New Zealand Legislation: Acts
Acts are laws made by Parliament
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as at 1 July 2009
| Public Act | 2002 No 40 |
| Date of assent | 18 November 2002 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Ministry for the Environment.
14 Registrar must give effect to directions [Repealed]
30E Conversion of New Zealand units into designated assigned amount units for sale overseas or cancellation
37 Power to enter land or premises to collect information to estimate emissions or removals of greenhouse gases
44 Information obtained under section 39 or section 40 only admissible in proceedings for alleged breach of regulations made under section 50(2)
General administrative provisions
104 Information obtained under section 100 or 101 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5
166 Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting
187 Conditions on registration as participant in respect of certain activities relating to post-1989 forest land
193 Transfer of registration on expiry or termination of registered forestry right, registered lease, or Crown conservation contract in relation to post-1989 forest land
Post-1989 forest land and pre-1990 forest land
208 Purchase of coal or natural gas from wholly owned subsidiary of Part 3 of Schedule 3 participant
This Act is the Climate Change Response Act 2002.
This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
Section 2: section 1, Part 1, subpart 3 of Part 2, and Part 3 (other than section 50(1)(a) and (c)–(h) and section 51) brought into force, on 1 August 2003, by the Climate Change Response Act Commencement Order 2003 (SR 2003/151).
Section 2: subparts 1 and 2 of Part 2 and sections 50(1)(a) and (c)–(h) and 51 brought into force, on 19 November 2007, by the Climate Change Response Act Commencement Order 2007 (SR 2007/336).
(1) Any provision in this Act that imposes an obligation on, or provides an entitlement to, a person in respect of an activity listed in Schedule 3 or 4—
(a) does not apply to that person unless the Part or subpart in Schedule 3 or 4 in which the activity is listed applies; and
(b) applies subject to sections 217 to 221.
(4) Part 3 of Schedule 3, subpart 1 of Part 4 of Schedule 3, and subpart 1 of Part 2 of Schedule 4 apply on and after 1 January 2010.
(5) Subpart 1 of Part 5 of Schedule 3 applies on and after 1 January 2011, unless repealed under subsection (10) before that date.
(6) Subpart 3 of Part 5 of Schedule 3 applies on and after 1 January 2011, unless repealed under subsection (11) before that date.
(7) Subpart 2 of Part 4 of Schedule 3, Part 6 of Schedule 3, and subpart 3 of Part 2 of Schedule 4 apply on and after 1 January 2011.
(8) Subpart 2 of Part 5 of Schedule 3 applies on and after 1 January 2011 if the Governor-General makes an Order in Council to that effect.
(9) Subpart 4 of Part 5 of Schedule 3 applies on and after 1 January 2011 if the Governor-General makes an Order in Council to that effect.
(10) If the Governor-General makes an Order in Council under subsection (8), then subsection (5) and subpart 1 of Part 5 of Schedule 3 expire and are repealed.
(11) If the Governor-General makes an Order in Council under subsection (9), then subsection (6) and subpart 3 of Part 5 of Schedule 3 expire and are repealed.
(12) If, by 30 June 2010, the Governor-General does not make an Order in Council under subsection (8) that applies subpart 2 of Part 5 of Schedule 3, then that subpart and subsection (8) expire and are repealed on 30 June 2010.
(13) If, by 30 June 2010, the Governor-General does not make an Order in Council under subsection (9) that applies subpart 4 of Part 5 of Schedule 3, then that subpart and subsection (9) expire and are repealed on 30 June 2010.
(14) Subpart 2 of Part 2 of Schedule 4 applies on and after a date to be appointed by the Governor-General by Order in Council.
(15) Subpart 1 of Part 5 of Schedule 4 applies on and after a date no earlier than 1 January 2011 to be appointed by the Governor-General by Order in Council.
(16) Subpart 2 of Part 5 of Schedule 4 applies on and after a date no earlier than 1 January 2011 to be appointed by the Governor-General by Order in Council.
(17) If, by 31 December 2012, the Governor-General does not make an Order in Council under subsection (15) that applies subpart 1 of Part 5 of Schedule 4, then that subpart and subsection (15) expire and are repealed on 31 December 2012.
(18) If, by 31 December 2012, the Governor-General does not make an Order in Council under subsection (16) that applies subpart 2 of Part 5 of Schedule 4, then that subpart and subsection (16) expire and are repealed on 31 December 2012.
(19) If, by 31 December 2012, the Governor-General does not make an Order in Council under subsection (15) or (16) that applies subpart 1 or 2 of Part 5 of Schedule 4, as the case may be, then subpart 4 of Part 5 (consisting of sections 213 to 216) expires and is repealed on 31 December 2012.
Section 2A: inserted, on 26 September 2008, by section 4 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The purpose of this Act is to—
(a) enable New Zealand to meet its international obligations under the Convention and the Protocol, including (but not limited to)—
(i) its obligation under Article 3.1 of the Protocol to retire Kyoto units equal to the number of tonnes of carbon dioxide equivalent of human-induced greenhouse gases emitted from the sources listed in Annex A of the Protocol in New Zealand in the first commitment period; and
(ii) its obligation to report to the Conference of the Parties via the Secretariat under Article 7 of the Protocol and Article 12 of the Convention:
(b) provide for the implementation, operation, and administration of a greenhouse gas emissions trading scheme in New Zealand that supports and encourages global efforts to reduce greenhouse gas emissions by assisting New Zealand to meet its international obligations under the Convention and the Protocol, and by reducing New Zealand's net emissions below business-as-usual levels.
(2) For the purposes of this section, business-as-usual levels means the levels of New Zealand's greenhouse gas emissions, estimated by a Minister or chief executive with powers or functions under this Act at any particular point in time, as if the greenhouse gas emissions trading scheme provided for under this Act had not been implemented.
(2) A person who exercises a power or discretion, or carries out a duty, under this Act must exercise that power or discretion, or carry out that duty, in a manner that is consistent with the purpose of this Act.
