Applications for the first offshore renewable energy feasibility permits in New Zealand have now opened.
The framework for the new offshore renewable energy regime is set out in the Offshore Renewable Energy Act 2026 (ORE Act), which came into force on 10 July 2026. It establishes a two-stage permitting regime to facilitate the exploration and development of offshore renewable energy (ORE) in New Zealand.
This regime sits upstream of the existing environmental consenting framework. Developers can first apply for a feasibility permit, giving them the certainty needed to investigate a particular site, before seeking a commercial permit and the relevant environmental consents to build and operate ORE infrastructure.
The three-part purpose of the ORE Act is to:
Give greater certainty for developers to invest in ORE developments
Allow the Minister of Energy to select ORE developments that best meet New Zealand's national interests
Manage the risks to the Crown and the public from those developments.
What constitutes an offshore renewable energy development?
The ORE Act applies to "ORE developments" in both the territorial sea and the exclusive economic zone. It covers wind, wave, tidal, ocean current, solar, rain, geothermal, and other prescribed renewable energy resources.
ORE development is defined as:
The ORE generation infrastructure that is, or is proposed to be, constructed, installed, operated, maintained, or decommissioned under a permit
The ORE generation infrastructure activities that are, or are proposed to be, carried out under a permit in the permit area by or on behalf of the permit holder
The ORE transmission infrastructure that is connected to that ORE generation infrastructure and the related ORE transmission infrastructure activities.
The regime also allows safety zones to be created around ORE developments to protect people and assets and imposes obligations on commercial permit holders during decommissioning.
What does this mean for developers looking to invest in offshore renewable energy developments in New Zealand?
Step 1: apply for a feasibility permit
The first step for developers considering ORE development in New Zealand is to apply for a feasibility permit. This allows a potential developer to assess the feasibility of ORE development and explore its viability through exploratory testing, without the need for resource consents which can be time-consuming and costly.
To be granted a feasibility permit, an applicant must satisfy the Minister of various matters, including that:
The development is likely to deliver benefits for New Zealand – this requires the Minister to consider matters such as any material contributions or risks that the proposed ORE development is likely to bring to New Zealand’s energy system, the likely impact on relevant iwi, New Zealand’s economy and environment, and local communities (eg in relation to regional development and job creation), and the likely timing of delivery of benefit
The applicant meets the required technical and financial capability requirements
The applicant has consulted with relevant Māori groups before applying for the permit.
A feasibility permit must be held before an applicant can apply for a commercial permit under the ORE Act.
An application for a feasibility permit can only be made during an application round, and requires payment of a fee of NZ$130,000 plus GST. The first application round opened on 19 October 2026 and closes on 19 April 2027, with applications invited for designated areas in Offshore Taranaki and Offshore Waikato/South Auckland.
Specific requirements for applications are set out in the Offshore Renewable Energy Regulations 2026, with further details about the process (including an application form and guidance) set out on the Ministry of Business, Innovation and Employment's website. An estimated 6-month application review and submission period (involving public consultation and consultation with Māori groups) will apply after the application round closes, but actual timing will depend on factors such as the number and complexity of applications received.
To be eligible to apply for a feasibility permit, an applicant must be an entity incorporated in New Zealand or an overseas company registered under Part 18 of the Companies Act 1993.
Step 2: apply for a commercial permit
Commercial permits provide a 40-year period, from the start date of the permit, for a permit holder to give effect to a resource consent or marine consent that authorises ORE generation infrastructure activities. Although it would be expected that developers would proactively engage with Transpower (owner of the transmission grid and system operator) and the Electricity Authority (the electricity industry regulator), the ORE Act imposes an obligation to consult with those entities before making an application for a commercial permit. Connection and trading arrangements are left to be dealt with under the usual regulatory framework, and similarly overseas investors need to be cognisant of the Overseas Investment Act 2005.
Step 3: apply for other authorisations
As we discuss below, once a feasibility permit or commercial permit is held, a developer can apply for the necessary resource consents and marine consents.
Decommissioning obligations also need to be considered. Under the ORE Act, commercial permit holders will be required to decommission ORE infrastructure and meet financial security requirements (which are based on financial security requirements under the Crown Minerals Act 1991).
How does the ORE Act interact with the existing consenting regime?
The ORE Act does not replace consenting under the Resource Management Act 1991 (RMA) for offshore renewable projects; instead, it acts as a permit gateway on top of the existing consenting regime.
Developers still need to obtain resource consents under the RMA (for activities in the territorial sea, out to 12 nautical miles) and/or marine consents under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act) (for activities in the exclusive economic zone), but the ORE Act now controls who is eligible to apply for, and to act on, those consents. In particular:
Applicants for resource consents or marine consents related to ORE generation infrastructure activities must hold a current feasibility permit or commercial permit under the ORE Act (new s 88AA of RMA and 38A of EEZ Act); and
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 (s 12).
As noted above, other relevant regulatory consents, such as under the Overseas Investment Act 2005, also still need to be considered.
What are the implications of RMA reform?
The Planning Act 2026 and the Natural Environment Act 2026 came into effect on 1 October 2026 and New Zealand is now in a transitional period as the country moves away from the RMA and towards consenting under these new Acts. During this transition period, activity under the Planning Act and the Natural Environment Act is focussed on making national instruments and preparing planning instruments, and the RMA continues to apply. However, once consenting under the new Acts takes effect (September 2030 at the latest), a person will be required to hold a feasibility permit or a commercial permit under the ORE Act before they can apply for a planning consent under the Planning Act or a natural resource permit under the Natural Environment Act.
How does the ORE Act interact with the Fast-track Approvals Act 2024 (FTAA)?
Section 5 of the FTAA is amended so that feasibility or commercial permit holders are eligible to apply for resource consents or marine consents under the FTAA for ORE infrastructure activities.
This opens the fast-track pathway as a consenting option for permit holders, which may offer a more streamlined route to obtaining the consents they need.
What steps should developers take?
The ORE Act represents an important milestone in New Zealand's transition to a low-carbon energy future. By establishing a dedicated two-stage permitting regime, it gives developers a clearer regulatory pathway for offshore renewable energy investment. It does not, however, displace existing obligations: developers will still need to navigate the consenting and regulatory frameworks that continue to operate alongside this new regime.
With the first application round opening, developers considering offshore renewable energy investment in New Zealand should be assessing now how this framework applies to their projects. Our specialist team members have experience working on ORE and are well placed to advise on this new regime. For questions or more information, please reach out to one of our team members.