As indicated in our previous article on the offshore renewable regime on 13 October 2026, the Minister for Energy has now launched the feasibility permit application round with the coming into effect of the Offshore Renewable Energy Feasibility Permit Application Round Notice 2026.
We now provide an overview of the round terms and what in particular applicants should focus on.
Key dates
The round opened on 19 October 2026 and closes at 5.00pm NZST on 19 April 2027, giving prospective applicants six months to prepare.
Who and where
The round is open only to offshore wind projects (using fixed-bottom technology, floating turbine technology or both).
It permits applications in two locations: offshore Taranaki and offshore Waikato/South Auckland, with the boundaries of each running horizontally from the territorial sea baseline to the edge of the Exclusive Economic Zone.
Each application must cover a single, continuous permit area, with no enclaves, within one of those areas.
We recommend that applicants work from the coordinates in the notice, as the map in the appendix to the notice is illustrative only.
Mandatory permit conditions
Every permit granted in the round will carry seven mandatory conditions, which centre on three themes:
Iwi and hapū engagement: permit holders must engage regularly and constructively with iwi and hapū whose rohe includes, or who may be directly affected by activities in, the permit area, and genuinely consider their views. This must include attending an engagement review meeting where required by the Chief Executive of the Ministry of Business, Innovation and Employment ("MBIE").
Annual reporting: an annual engagement report must be provided to the chief executive of MBIE, with iwi and hapū given the chance to comment on a draft (amongst other matters, the report must include any comments in an unaltered form, including stating whether iwi and hapū have requested an engagement review meeting).
Progress: the feasibility activities specified in the permit must start within 12 months of the permit start date, and permit holders must show reasonable and ongoing progress – including, if asked, evidence of financial capability for the next 12 months' of work
Other legislation
Overseas Investment Act 2005
We note that consent under the Overseas Investment Act 2005 will not be required for offshore investors to obtain a feasibility permit in itself. However, if offshore investors acquire any interest in sensitive land separate to the feasibility permit, then this may trigger the consent requirement. An example of an interest in sensitive land would include purchasing any part of, or entering into a lease with a term of more than 10 years in respect of, any marine or coastal area (such as for use as a staging area).
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
As the current permit round does not include any part of New Zealand's Exclusive Economic Zone, no marine consent is required under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
Resource Management Act 1991
Depending on the activities undertaken, resource consent may or may not be required in relation to feasibility permit activities. In any event, a feasibility permit or commercial permit must be obtained before the application for any required resource consent for applicable generation infrastructure.[1] However, this does not prevent applying for and obtaining resource consents for activities other than relating to generation infrastructure, for example, for any mechanical disturbance to the seabed.
Maritime Transport Act 1994
Given the feasibility permit activities are offshore based, the various compliance requirements for vessels used in such activities under the Maritime Transport Act 1994 will apply in the usual way.
Conclusion
The confirmed round terms give prospective developers welcome clarity on where, and on what basis, feasibility permits can be sought, as well as on conditions which will apply to such permits.
With applications closing in less than six months, applicants should use the time available to:
ensure their proposed permit area is within the stipulated boundaries;
set a realistic work programme, both for the initial 12 months and beyond;
engage with iwi and hapū prior to submitting their application (as required by the Offshore Renewable Energy Act 2026);
be ready to evidence financial capability throughout the permit term – not just at application;
gather the information required in respect of their application by the offshore renewable energy regime (including by MBIE's application guidance publication, available on its website); and
determine whether their proposed activities require any of the other consents referred to above.
We also suggest applicants take up MBIE's offer of registering with them via email to ensure MBIE can keep applicants up to date on any changes and/or contact applicants as necessary.