Section 3(1): substituted, on 26 September 2008, by section 5 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 3 first subsection (2): inserted, on 26 September 2008, by section 5 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) In this Act, unless the context otherwise requires,—
account number means a unique account number assigned to a holding account by the Registrar under section 15(1)(a)
allocation plan means an allocation plan issued under section 79 or 80
animal material has the same meaning as in section 4(1) of the Animal Products Act 1999
animal product has the same meaning as in section 4(1) of the Animal Products Act 1999
approved overseas unit means a unit, other than a Kyoto unit,—
(a) issued by an overseas registry; and
(b) prescribed as a unit that may be transferred to accounts in the Registry
assigned amount unit means a unit issued out of a Party's initial assigned amount and designated as an assigned amount unit by—
(a) the Registry; or
(b) an overseas registry of a Party listed in Annex B of the Protocol
associated person has the meaning given to it by subsection (3)
cancel, in relation to a unit, means the transfer of the unit to a cancellation account in the Registry with the effect specified in section 18CA(1)
carbon accounting area means an area of post-1989 forest land that—
(a) is defined by a person who is registered or has applied to register as a participant under section 57 in relation to an activity listed in Part 1 of Schedule 4; and
(b) meets any relevant criteria specified in regulations made under this Act
carbon dioxide equivalent, in relation to a gas in Annex A of the Protocol, means the amount, in tonnes, of carbon dioxide that would produce the same global warming as the amount of that gas, calculated by multiplying the tonnes of that gas by its global warming potential (as determined under Article 5.3 of the Protocol)
carry-over means the transfer of an assigned amount unit, certified emission reduction unit, or emission reduction unit from the relevant commitment period to a subsequent commitment period so that the unit remains capable of being transferred, retired, cancelled, or carried-over in that subsequent commitment period
CDM registry means the registry established and maintained as the clean development mechanism registry under Article 12 of the Protocol
certified emission reduction unit means a unit derived from a clean development mechanism project, issued by the CDM registry, and designated as a certified emission reduction unit by the CDM registry
chief executive, in relation to a Part, means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of the Part
chief executive responsible for the administration of this Act means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of this Act
clean development mechanism project means a project undertaken under Article 12 of the Protocol for the benefit of a Party not listed in Annex I of the Convention
clear, in relation to a tree,—
(a) includes—
(i) felling, harvesting, burning, removing by mechanical means, spraying with a herbicide intended to kill the tree, or undertaking any other form of human activity that kills the tree; and
(ii) felling, burning, killing, uprooting, or destroying by a natural cause or event; but
(b) does not include pruning or thinning
coal has the same meaning as in section 2(1) of the Crown Minerals Act 1991
commitment period reserve means a number of Kyoto units equal to the lesser of—
(a) 90% of the assigned amount units issued out of New Zealand's initial assigned amount; or
(b) 5 times the number of tonnes of carbon dioxide equivalent of human-induced greenhouse gases emitted from the sources listed in Annex A of the Protocol in the most recent year, as estimated by the most recent inventory of greenhouse gases that has been reported in accordance with Article 7 of the Protocol and reviewed in accordance with Article 8 of the Protocol
Conference of the Parties means the Conference of the Parties to the Convention
Convention means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, a copy of the English text of which is set out in Schedule 1
conversion account means an account in the Registry used for the purpose of converting New Zealand units into assigned amount units
convert, in relation to a New Zealand unit, means the transfer of the unit to a conversion account in the Registry with the effect specified in section 18CA(5)
Crown conservation contract means a written agreement with the Crown (including a concession granted in accordance with Part 3B of the Conservation Act 1987) for the removal and storage of greenhouse gases on post-1989 forest land that is Crown land managed or administered under the Conservation Act 1987 or any of the Acts listed in Schedule 1 of that Act
Crown land has the same meaning as in section 2(1) of the Crown Minerals Act 1991
dairy processing, in relation to milk or colostrum, means the first occasion, other than at a farm dairy, on which the milk or colostrum is made subject to heat treatment, freezing, separation, concentration, filtering, blending, extraction of milk components, and the addition of other material, including (but not limited to) food, ingredients, additives, or processing aids as defined in the Food Standards Code
deforest, in relation to forest land,—
(a) means to convert forest land to land that is not forest land; and
(b) includes clearing forest land, where section 179 applies
designated operational entity means an operational entity designated under Article 12(5) of the Protocol
disposal facility means any facility, including a landfill,—
(a) at which waste is disposed; and
(b) at which the waste disposed includes waste from a household that is not entirely from construction, renovation, or demolition of a house; and
(c) that operates, at least in part, as a business to dispose of waste; but
(d) does not include a facility, or any part of a facility, at which waste is combusted for the purpose of generating electricity or industrial heat
dispose, in relation to waste,—
(a) means—
(i) the final or more than short-term deposit of waste into or onto land set apart for that purpose; or
(ii) the incineration of waste by deliberately burning the waste to destroy it; but
(b) does not include any deposit of biosolids for rehabilitation or other beneficial purposes
document means a document in any form whether or not signed or initialled or otherwise authenticated by its maker; and includes—
(a) any writing on any material:
(b) any information recorded or stored by means of any tape recorder, computer, or any other device; and any material subsequently derived from information so recorded or stored:
(c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:
(d) any book, map, plan, graph, or drawing:
(e) any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced
draft allocation plan means a draft allocation plan prepared under section 78
elect, in relation to a sink activity under Article 3.4 of the Protocol, means that a Party has advised the Secretariat of its intention to report to the Secretariat on that activity for the purpose of compliance with that Party's obligations under Article 3.1 of the Protocol
emission reduction unit means a unit derived from a joint implementation project, issued by converting an assigned amount unit or removal unit, and designated as an emission reduction unit by—
(a) the Registry; or
(b) an overseas registry of a Party listed in Annex B of the Protocol
emissions, in relation to an activity listed in Schedule 3 or 4, means carbon dioxide equivalent emissions of greenhouse gases from the activity
emissions return means—
(a) an annual emissions return submitted under section 65; or
(b) an emissions return submitted under section 66; or
(c) a final emissions return submitted under section 118; or
(d) an emissions return submitted under section 187, 189, 191, or 193
