder requests that the notice be amended to remove the ORE designated area to which their permit relates.
(5)
Sections 62C and 62D apply in respect of a cancellation of a designation notice, except if—
(a)
the joint Ministers are required to cancel the notice under subsection (1) or (2); or
(b)
the permit holder requests that the notice be cancelled in respect of the ORE designated area to which their permit relates.
62H Regulations for purposes of this subpart
The regulations may prescribe matters relating to ORE designated areas (for example, additional circumstances in which the joint Ministers must amend or cancel a designation notice).
Clause 119(1)
In clause 119(1), replace “120”
(page 71, line 15) with “119A”
.
Clause 168
Replace clause 168(1)(e) (page 90, line 20) with:
(e)
specifying the amount or rate of the levy, or how the amount or rate of the levy is calculated:
New subpart 1AA of Part 5
After the Part 5 heading (page 91, after line 28), insert:
Subpart 1AA—Amendments to Crown Minerals Act 1991
171A Principal Act
This subpart amends the Crown Minerals Act 1991.
171B Section 2 amended (Interpretation)
In section 2(1), insert in its appropriate alphabetical order:
ORE designated area has the meaning given in section 62B of the Offshore Renewable Energy Act 2024
171C Section 16 amended (Changes to minerals programmes)
After section 16(3)(c), insert:
(d)
reflect and give effect to a designation notice under subpart 4A of Part 2 of the Offshore Renewable Energy Act 2024.
171D Section 21 amended (Minister may defer consideration of application for permit)
After section 21(2), insert:
(3)
Subsection (4) applies if—
(a)
a designation notice is made under the Offshore Renewable Energy Act 2024 in respect of an area; and
(b)
the chief executive has received an application of one of the following types in respect of all or part of the ORE designated area:
(i)
an application under section 23A for a permit for minerals other than petroleum:
(ii)
an application under section 24 for a permit for minerals other than petroleum through a public tender:
(iii)
an application under section 36(1)(b) to change a permit for minerals other than petroleum by extending the land of the permit into the ORE designated area in accordance with section 36(2)(b):
(iv)
an application under section 36(1)(b) to change a permit for petroleum by changing the minerals to which the permit relates to include other minerals as well as (or instead of) petroleum (that is, a change under section 36(2)(c)); and
(c)
that application has not yet been determined by the Minister.
(4)
The Minister may defer their consideration of the application until after the designation notice under subpart 4A of Part 2 of the Offshore Renewable Energy Act 2024 ceases to have effect.
(5)
Subsection (4) applies regardless of whether the application referred to in subsection (3)(b) was made before or after the commencement of that Act.
Guidance note
See also clause 52 of Schedule 1 (which relates to certain undetermined applications for minerals permits).
171E Section 23A amended (Application for permits)
After section 23A(1), insert:
(2)
However, if a designation notice has effect under subpart 4A of Part 2 of the Offshore Renewable Energy Act 2024, no person may apply for a permit for minerals other than petroleum in respect of any of the ORE designated areas despite anything to the contrary in this Act.
171F Section 24 amended (Allocation by public tender)
After section 24(5), insert:
(5A)
If a designation notice has effect under subpart 4A of Part 2 of the Offshore Renewable Energy Act 2024, the Minister must decline to grant a permit for minerals other than petroleum pursuant to a tender in respect of any of the ORE designated areas despite anything to the contrary in this Act.
171G Section 25 amended (Grant of permit)
After section 25(7), insert:
(7A)
If a designation notice has effect under subpart 4A of Part 2 of the Offshore Renewable Energy Act 2024, the Minister must not grant a prospecting, exploration, or mining permit for minerals other than petroleum in respect of any of the ORE designated areas despite anything to the contrary in this Act.
