assess the feasibility of an ORE development that the permit holder proposes to carry out in the permit area; and

have an exclusive ability to apply for a commercial permit in relation to that proposed development in the permit area if the permit holder chooses to do so.

the geographic area or areas in respect of which applications are invited (which may be in the territorial sea and the exclusive economic zone around the whole of New Zealand); and

if applicable, any limitations to which applications are subject (for example, as to the type of technology and generation capacity).

how applications may be made:

how public notice will be given, and consultation will be carried out, under section 17:

how applications will be considered under sections 18 to 20.

any relevant iwi authorities, hapū, and Treaty settlement entities, including—

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

ngā hapū o Ngāti Porou, if the permit area is within or adjacent to, or the development would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou.

the person has undertaken the consultation required by section 14 (which relates to consultation with Māori groups); and

the person is a single entity that is either a body corporate that is incorporated in New Zealand or an overseas company that is registered under Part 18 of the Companies Act 1993; and

the person is not an applicant for another permit for the same type of technology in respect of the same region (where region has the same meaning as in section 2(1) of the Local Government Act 1974 and includes the adjacent area of the exclusive economic zone).

be in respect of a permit area—

contain, or be accompanied by, the information required by the terms of the application round as specified in section 13(3); and

include a development plan, which must contain the relevant information prescribed in the regulations to enable the application to be considered and measurable permit conditions to be applied; and

otherwise be made in the manner prescribed by the regulations.

give public notice of a summary of the proposed developments being considered, including the permit areas to which those applications relate; and

allow any person who wishes to make a submission about a proposed development a reasonable opportunity to do so; and

consult the persons referred to in section 14 (which relates to consultation with Māori groups).

grant an application for a feasibility permit, in whole or in part, and issue a permit; or

reject the application.

the proposed development is likely to deliver benefits for New Zealand; and

no other feasibility permit or commercial permit is current in respect of the proposed permit area; and

the proposed development plan is consistent with the purpose of the proposed permit, the purpose of this Act, and good industry practice in respect of the proposed ORE generation activities; and

the applicant has, or is likely to have, the technical and financial capability to install, operate, maintain, and decommission the proposed ORE generation infrastructure; and

the applicant is highly likely to comply, on an ongoing basis, with the requirements under this Act and the regulations.

whether the applicant poses any significant risks to national security or public order; and

the applicant’s compliance record in New Zealand and internationally; and

the applicant’s consultation with the persons referred to in section 14 (which relates to consultation with Māori groups); and

the impact of granting the permit on Treaty settlements, protected customary rights areas, and any other Māori groups with relevant interests; and

the applicant’s approach to identifying, engaging with, and managing existing rights and interests in the proposed permit area; and

any submissions made in relation to the application; and

any other considerations that are prescribed by the regulations or specified in the terms of the application round.

grant 1 or more permits on the basis of which applications have the most merit and which applicants are most suitable to hold a permit:

if there are 2 or more applications in an application round that relate to the same permit area, invite any of the applicants to revise their application to the extent needed to resolve the competition for the same permit area (subject to section 16(a)).

in accordance with the ranking, priorities, or weighting of factors that are contained in the regulations or the terms of the application round as specified under section 13(3); and

in the manner, and within any time frame, prescribed by the regulations or those terms.

the name of the permit holder:

the proposed amount of power to be generated under a commercial permit, if granted:

the permit area:

the start date and end date of the permit:

the conditions of the permit:

any other matters prescribed by the regulations.

see section 39 for the power of the Minister to extend the duration of a feasibility permit; and

a feasibility permit that is the subject of an application for a commercial permit continues in force until the Minister determines the application; and

if a commercial permit is granted in relation to a feasibility permit, then the feasibility permit ends and the start date of the commercial permit is the day after the end date of the feasibility permit.

any relevant iwi authorities, hapū, and Treaty settlement entities, including—

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

ngā hapū o Ngāti Porou, if the permit area is within or adjacent to, or the development would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou.