entity, in relation to a group, means a reporting entity or reporting entity’s subsidiary, within the meaning of section 2(1) of the Financial Reporting Act 1993
executive board means the board established under Article 12(4) of the Protocol
exempt land—
(a) means pre-1990 forest land that has been declared to be exempt land—
(i) under section 183; or
(ii) under section 184 and in respect of which the conditions in section 184(6) have been met; but
(b) does not include any forest land that met the definition in paragraph (a), but has been deforested, and in respect of which the number of units that would have been required to be surrendered in relation to an activity listed in Part 1 of Schedule 3, had the land not been exempt land, have been surrendered under section 187(2)
exotic forest species means a forest species that is not an indigenous forest species
expire or expiry, in relation to a long-term certified emission reduction unit or a temporary certified emission reduction unit, means a unit that is no longer capable of being—
(a) transferred to any account other than the general cancellation account; or
(b) retired
export has a corresponding meaning to exportation in section 2(1) of the Customs and Excise Act 1996
farm dairy has the same meaning as in section 4(1) of the Animal Products Act 1999
first commitment period means the commitment period from 1 January 2008 to 31 December 2012 (inclusive)
Food Standards Code has the same meaning as in section 4(1) of the Animal Products Act 1999
forest land—
(a) means an area of land of at least 1 hectare that has, or is likely when the forest species reach maturity to have, tree crown cover from forest species of more than 30% in each hectare; and
(b) includes an area of land that temporarily does not meet the requirements specified in paragraph (a) because of human intervention or natural causes but that is likely to revert to land that meets the requirements specified in paragraph (a); but
(c) does not include—
(i) a shelter belt of forest species, where the tree crown cover at maturity has, or is likely to have, an average width of less than 30 metres; or
(ii) an area of land where the forest species have, or are likely to have, a tree crown cover at maturity of an average width of less than 30 metres, unless the area is contiguous with land that meets the requirements specified in paragraph (a) or (b)
forest species means a tree species capable of reaching at least 5 metres in height at maturity in the place where it is located
general cancellation account means an account in the Registry for the purpose of holding units on behalf of the Crown that are cancelled for any reason other than sink activities being a source of emissions or a determination that New Zealand is not in compliance with Article 3.1 of the Protocol
greenhouse gas means a gas listed in Annex A of the Protocol
group has the same meaning as in section 2(1) of the Financial Reporting Act 1993
holding account means an account in the Registry for the purpose of holding units that have not been retired, surrendered, converted, or cancelled
import has a corresponding meaning to importation in section 2(1) of the Customs and Excise Act 1996
indigenous forest species means a forest species that occurs naturally in New Zealand or has arrived in New Zealand without human assistance
indirect greenhouse gas—
(a) means a gas that—
(i) reacts with other gases to form a greenhouse gas; or
(ii) changes the chemistry of the atmosphere in a way that increases the lifetime of other greenhouse gases; and
(b) includes, but is not limited to, carbon monoxide, nitrogen oxides, non-methane volatile organic compounds, and sulphur dioxide
industrial or trade premises means any premises used for any industrial or trade purposes, or any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes; but does not include any production land
initial assigned amount means the allowance of emissions of greenhouse gas assigned to a Party listed in Annex B of the Protocol, measured in tonnes of carbon dioxide equivalent, and calculated under Articles 3.7 and 3.8 of the Protocol
international transaction log means an international log established and maintained by the Secretariat to confirm the validity of transactions, including the issue and transfer of Kyoto units between registries and between accounts in the Registry
inventory agency means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of Part 3
joint implementation project means a project aimed at reducing the human-induced emissions of greenhouse gases by sources or enhancing the human-induced removals by sink activities of a Party listed in Annex I of the Convention that is undertaken under Article 6 of the Protocol
Kyoto units means all of the unit types specified in, or in accordance with, the Protocol (namely, assigned amount units, certified emission reduction units, emission reduction units, long-term certified emission reduction units, removal units, and temporary certified emission reduction units)
landowner,—
(a) in relation to Crown land, means the appropriate Minister (as that term is defined in section 2(2) of the Crown Minerals Act 1991); and
(b) in relation to land other than Crown land, means—
(i) the legal owner of a freehold estate in the land; or
(ii) if the land is Maori customary land (as defined in section 4 of Te Ture Whenua Maori Act 1993), the person or persons who have title to the land as determined under Te Ture Whenua Maori Act 1993; or
(iii) if the land is Maori freehold land (as defined in section 4 of Te Ture Whenua Maori Act 1993), the legal owner of the land
local authority means a local authority within the meaning of the Local Government Act 2002
long-term certified emission reduction replacement account means an account in the Registry—
(a) for the purpose of—
(i) replacing long-term certified emission reduction units in that account or the retirement account, before they are due to expire, with assigned amount units, certified emission reduction units, emission reduction units, or removal units; or
(ii) replacing long-term certified emission reduction units, no more than 30 days before they are due to expire as a result of a reversal of sinks or non-receipt of a certification report, with—
(A) assigned amount units, certified emission reduction units, emission reduction units, or removal units; or
(B) long-term certified emission reduction units from the same clean development mechanism project; and
(b) that is limited to the relevant commitment period
long-term certified emission reduction unit means a unit derived from a clean development mechanism project, issued by the CDM registry, and designated as a long-term certified emission reduction unit by the CDM registry
Maori land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993
merchantable timber means timber from the stem of a tree more than 10 years old, other than—
(a) the stump; and
(b) wood that is decayed or grossly distorted; and
(c) wood that is less than 10 centimetres in diameter, excluding the bark
mining has the same meaning as in section 2(1) of the Crown Minerals Act 1991
Minister, in relation to a Part of this Act, means the Minister who is, under the authority of any warrant or under the authority of the Prime Minister, responsible for the administration of the Part
Minister responsible for the administration of this Act means the Minister who is, under the authority of any warrant or under the authority of the Prime Minister, responsible for the administration of this Act
natural gas means—
(a) all gaseous hydrocarbons produced from wells, including wet gas and residual gas remaining after the extraction of condensate from wet gas; and
(b) liquid hydrocarbons, other than condensate, extracted from wet gas and sold as natural gas liquids, for example, liquid petroleum gas; and
(c) coal seam gas
New Zealand unit means a unit issued by the Registrar and designated as a New Zealand unit
