Next steps and having your say
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Next steps
This discussion document reflects regulatory proposals based on early international thinking, New Zealand’s unique context and information about natural and orange hydrogen development. We want to hear from you on the questions we have posed in this document to ensure the regulatory approach is appropriate for natural and orange hydrogen development for New Zealand’s unique context.
We will consider your feedback in developing final proposals for natural and orange development which will be considered by Cabinet in the second half of 2025.
Summary of questions
We are seeking your feedback on the regulatory approach to natural and orange hydrogen development. We welcome all submissions but are particularly interested in the questions proposed in this document:
Objectives
1) Do you agree that objectives outlined in the discussion document are the most important objectives for a hydrogen regulatory regime? Are there other objectives that we should explore?
Hydrogen as a mineral under the CMA
2) Do you support regulating natural and orange hydrogen as a mineral?
3) What do you consider to be the advantages and disadvantages of this approach?
4) Do you see any unintended consequence or risks with the “rule of capture” and how it may work in practice? Please explain your answer and how these risks could be mitigated.
5) What CMA requirements should apply (e.g. non-petroleum mineral requirements, petroleum requirements, or something bespoke)?
6) What are your views on phasing the regulatory requirements for hydrogen under the CMA (e.g. focusing on prospecting/exploration permitting first)?
Hydrogen as a non-mineral natural resource
7) Do you support regulating natural and orange hydrogen as a non-mineral natural resource outside of the CMA?
8) What do you consider to be the advantages and disadvantages of this approach?
9) Do you consider the RMA is an appropriate tool to allocate and manage natural and orange hydrogen resources? If not, why not?
10) Do you prefer a bespoke regime over the RMA to allocate and manage natural and orange hydrogen resources? Please explain.
Other questions
11) Do you consider either approach a barrier to natural or orange hydrogen development in New Zealand?
12) Are there any other alternative regulatory approaches to develop natural or orange hydrogen in New Zealand?
13) Do you have views on how Māori rights and interests should be reflected in the regime?
Having your say
Send your submission to resourcepolicy@mbie.govt.nz by 5pm Friday 4 July 2025.
For any questions or help needed with making a submission, please contact resourcepolicy@mbie.govt.nz