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Baywide Community Law Service

Baywide Community Law Service

Whakatane, New Zealand

Founded in 1988
50 people in their team
About usBaywide Community Law supports our community by enabling access to free legal services for people living along the Bay of Plenty coast, from...
Māori
English

About Oil, Gas & Energy Law in Whakatane, New Zealand

New Zealand has a robust oil, gas, and energy industry, and Whakatane, located in the Bay of Plenty region, is no exception. The sector includes exploration and development of oil and gas fields, refining, distribution, and retailing of petroleum-based products as well as the generation, distribution, and retailing of electricity and gas. The energy industry in Whakatane is guided by numerous local and national regulations to ensure proper practices regarding safety, environment protection, and efficient use of resources.

Why You May Need a Lawyer

If you are involved in any business activities related to oil, gas and energy in Whakatane, you may need a lawyer for drafting, reviewing and negotiating contracts, assistance with permit applications, compliance with regulations and addressing any disputes that may arise. Lawyers can also provide advice on legal issues associated with resource consents, land access agreements, and Maori land claims, which can significantly impact operations in the oil, gas, and energy industry.

Local Laws Overview

The critical local laws relevant to the oil, gas, and energy sector in Whakatane largely come from national legislation. The Resource Management Act 1991 governs the use of land, water, and minerals. Under this law, certain activities related to the oil, gas, and energy sector, such as drilling, require a resource consent. The Crown Minerals Act 1991 and its amendments regulate the management and allocation of rights for the prospecting, exploration, and mining of Crown owned minerals. Oil and gas exploration and extraction also fall under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, which deals with effects of activities in the marine environment.

Frequently Asked Questions

Does New Zealand have specific regulations for oil, gas and energy development concerning Maori lands?

Yes, Maori interests are protected by Treaty of Waitangi principles, which are considered in all decision-making processes under New Zealand's environmental legislation. Any activities on Maori lands or that may affect Maori cultural interests require consultation with the affected Iwi (tribal) group.

What rights do landowners have if a company wants to explore or drill on their property?

Landowners are given statutory rights under the Crown Minerals Act which includes being consulted by petroleum companies who wish to carry out activities on their land, having a say in the location and timing of work and compensation for any damage caused.

What environmental protections are in place concerning oil, gas and energy development?

New Zealand has strict environmental regulation through the Resource Management Act and the Exclusive Economic Zone and Continental Shelf Act. These protect against significant adverse effects and promote the sustainable management of natural and physical resources.

Can offshore oil and gas activities take place anywhere around New Zealand?

No, the New Zealand government periodically opens certain offshore areas for petroleum exploration through a Competitive Block Offer process. Additionally these activities need to comply with an extensive set of regulations under the Exclusive Economic Zone and Continental Shelf Act.

What happens if a company breaches oil, gas and energy law in New Zealand?

If a company breaches the regulations, it may be liable for fines, penalties or orders for remedial actions. Serious breaches can also result in the revocation of resource consents or permits.

Additional Resources

The Ministry of Business, Innovation and Employment (MBIE) and New Zealand Petroleum and Minerals (NZPAM) are great resources for information on oil, gas, and energy. They provide regulatory updates, guidance, and related information. Local councils are also helpful resources for regional specific information.

Next Steps

Should you need legal assistance in oil, gas, and energy matters, it would be prudent to find a law firm or lawyer experienced in this sector. They can assist you in understanding the complex regulations and help you navigate the legal processes involved. It may also be helpful to keep updated with any legal and regulatory changes through government websites and industry newsletters.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.