non-compliance cancellation account means an account in the Registry for the purpose of holding any units on behalf of the Crown that are cancelled as a result of a determination that New Zealand is not in compliance with Article 3.1 of the Protocol
obligation fuel means any fuel specified as obligation fuel in regulations made under this Act
obligation jet fuel means any jet fuel specified as obligation jet fuel in regulations made under this Act
operating, in relation to a disposal facility, means being in control of the facility
ordinary hours of business means the hours of 8 am to 6 pm from Monday to Friday
overseas registry means—
(a) a registry of a Party listed in Annex B of the Protocol (other than New Zealand):
(b) the CDM registry
(c) any other prescribed registry
participant means a person who is a participant under section 54
Party means a Party to the Protocol
performance, in relation to ruminants and other farmed livestock, means the production statistics with respect to those animals, including, but not limited to, weight, milk production, lambing and calving percentage, and wool weight
post-1989 forest land means forest land that—
(a) was not forest land on 31 December 1989; or
(b) was forest land on 31 December 1989 but was deforested between 1 January 1990 and 31 December 2007; or
(c) was pre-1990 forest land, other than exempt land,—
(i) that was deforested on or after 1 January 2008; and
(ii) in respect of which any liability to surrender units arising in relation to an activity listed in Part 1 of Schedule 3 has been satisfied; or
(d) was exempt land—
(i) that has been deforested; and
(ii) in respect of which the number of units that would have been required to be surrendered in relation to an activity listed in Part 1 of Schedule 3, had the land not been exempt land, have been surrendered under section 187(2)
pre-1990 forest land—
(a) means forest land—
(i) that was forest land on 31 December 1989; and
(ii) that remained as forest land on 31 December 2007 (taking into account subsection (5)); and
(iii) where the forest species on the forest land on 31 December 2007 consisted predominantly of exotic forest species; but
(b) does not include any forest land that met the definition in paragraph (a), but—
(i) has been deforested and in respect of which any liability to surrender units arising in respect of an activity listed in Part 1 of Schedule 3 has been satisfied; or
(ii) was declared to be exempt land, has been deforested, and the number of units that would have been required to be surrendered in respect of an activity listed in Part 1 of Schedule 3 had the land not been exempt land have been surrendered under section 187(2)(b)
previous commitment period means a commitment period, including (but not limited to) the first commitment period, that—
(a) is specified or determined under the Protocol; and
(b) begins and ends before a subsequent commitment period
primary representative means an individual appointed by an account holder as a primary representative of the account holder in accordance with any regulations made under Part 2
production land means any land used for the production of primary products (including agricultural, pastoral, horticultural, and forestry products); but does not include any buildings
Protocol means the Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997, a copy of the English text of which is set out in Schedule 2
public notice means a notice published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin, and made accessible via the Internet
recover, in relation to dispose,—
(a) means the extraction of materials or energy from waste for further use or processing; and
(b) includes making waste into compost
recycle, in relation to dispose, means the reprocessing of waste to produce new materials
registered forestry right means a forestry right registered under the Forestry Rights Registration Act 1983
registered lease,—
(a) in relation to a lease in respect of land registered under the Land Transfer Act 1952,—
(i) means a lease registered under that Act; and
(ii) includes a lease registered under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002:
(b) in relation to a lease in respect of land that is not registered under the Land Transfer Act 1952, means a lease registered under the Deeds Registration Act 1908
Registry means the Registry established in New Zealand for the purpose set out in section 10
relevant commitment period means a commitment period that is specified or determined under the Protocol, and—
(a) in which a particular activity or transaction occurs; or
(b) to which an account or Kyoto unit is associated
removal unit means a unit—
(a) derived from a Party's sink activities that result in a net removal of greenhouse gases; and
(b) designated as a removal unit by—
(i) the Registry; or
(ii) an overseas registry of a Party listed in Annex B of the Protocol
removals, in relation to a removal activity, means carbon dioxide equivalent greenhouse gases that are, as a result of the removal activity,—
(a) removed from the atmosphere; or
(b) not released into the atmosphere; or
(c) a reduction from emissions reported in—
(i) New Zealand's annual inventory report under section 32 as required under the Convention or Protocol for any year; or
(ii) any emissions report from New Zealand under a successor international agreement
retire, in relation to a Kyoto unit, means the transfer of that Kyoto unit to a retirement account in the Registry with the effect specified in section 18CA(2)
retirement account means an account in the Registry for the purpose of holding Kyoto units that the Minister of Finance has retired on behalf of the Crown
reuse, in relation to dispose, means the further use of waste in its existing form for the original purpose of the materials or products that constitute the waste or for a similar purpose
Secretariat means the Secretariat of the Convention
sink activity, in relation to greenhouse gas removals, means—
(a) an activity under Article 3.3 of the Protocol; or
(b) an elected activity under Article 3.4 of the Protocol
sink cancellation account means an account in the Registry for the purpose of holding units that the Minister of Finance has cancelled on behalf of the Crown as a result of sink activities resulting in a net source of emissions
subsequent commitment period means a commitment period that—
(a) is specified or determined under the Protocol; and
(b) begins and ends after a previous commitment period
supervisory committee means the committee established to supervise the verification of emission reduction units generated by project activities under Article 6 of the Protocol
surrender means the transfer of a unit to a surrender account in the Registry with the effect specified in section 18CA(3) or (4)
surrender account means an account in the Registry for the purpose of holding units that account holders have surrendered
temporary certified emission reduction replacement account means an account in the Registry—
(a) for the purpose of replacing temporary certified emission reduction units, before they are due to expire, with assigned amount units, certified emission reduction units, emission reduction units, removal units, or temporary certified emission reduction units that are due to expire in a subsequent commitment period; and
(b) that is limited to the relevant commitment period
temporary certified emission reduction unit means a unit derived from a clean development mechanism project issued by the CDM registry, and designated as a temporary certified emission reduction unit by the CDM registry
unit means a Kyoto unit, a New Zealand unit, or an approved overseas unit
waste means any thing that—
(a) has been disposed of or discarded; and
(b) includes waste that is defined by its composition or source (for example, organic waste, electronic waste, or construction and demolition waste)
year means a calendar year ending on 31 December.