the person has undertaken consultation as required by section 24 (which relates to consultation with Māori groups); and

the person is the permit holder of a current feasibility permit that applies in respect of the whole permit area for which the commercial permit application is made.

be in respect of a permit area that is a reasonable size for the proposed development; and

include a development plan, which must contain the relevant information prescribed in the regulations to enable the application to be considered and measurable permit conditions to be applied; and

include a decommissioning proposal and a decommissioning cost estimate in respect of the ORE generation infrastructure that will be attributable to ORE generation infrastructure activities under the permit (see subpart 2 of Part 3); and

include proposals for a financial security arrangement (see subpart 3 of Part 3); and

contain, or be accompanied by, any information prescribed by the regulations; and

otherwise be made in the manner prescribed by the regulations.

consult the persons referred to in section 24 (which relates to consultation with Māori groups); and

give public notice of the application.

grant an application for a commercial permit, in whole or in part, and issue a permit; or

reject the application.

the proposed development plan is consistent with the purpose of the proposed permit, the purpose of this Act, and good industry practice in respect of the proposed ORE generation infrastructure activities; and

the applicant has the technical and financial capability to install, operate, maintain, and decommission the proposed ORE generation infrastructure; and

the applicant is ready to carry out the proposed development plan; and

the applicant has complied with the requirements under this Act and the regulations and the conditions of their feasibility permit; and

the applicant is highly likely to comply, on an ongoing basis, with—

the applicant has, or will be able to, put in place an acceptable financial security arrangement that complies with subpart 3 of Part 3.

whether there are changes to the proposed development that are material to the benefits that were assessed as part of the applicant’s feasibility permit application; and

whether the applicant poses any significant risks to national security or public order; and

the applicant’s consultation with the persons referred to in section 24 (which relates to consultation with Māori groups); and

the impact of granting the permit on Treaty settlements, protected customary rights areas, and any other Māori groups with relevant interests; and

any other considerations that are prescribed by the regulations.

the name of the permit holder:

the proposed development to which the permit applies:

the permit area:

the start date and end date of the permit:

the conditions of the permit:

any other matters prescribed by the regulations.

commence ORE feasibility activities within 12 months of the permit’s start date; and

disclose the data that is obtained from their ORE feasibility activities to the chief executive by the end date of their feasibility permit; and

inform the chief executive within 30 working days of entering into any contract with another person to build or operate any ORE transmission infrastructure or to transfer ownership of any ORE transmission infrastructure, including details about the proposed transfer, transferee, and any other information the chief executive may require; and

not transfer ownership of any ORE transmission infrastructure otherwise than to a single entity that is either a body corporate that is incorporated in New Zealand or an overseas company that is registered under Part 18 of the Companies Act 1993; and

comply with any milestones in the applicable development plan, unless compliance should reasonably be excused; and

pay any fees or levies prescribed by the regulations; and

provide reports or any information requested by the Minister, the chief executive, or an enforcement officer; and

provide to the chief executive a copy of any application for a marine consent or a resource consent for ORE infrastructure activities in respect of the development, as soon as reasonably practicable after lodging the application.

whether the applicant is required to obtain any permit, consent, or other permission under any other legislation:

the granting to the applicant of any permit, consent, or other permission necessary under any other legislation by any government agency, consent authority, or Minister responsible for the administration of that legislation.

on the initiative of the Minister in accordance with subsection (3); or

on the application of the permit holder.

make a minor extension to the permit area:

extend the duration of the permit:

amend the conditions of the permit.

with the prior written consent of the permit holder; and

if the Minister is satisfied that the variation is consistent with the purpose of this Act; and

in the case of a minor extension to a permit area, if—

in the case of an extension to the duration of a feasibility permit, if the extension would not cause the permit to exceed 14 years total duration; and

in the case of an extension to the duration of a commercial permit, if the extension would not cause the permit to exceed 80 years total duration.