171H Section 36 amended (Change to permit)
After section 36(2), insert:
(2A)
However, if a designation notice has effect under subpart 4A of Part 2 of the Offshore Renewable Energy Act 2024, despite anything to the contrary in this Act,—
(a)
the land to which a prospecting, exploration, or mining permit for minerals other than petroleum relates cannot be extended to include any of the ORE designated areas; and
(b)
a permit for petroleum cannot be changed to relate to minerals other than petroleum in the ORE designated areas.
171I Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in Schedule 1A of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Clause 179, new section 88AA(2)
In clause 179, new section 88AA(2), delete “Act”
the first time it appears on page 96, line 10.
New Schedule 1A
After Schedule 1 (page 97, after line 13), insert:
Schedule 1A New Part 7 inserted into Schedule 1 of Crown Minerals Act 1991
s 171I
Part 7 Provisions relating Offshore Renewable Energy Act 2024
52 Certain undetermined applications for minerals permits
(1)
Subclause (2) applies if—
(a)
an application is made, or has been made, for any prospecting, exploration, or mining permit for minerals other than petroleum that are in or below the seabed in an area; and
(b)
the application has not been determined before the date on which that area becomes an ORE designated area under subpart 4A of Part 2 of the Offshore Renewable Energy Act 2024.
(2)
The application is stayed, and cannot be granted, to the extent of the area for which any designation notice has effect.
(3)
Subclause (2) applies regardless of whether the application was made before or after the commencement of that Act.
Schedule 3
In Schedule 3, heading, replace “Part 8”
(page 99, line 2) with “Part 10”
.
In Schedule 3, new Part heading, replace “Part 8”
(page 99, line 5) with “Part 10”
.
Explanatory note
This Amendment Paper amends the Offshore Renewable Energy Bill (the Bill). The amendments enable the Ministers who are responsible for administering the Offshore Renewable Energy Act 2024 and the Crown Minerals Act 1991 (the joint Ministers) to jointly designate areas in the exclusive economic zone or territorial sea (or both) as areas in which, while the designation notice is in effect,—
no new prospecting, exploration, or mining permits for minerals other than petroleum under the Crown Minerals Act 1991 (seabed minerals permits) can be applied for or granted in the designated area:
no existing seabed minerals permits can be extended in space within or into the designated area:
no existing permits for petroleum can be extended to other types of minerals in the designated area:
there is a stay on any seabed minerals permit applications that relate to the designated area that have been received but not yet determined.
Those restrictions on seabed minerals permits apply if the joint Ministers issue a designation notice. The joint Ministers will have obligations related to the size of a designated area, and the period of time that a designation applies, namely,—
that the area is no larger than the area that is reasonable to achieve the purposes of new subpart 4A of Part 2 and, if there is a current permit in the designated area, no larger than the permit area of that permit; and
that the designation notice must have effect for no longer than is reasonable to enable the holder of a current feasibility permit or commercial permit to apply for a marine consent or a resource consent for the offshore renewable energy generation activities under the permit in the designated area and for those applications to be determined (see new sections 62C(3) and (4) and 62G).
The process to prepare a designation notice includes consultation with relevant iwi and hapū and other parties to consider impacts on other interests and the co-ordination of different activities (see new section 62D).
This Amendment Paper does not otherwise restrict the rights of existing holders of seabed minerals permits, whether under the Crown Minerals Act 1991 or in respect of new or existing applications for a marine consent or a resource consent for activities under those permits.
This Amendment Paper also makes a minor amendment to clause 168 of the Bill to clarify the power to make regulations relating to the levy on permit holders.
Departmental disclosure statement
The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Amendment Paper. The disclosure statement provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=ap&subtype=government&year=2026&no=571&
Regulatory impact assessment
The Ministry of Business, Innovation, and Employment produced a regulatory impact assessment on 2 September 2025 to help inform the new policy decisions taken by the Government relating to the contents of this Amendment Paper.
A copy of this regulatory impact assessment can be found at—
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Offshore Renewable Energy Bill - Amendment paper No 571
RSS feed link copied, you can now paste this link into your feed reader.