(2) Terms and expressions used and not defined in this Act but defined in the Convention or Protocol have, unless the context otherwise requires, the same meaning as in the Convention or Protocol.
(3) A person is an associated person in relation to 1 or more other persons if—
(a) each person is a body corporate and each of the bodies corporate—
(i) consist substantially of the same members or shareholders; or
(ii) are under the control of the same persons; or
(b) any of the bodies corporate—
(i) has the power, directly or indirectly, to exercise, or control the exercise of, 25% or more of the voting power at a meeting of the other; or
(ii) is able to appoint or control 25% or more of the governing body of the other.
(4) For the purposes of the definition of dispose, a deposit of waste is short-term if, not later than 6 months after the deposit (or any later time that the chief executive has agreed to in writing), the waste is—
(a) reused or recycled; or
(b) recovered; or
(c) removed from the land for any other reason.
(5) Pre-1990 forest land, in respect of which conversion to land that is not forest land had commenced prior to 31 December 2007, is to be treated as deforested on 31 December 2007 if, on that date, the land had—
(a) no standing exotic forest species (dead or alive), other than a strip of standing exotic forest species that had, or was likely at maturity to have, tree crown cover of an average width of less than 30 metres; and
(b) no other merchantable timber from exotic forest species.
Section 4(1) account number: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) allocation plan: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) animal material: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) animal product: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) approved overseas unit: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) assigned amount unit: amended, on 26 September 2008, by section 6(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) associated person: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) cancel: substituted, on 26 September 2008, by section 6(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) carbon accounting area: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) carbon dioxide equivalent: amended, on 26 September 2008, by section 6(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) carry-over: amended, on 26 September 2008, by section 6(6)(a) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) carry-over: amended, on 26 September 2008, by section 6(6)(b) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) carry-over: amended, on 1 August 2003, by section 5(1)(a) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) certified emission reduction unit: amended, on 26 September 2008, by section 6(7) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) chief executive: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) chief executive responsible for the administration of this Act: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) clean development mechanism project: amended, on 1 August 2003, by section 5(1)(b) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) clear: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) coal: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) commitment period: repealed, on 1 August 2003, by section 5(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) commitment period reserve: amended, on 26 September 2008, by section 6(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) commitment period reserve paragraph (b): amended, on 26 September 2008, by section 6(9) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) conversion account: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) convert: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Crown conservation contract: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Crown land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) dairy processing: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) deforest: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) designated operational entity: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) disposal facility: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) dispose: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) document: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) draft allocation plan: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) emission reduction unit: amended, on 26 September 2008, by section 6(10) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) emissions: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) emissions return: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) entity: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) executive board: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) exempt land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) exotic forest species: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) expire or expiry: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) export: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) farm dairy: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) first commitment period: inserted, on 1 August 2003, by section 5(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) Food Standards Code: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) forest land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) forest species: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) group: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) holding account: amended, on 26 September 2008, by section 6(11) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) holding account: amended, on 1 August 2003, by section 5(1)(c) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) import: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) independent transaction log: repealed, on 26 September 2008, by section 6(12) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) indigenous forest species: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) initial assigned amount: amended, on 26 September 2008, by section 6(13) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) international transaction log: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) inventory agency: substituted, on 26 September 2008, by section 6(14) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Kyoto units: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) landowner: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1): local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 4(1) long-term certified emission reduction replacement account: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) long-term certified emission reduction unit: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) long-term certified emission reduction unit: amended, on 26 September 2008, by section 6(15) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Maori land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) merchantable timber: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) mining: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Minister: substituted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Minister responsible for the administration of this Act: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Minister responsible for the inventory agency: repealed, on 26 September 2008, by section 6(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Minister responsible for the Registry: repealed, on 26 September 2008, by section 6(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) natural gas: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) New Zealand unit: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) obligation fuel: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) obligation jet fuel: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) operating: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) overseas registry paragraph (c): added, on 26 September 2008, by section 6(16) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) participant: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) post-1989 forest land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) pre-1990 forest land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) previous commitment period: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) primary representative: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) public notice: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) recover: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) recycle: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) registered forestry right: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) registered lease: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) relevant commitment period: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) relevant commitment period paragraph (b): amended, on 26 September 2008, by section 6(17) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) removal activity: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) removal unit paragraph (b): amended, on 26 September 2008, by section 6(18) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) removals: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) representative identifier: repealed, on 26 September 2008, by section 6(19) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) retire: substituted, on 26 September 2008, by section 6(20) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) retirement account: amended, on 26 September 2008, by section 6(21) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) reuse: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) subsequent commitment period: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) surrender: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) surrender account: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) temporary certified emission reduction replacement account: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) temporary certified emission reduction unit: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) temporary certified emission reduction unit: amended, on 26 September 2008, by section 6(22) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) unit: substituted, on 26 September 2008, by section 6(23) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) waste: added, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) year: added, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(3): added, on 26 September 2008, by section 6(24) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(4): added, on 26 September 2008, by section 6(24) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(5): added, on 26 September 2008, by section 6(24) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
This Act binds the Crown.
The Minister of Finance may, on behalf of the Crown,—
(a) direct the Registrar to establish or close holding accounts:
(b) direct the Registrar to transfer units to any holding account in the Registry or to an overseas registry:
(c) buy or sell units, or otherwise acquire or dispose of units:
(d) enter into agreements to buy or sell units, or otherwise acquire or dispose of units, with any person (including any other Party):
(e) buy or sell, or enter into any agreement to buy or sell, or otherwise acquire or dispose of, any financial derivatives or other financial instruments relating to units or in connection with transactions relating to units:
(f) appoint agents to conduct the activities referred to in paragraphs (a) to (e) on the terms and conditions that the Minister of Finance thinks fit.