the Minister is satisfied that it is a minor extension, having regard to the matters set out in subsection (3); and

no other permit is current in respect of the extension area; and

the Minister has consulted in accordance with section 38; and

the Minister has no cause to believe that the permit holder or the development no longer meets the requirements in section 19(1) (in the case of a feasibility permit) or section 29(1) (in the case of a commercial permit).

whether the extension could materially alter—

whether the extension could adversely impact any existing rights or interests; and

whether, given the extension, the permit area would continue to be a reasonable size for the development; and

whether the extension involves an area that is or has been the subject of a feasibility permit application by another person; and

whether the extension is necessary for the permit holder to undertake activities in accordance with a resource consent or marine consent; and

any other matters the Minister considers relevant.

any relevant iwi authorities, hapū, and Treaty settlement entities, including—

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

ngā hapū o Ngāti Porou, if the extension is within or adjacent to, or the extension would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou; and

any permit holder who the Minister considers may be affected by the proposed extension to the permit area.

be made at least 90 working days before the permit ceases to be current (but see section 59); and

specify the proposed new end date; and

include a revised development plan; and

set out how the permit holder considers the requirements in subsection (3)(b) are met.

the extension would not cause the permit to exceed 14 years total duration; and

the Minister is satisfied that—

the Minister has no cause to believe that the permit holder or the development no longer meets the requirements in section 19(1).

be made at least 5 years before the permit ceases to be current (but see section 59); and

specify the proposed new end date; and

include a revised development plan; and

set out how the permit holder considers that subsection (3)(b) applies.

the extension would not cause the permit to exceed 80 years total duration; and

the Minister is satisfied that 1 or more of the following applies:

the Minister has no cause to believe that the permit holder or the development no longer meets the requirements in section 29(1).

be made jointly by the permit holder and the proposed transferee; and

be made within 90 working days after the date of the agreement that contains the transfer (but see section 59); and

be accompanied by a copy of the agreement that contains the transfer; and

in the case of a commercial permit, include proposals for a financial security arrangement (see subpart 3 of Part 3).

the proposed transferee is a single entity that is either a body corporate that is incorporated in New Zealand or an overseas company that is registered under Part 18 of the Companies Act 1993; and

in the case of a feasibility permit, the Minister is satisfied that the proposed transferee meets the permit holder suitability requirements in section 19(1)(d) and (e); and

in the case of a commercial permit,—

any other requirements under the regulations are met.

whether the proposed transferee poses any significant risks to national security or public order; and

the proposed transferee’s compliance record in New Zealand and internationally.

obtains significant influence over the permit holder; or

ceases to have significant influence over the permit holder.

person A has the power (whether directly or indirectly) to—

person A has, together with 1 or more specified persons, the power (whether directly or indirectly) to—

a person who is acting or will act jointly or in concert with person A in respect of exercising, or controlling the exercise of, a power referred to in subsection (2); or

a person who acts, or is accustomed to acting, in accordance with the wishes of person A.

starting on the day the Minister gives written notice of approval; and

ending at the earliest of the following:

person A—

either—

subsection (1) is not contravened while the application is being considered by the Minister; and

if the Minister gives approval, subsection (1) is not contravened; but

if the Minister declines to give approval, subsection (1) must be treated as being contravened from the date the Minister gives notice of the decision.

whether, given the change, the permit holder would pose any significant risks to national security or public order; and

any other considerations that are prescribed by the regulations.

the conditions of the permit; and

the conditions of the Minister’s approval to the transfer of the permit; and

subparts 2 and 3 of Part 3.

the permit holder has failed to comply with a requirement under this Act or the regulations or a condition of the permit:

in the case of a feasibility permit, the permit holder has failed to begin ORE feasibility activities within 12 months of the permit start date:

in the case of a commercial permit, the permit holder has failed to begin ORE generation infrastructure activities within a reasonable time following the permit start date:

a person has failed to comply with section 46(1) or 50(2):

the permit holder or the development no longer meet the requirements of section 19(1) (in the case of a feasibility permit) or section 29(1) (in the case of a commercial permit):

the permit holder is no longer suitable to hold the permit for any other reason.