(1) The Minister of Finance may give directions to the Registrar to—
(a) establish the following accounts in the Registry for the Crown:
(i) a sink cancellation account:
(ii) a non-compliance cancellation account:
(iii) a general cancellation account:
(iv) a retirement account:
(v) a long-term certified emission reduction replacement account:
(vi) a temporary certified emission reduction replacement account:
(vii) a surrender account:
(viii) a conversion account:
(b) issue assigned amount units in the Registry:
(c) issue removal units or emission reduction units:
(d) transfer, subject to any prescribed restriction or prohibition, units (other than long-term certified emission reduction units or temporary certified emission reduction units) from holding accounts to the general cancellation account, the long-term certified emission reduction replacement account, the non-compliance cancellation account, the retirement account, the surrender account, the conversion account, the temporary certified emission reduction replacement account, or the sink cancellation account:
(da) transfer long-term certified emission reduction units or temporary certified emission reduction units from holding accounts to the general cancellation account, the long-term certified emission reduction replacement account, the temporary certified emission reduction replacement account, or the retirement account:
(e) carry-over assigned amount units, certified emission reduction units, and emission reduction units held in holding accounts:
(2) Despite subsection (1), or any regulations made under this Act, the Minister of Finance may not give a direction to transfer units from an account held by an account holder other than the Crown to another account in the Registry, unless—
(a) the Minister of Finance has the written consent of the account holder; or
(b) if written consent is not given, the Minister of Finance gives the account holder reasonable notice and—
(i) the transfer is required to comply with New Zealand's obligations under the Protocol; or
(ii) the account holder has failed to comply with Part 2 or any regulations made under section 30G; or
(c) section 30F(3) applies.
(3) For the purposes of subsection (2)(b)(i), reasonable notice means sufficient opportunity in the circumstances for the relevant account holder to make a written submission to the Minister of Finance on the transfer of the units before the units are transferred.
Section 7(1)(a)(v): added, on 19 November 2007, by section 6(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(a)(vi): added, on 19 November 2007, by section 6(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(a)(vii): added, on 26 September 2008, by section 7(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(1)(a)(viii): added, on 26 September 2008, by section 7(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(1)(b): substituted, on 19 November 2007, by section 6(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(d): substituted, on 19 November 2007, by section 6(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(d): amended, on 26 September 2008, by section 7(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(1)(d): amended, on 26 September 2008, by section 7(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(1)(da): inserted, on 19 November 2007, by section 6(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(e): substituted, on 19 November 2007, by section 6(4) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(e): amended, on 26 September 2008, by section 7(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(2): added, on 19 November 2007, by section 6(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(2)(b): substituted, on 26 September 2008, by section 7(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(2)(c): added, on 26 September 2008, by section 7(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(3): added, on 19 November 2007, by section 6(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).
The Registrar must give effect to any directions given by the Minister of Finance under section 6 or section 7 in accordance with, and subject to, the procedures set out in subpart 2 of this Part and regulations made under section 30G.
Section 8: amended, on 26 September 2008, by section 8 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
For the purposes of managing the Crown's holding of units and discharging New Zealand's obligations under section 32(1)(b), the Minister of Finance may, as and when he or she thinks fit,—
(a) direct the inventory agency to provide information estimating New Zealand's human-induced emissions of greenhouse gases by sources and removals by sink activities:
(b) direct the Registrar to provide information on those units, including, but not limited to, information indicating—
(i) how many units the Crown holds; and
(ii) how many units the Crown has issued or acquired, transferred, retired, replaced, cancelled, and carried-over.
Section 9: amended, on 19 November 2007, by section 8(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 9(b)(ii): amended, on 26 September 2008, by section 9 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 9(b)(ii): amended, on 19 November 2007, by section 8(2)(a) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 9(b)(ii): amended, on 19 November 2007, by section 8(2)(b) of the Climate Change Response Amendment Act 2006 (2006 No 59).
(1) The purpose of the Registry in relation to Kyoto units is to—
(a) ensure, for the first commitment period or a subsequent commitment period, the accurate, transparent, and efficient accounting of—
(i) the issue, holding, transfer, retirement, surrender, and cancellation of Kyoto units; and
(ii) the carry-over of assigned amount units, certified emission reduction units, and emission reduction units; and
(iii) the replacement of expired long-term certified emission reduction units and expired temporary certified emission reduction units; and
(b) ensure, in accordance with Article 7.4 of the Protocol, the accurate, transparent, and efficient exchange of information between—
(i) the Registry and overseas registries; and
(ii) the Registry and the international transaction log.
(c) [Repealed]
(2) The purpose of the Registry in relation to New Zealand units and approved overseas units is to ensure—
(a) the accurate, transparent, and efficient accounting of—
(i) the issue of New Zealand units; and
(ii) the holding, transfer, surrender, and cancellation of New Zealand units and approved overseas units; and
(iii) the conversion of New Zealand units into assigned amount units; and
(b) the accurate, transparent, and efficient exchange of information between the Registry and overseas registries.
(3) The purpose of the Registry in relation to all units is to facilitate the exchange of information between those persons with functions, duties, and powers under this Act to enable all of them to perform their functions and duties, and exercise their powers.
Section 10(1): amended, on 26 September 2008, by section 10(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(1)(a): amended, on 26 September 2008, by section 10(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(1)(a): amended, on 19 November 2007, by section 9(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 10(1)(a)(i): amended, on 26 September 2008, by section 10(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(1)(a)(i): amended, on 26 September 2008, by section 10(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(1)(a)(i): amended, on 19 November 2007, by section 9(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 10(1)(a)(iii): added, on 19 November 2007, by section 9(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 10(1)(b)(ii): amended, on 26 September 2008, by section 10(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(1)(b)(ii): amended, on 26 September 2008, by section 10(6) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(1)(c): repealed, on 26 September 2008, by section 10(7) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(2): added, on 26 September 2008, by section 10(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(3): added, on 26 September 2008, by section 10(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
The chief executive must appoint a Registrar in accordance with the State Sector Act 1988.
Section 11: amended, on 26 September 2008, by section 11 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
The Registrar is responsible for the operation of the Registry.
The Registrar may refuse access to the Registry, or otherwise suspend the operation of the Registry (in whole or in part),—
(a) for maintenance; or
(b) in response to technical difficulties; or
(c) to ensure the security or integrity of the Registry; or
(d) to give effect to New Zealand's international obligations.
Section 13: substituted, on 19 November 2007, by section 10 of the Climate Change Response Amendment Act 2006 (2006 No 59).