set out the reasons why the Minister intends to revoke the permit; and

invite the permit holder to make a written submission to the Minister about the proposed revocation; and

specify the date by which the permit holder must deliver any submission to the Minister (which must be not less than 40 working days after the date of the notice).

whether to revoke a permit; and

what date a revocation will have effect.

any submission made by the permit holder under section 54; and

the surrounding circumstances that have led, or contributed, to the ground for revocation; and

any action taken by the permit holder to remedy, or prevent recurrence of, the circumstances giving rise to the ground for revocation; and

the potential impact revoking the permit may have on—

any other matters that are prescribed by the regulations.

the proposed surrender area, which may be the whole permit area or a clearly identified part of the permit area; and

the proposed date of surrender and, if that date is within 90 working days of the date of the application, an explanation as to why surrender on that date is needed; and

how each of the requirements in section 58 has been met or will be met before the proposed date of surrender.

the permit holder is in compliance with all requirements under this Act and the regulations and the conditions of the permit in respect of the surrender area; and

in the case of partial surrender, the remaining permit area would still be a reasonable size for the development; and

in the case of a commercial permit, the decommissioning obligation in respect of the surrender area is complete; and

any other requirements prescribed by the regulations are met.

the permit while it was current; and

any act under the permit while it was current giving rise to a cause of action; and

obligations that this Act specifies as continuing in force after the permit ceases to be current.

the ORE infrastructure activity to which the safety zone relates; and

the location of the ORE infrastructure activity; and

the area of the safety zone (which may be up to 500 metres from any point on the outer edge of the ORE infrastructure to which the ORE infrastructure activity relates); and

the period for which the notice has effect; and

1 or more specified restrictions that apply in the safety zone and the following details in relation to each of those restrictions; and

a prohibition on ships (whether all ships or classes of ships, with or without specified exemptions) from entering the restricted area during the restricted time period, or otherwise limiting ships’ access:

a prohibition or limit on activities (whether all activities or specified activities, with or without specified exemptions) in the restricted area during the restricted time period.

they hold any relevant marine consent or resource consent required for the development; and

they have consulted Maritime New Zealand and any persons, or representatives of persons, likely to be affected by the proposed safety zone.

persons with an interest in a lawfully established existing activity, whether or not authorised under any legislation, involving rights of access, navigation, and fishing (for example, fishing operators and members of the freight and shipping industries); and

persons who hold a current marine consent or resource consent, or another relevant permit or consent, in relation to the area; and

relevant local authorities; and

any relevant iwi authorities, hapū, and Treaty settlement entities, including—

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

ngā hapū o Ngāti Porou, if the proposed safety zone is within or adjacent to, or would directly affect, ngā rohe moana o ngā hapū o Ngāti Porou.

they hold any relevant marine consent or resource consent required for the substation; and

they have consulted Maritime New Zealand and any persons, or representatives of persons, likely to be affected by the proposed safety zone.

grant an application (whether by approving the details of the safety zone proposed by the applicant or by determining alternative arrangements) and declare a safety zone in accordance with section 63; or

reject the application.