[Repealed]
Section 14: repealed, on 26 September 2008, by section 12 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Registrar must, in accordance with regulations made under this Act,—
(a) allocate a unique account number to each account when the account is created; and
(b) allocate a unique serial number to—
(i) each assigned amount unit when the Registrar records the initial assigned amount; and
(ii) each removal unit when the Registrar issues the removal unit.
(1A) The Registrar may, subject to regulations made under this Part, allocate a unique serial number to—
(i) a New Zealand unit; or
(ii) an approved overseas unit; or
(iii) a class or subclass of New Zealand units; or
(iv) a class or subclass of approved overseas units.
(2) If the Minister of Finance directs the Registrar to issue emission reduction units under section 7, the Registrar must convert the assigned amount units or removal units specified by the Minister of Finance into emission reduction units by—
(a) giving the emission reduction units the serial numbers of the units from which the emission reduction units are being converted; and
(b) replacing the identifiers on the converted units with identifiers that designate that the converted units are emission reduction units.
Section 15 heading: amended, on 26 September 2008, by section 13(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 15(1A): inserted, on 26 September 2008, by section 13(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) An account holder may, subject to regulations made under this Act, apply to the Registrar to carry-over assigned amount units, certified emission reduction units, or emission reduction units held in that account holder's holding account.
(2) Long-term certified emission reduction units, removal units, and temporary certified emission reduction units may not be carried-over.
Section 16: substituted, on 19 November 2007, by section 12 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 16 heading: amended, on 26 September 2008, by section 14(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 16(1): amended, on 26 September 2008, by section 14(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 16(2): amended, on 26 September 2008, by section 14(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Despite anything in this Act, the Registrar may not transfer or cancel Kyoto units if the transfer or cancellation would cause the total of the Kyoto units in all holding accounts and the retirement account in the unit register, excluding those Kyoto units subject to a notification from the international transaction log under section 21(3), to fall below the commitment period reserve.
(2) This section does not apply to transfers or cancellations of Kyoto units that the Registrar has issued as emission reduction units that were verified by the supervisory committee.
Section 17(1): substituted, on 26 September 2008, by section 15(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 17(2): amended, on 26 September 2008, by section 15(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Registry must have a unit register that is—
(a) in electronic form; and
(b) accessible via the Registry's Internet site; and
(c) operated at all times, unless the Registrar suspends its operation (in whole or in part) under section 13 or as prescribed in regulations.
(2) The unit register must contain—
(a) a record of the holdings of units in holding accounts in New Zealand; and
(b) the particulars of transactions, including, but not limited to,—
(i) the issue, transfer, retirement, surrender, conversion, and cancellation of units; and
(ii) the carry-over of assigned amount units, certified emission reduction units, and emission reduction units; and
(iii) the replacement of long-term certified emission reduction units and temporary certified emission reduction units; and
(c) any other matters that are required to be registered under this Act or regulations made under this Act.
(3) A unit recorded in the unit register is—
(a) indivisible with respect to the issue, holding, transfer, retirement, replacement, surrender, carry-over, cancellation, and conversion of a unit within the unit register; and
(b) transferable, subject to any regulations made under this Act,—
(i) within the unit register; or
(ii) between the unit register and overseas registries.
Section 18(1)(b): amended, on 19 November 2007, by section 13(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18(2)(b)(i): amended, on 26 September 2008, by section 16(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18(2)(b)(i): amended, on 19 November 2007, by section 13(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18(2)(b)(iii): added, on 19 November 2007, by section 13(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18(3): added, on 19 November 2007, by section 13(4) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18(3)(a): substituted, on 26 September 2008, by section 16(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Any person may submit an application to the Registrar to open 1 or more holding accounts in the unit register by using the form and paying the fees (if any) prescribed in regulations made under this Act.
(2) The Registrar may approve the opening of a holding account subject to any regulations made under this Act.
(3) If the Registrar approves an application to open a holding account, the Registrar must, as soon as practicable,—
(a) open a holding account in the applicant's name; and
(b) provide the applicant with an account number.
(4) If the application is incomplete, the Registrar must, as soon as practicable, ask the applicant to provide the information or fee (if any) that is required to make the application complete.
(5) The Registrar may refuse to provide a holding account to any applicant who provides an incomplete application.
(6) A holding account is subject to any regulations made under this Act.
Section 18A: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18A(3)(b): amended, on 26 September 2008, by section 17 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) An account holder may submit a request to the Registrar to close 1 or more of that account holder's holding accounts in the unit register by using the form and paying the fee (if any) prescribed in regulations made under this Act.
(2) The chief executive may give a direction to the Registrar to close an account holder's holding account—
(a) if the chief executive has the written consent of the account holder; or
(b) where written consent is not given,—
(i) if the chief executive has given the account holder reasonable notice; and
(ii) if—
(A) the closure is required to comply with New Zealand's obligations under the Protocol; or
(B) the account holder has failed to comply with this Part or any regulations made regarding the matters specified in section 30G; or
(C) the chief executive is satisfied that the account holder no longer requires the account.
(3) If there are any units remaining in a holding account when it is closed,—
(a) the units are forfeited to the Crown; and
(b) the Registrar must, as soon as practicable, transfer the units to a Crown holding account.
(4) If a request is incomplete, the Registrar must, as soon as practicable, ask the account holder to provide the information or fee (if any) that is required to make the request complete.
(5) The Registrar may not close a holding account if the account holder provides an incomplete request.
(6) For the purposes of subsection (2)(b)(i), reasonable notice means sufficient opportunity in the circumstances to—
(a) transfer the units to another account before the holding account that is the subject of the closure direction is closed; or
(b) in the case of non-compliance, comply with this Part or any regulations made under section 30G; or
(c) if the chief executive is satisfied that an account holder no longer requires a holding account, make a written submission to the chief executive, before the account is closed, regarding the account holder’s need to retain the account.
Section 18B: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18B(2): amended, on 26 September 2008, by section 18(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18B(2)(a): amended, on 26 September 2008, by section 18(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18B(2)(b)(i): amended, on 26 September 2008, by section 18(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18B(2)(b)(ii)(B): amended, on 26 September 2008, by section 18(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18B(2)(b)(ii)(B): amended, on 26 September 2008, by section 18(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18B(2)(b)(ii)(C): amended, on 26 September 2008, by section 18(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18B(6): substituted, on 26 September 2008, by section 18(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) An account holder may, by using the form and paying the fees (if any) prescribed in regulations made under this Act, apply to the Registrar to transfer units from that account holder's holding account to another account in—
(a) the unit register; or
(b) an overseas registry.