ORE infrastructure or ORE infrastructure activities, or both; or

any other infrastructure, structure, or installation in the vicinity of the ORE infrastructure; or

ships; or

persons.

the nature of the ORE infrastructure activities:

the size and layout of the ORE infrastructure:

the impact of the development on existing activities in the area of the proposed safety zone.

notify the applicant of the details of the proposed safety zone that the Minister intends to declare; and

invite the applicant to submit further information if the applicant disagrees with the proposed safety zone.

on the initiative of the Minister; or

at the request of the permit holder or the person who builds, owns, or operates an ORE substation.

decommission ORE infrastructure (see subpart 2); and

ensure that an acceptable financial security arrangement is put in place and maintained that is sufficient to cover the estimated cost to the Crown of decommissioning that infrastructure in the event that the permit holder or other obliged person fails to decommission (see subpart 3).

the relevant person has ceased to hold the permit; or

the relevant permit has ceased to be current.

a commercial permit holder (the transferor) has transferred their permit under section 42 to a transferee and applies to the Minister to have their decommissioning obligation in respect of ORE generation infrastructure removed; or

an owner of ORE transmission infrastructure (the transferor) has transferred ownership of that infrastructure to a transferee and applies to the Minister to have their decommissioning obligation in respect of that ORE transmission infrastructure removed.

if the Minister is satisfied that the transferee has put in place an acceptable financial security arrangement with an amount secured of no less than 100% of the amount determined in accordance with the regulations, based on the decommissioning cost estimate; or

if the transferee is the State enterprise known as Transpower New Zealand Limited.

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.

in a case where ORE generation infrastructure permanently ceases to be used for the purpose of generating energy in a permit area before the commercial permit expires, by a time agreed with the Minister:

by a time required by the regulations:

by the expiry or surrender of the commercial permit under which the ORE generation infrastructure activities were carried out:

in a case where ORE transmission infrastructure permanently ceases to be used for the purpose of storing, transmitting, or conveying energy, by a time agreed with the Minister:

by a time required by the regulations.

if they are the applicant for a commercial permit, as part of the application (see section 26(c)); and

at the times, or within a period after the occurrence of any events, that are prescribed by the regulations (if any); and

on request from the Minister, within any reasonable time specified in the request.

describe the proposed decommissioning activities and the processes to be used to carry out those activities, and set out a proposed schedule for those activities; and

be accurate as at the date of submission to the Minister; and

contain the information prescribed by the regulations (if any); and

meet any further requirements prescribed by the regulations.

if they are the applicant for a commercial permit, as part of the application (see section 26(c)); and

at the times, or within a period after the occurrence of any events, that are prescribed by the regulations (if any); and

on request from the Minister, within any reasonable time specified in the request.

estimate what the cost to the Crown would be if the Crown were to carry out all proposed decommissioning activities that are specified in the decommissioning proposal; and

be based on totally removing the infrastructure, except to the extent that section 73(2) will not apply (that is, because another enactment, relevant standard, or requirement by a regulatory agency contains requirements or standards relating to the method of decommissioning a particular item of infrastructure); and

comply with the standards prescribed by the regulations (if any) for developing that estimate; and

meet any further requirements prescribed by the regulations (if any).

at the times, or within a period after the occurrence of any events, that are prescribed by the regulations (if any); and

on request from the Minister, within any reasonable time specified in the request.

contain the information prescribed by the regulations (if any); and

meet any further requirements prescribed by the regulations.

at the times, or within a period after the occurrence of any events, that are prescribed by the regulations (if any); and

on request from the Minister, within any reasonable time specified in the request.

in the form and in the manner set out in the request; and

within any reasonable time specified in the request.

at all times while that permit is in force; and

at all times while their financial security obligation continues in force under subsection (5).

at all times while they are the owner of that infrastructure; and

at all times while their financial security obligation continues in force under subsection (5).

in the case of ORE generation infrastructure, the relevant permit ceases to be current or person A ceases to be a commercial permit holder; and

in the case of ORE transmission infrastructure, person A ceases to own the infrastructure.

subsections (3) to (5) are subject to the provisions of this Act that provide for the release or other ending of person A’s decommissioning or financial security obligations (see, for example, sections 43(2) and 72); and

despite subsections (3) to (5), the Minister may give consent,—

it must be put in place and maintained on behalf of the Crown; and

it must be of an amount determined in accordance with the regulations, based on the decommissioning cost estimate; and

it must meet any other criteria specified in the regulations.