(2) The Registrar must transfer the specified units as requested, subject to any regulations made under this Act.
(3) Despite subsection (2), if the Registrar is asked to transfer Kyoto units held in an account holder's holding account to a retirement account, the Registrar must—
(a) seek a direction from the Minister of Finance as to whether the units may be transferred to a retirement account; and
(b) transfer the units to a retirement account if the Minister of Finance so directs.
(4) An account holder who receives units is under no obligation to initiate any registration process.
Section 18C: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18C(3): amended, on 26 September 2008, by section 19(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18C(3): amended, on 26 September 2008, by section 19(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18C(3)(a): amended, on 26 September 2008, by section 19(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18C(3)(b): amended, on 26 September 2008, by section 19(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A unit that is transferred to a cancellation account may not be further transferred, retired, surrendered, carried-over, or cancelled.
(2) A Kyoto unit that is transferred to a retirement account may not be further transferred, retired, surrendered, carried-over, or cancelled.
(3) A Kyoto unit that is transferred to a surrender account may only be further transferred, in accordance with a direction from the Minister of Finance, to—
(a) a retirement account or a cancellation account; or
(b) a participant’s holding account, if the direction was given on receipt of a notice from the chief executive under section 124 (which relates to reimbursement of Kyoto units).
(4) A New Zealand unit or an approved overseas unit that is transferred to a surrender account may be further transferred only in accordance with a direction from the Minister of Finance given on receipt of a notice from the chief executive under section 124 (which relates to reimbursement of New Zealand units or approved overseas units).
(5) A New Zealand unit that is transferred to a conversion account may not be surrendered, cancelled, or otherwise further transferred except as required by section 30E(4)(b).
Section 18CA: inserted, on 26 September 2008, by section 20 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) No participant may surrender, or permit to be surrendered, an imported assigned amount unit to meet the participant’s obligations under section 63 unless the assigned amount unit meets the conditions or requirements prescribed in regulations made under this Part.
(2) In this section and section 18CD, imported assigned amount unit means an assigned amount unit that is issued out of the initial assigned amount of a Party other than New Zealand.
Section 18CB: inserted, on 26 September 2008, by section 20 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) No participant may surrender, or permit to be surrendered, a CP1 imported assigned amount unit to meet the participant’s obligations under section 63 in respect of any emissions from any activities listed in Schedule 3 or 4 carried out by the participant after 31 December 2012.
(2) In this section and sections 18CD and 19, CP1 imported assigned amount unit means an assigned amount unit that is issued out of the initial assigned amount of a Party, other than New Zealand, during the first commitment period.
Section 18CC: inserted, on 26 September 2008, by section 20 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) This section applies if at any time the Registrar discovers that—
(a) an imported assigned amount unit has been transferred to a surrender account that does not meet any of the conditions or requirements prescribed in regulations made under this Part; or
(b) a CP1 imported assigned amount unit has been transferred to a surrender account to meet a participant’s obligations under section 63 in respect of any emissions from any activities listed in Schedule 3 or 4 carried out by the participant after 31 December 2012.
(2) If this section applies, the Registrar must—
(a) reverse the transfer; and
(b) notify the participant and the chief executive of the department responsible for the administration of Part 4 that the transfer has been reversed.
(3) If a transfer is reversed under subsection (2),—
(a) the chief executive of the department responsible for the administration of Part 4 must treat the transfer as never taking place for the purpose of assessing whether a participant has surrendered the required number of units by the due date as required under any section of this Act; and
(b) if the chief executive of the department responsible for the administration of Part 4 considers that the person has not surrendered the required number of units by the due date, give a notice to the participant under section 134(3)(a).
Section 18CD: inserted, on 26 September 2008, by section 20 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) This section applies if an account holder—
(a) is a natural person and dies; or
(b) is not a natural person and is wound up, liquidated, dissolved, or otherwise ceases to exist.
(2) If this section applies, the person listed on the holding account as the account holder's representative may operate the holding account until—
(a) a successor is determined; and
(b) the Registrar is informed of that determination in writing.
(3) If a successor is determined, and the Registrar is informed of that determination in writing, the Registrar must register the successor as the account holder.
Section 18D: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).
(1) Notice of a trust, whether expressed, implied, or constructive, may not be entered on the unit register.
(2) Despite anything in section 18D, the existence of a representative that may operate the holding account of an account holder who has died, or that has been wound up, liquidated, or dissolved, or otherwise has ceased to exist, does not constitute notice of a trust.
(3) The assignee of the property of a bankrupt may be entered on the unit register as the assignee of the bankrupt's units.
Section 18E: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).
(1) The Crown may offset each tonne of carbon dioxide equivalent of human-induced greenhouse gas emissions, emitted from sources listed in Annex A of the Protocol, by transferring a Kyoto unit to the retirement account.
(2) Despite subsection (1), the Crown may not retire a CP1 imported assigned amount unit to offset any carbon dioxide equivalent of human-induced greenhouse gas emissions that are emitted after 31 December 2012 from sources listed in Annex A of the Protocol.
(3) New Zealand units and approved overseas units may not be retired.
Section 19: substituted, on 26 September 2008, by section 21 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A transaction to issue, transfer, cancel, retire, surrender, convert, or replace units must be registered on the unit register.
(2) However, the Registrar may not register a transaction on the unit register if—
(a) the Registrar receives a notification from the international transaction log that there is a discrepancy with the transaction; or
(b) the transaction is not submitted in the prescribed form; or
(c) the prescribed fees (if any) have not been paid to the Registrar (unless arrangements for payment have been made in accordance with regulations made under this Act).
Section 20(1): amended, on 26 September 2008, by section 22(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 20(1): amended, on 19 November 2007, by section 15(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 20(2): substituted, on 19 November 2007, by section 15(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 20(2)(a): amended, on 26 September 2008, by section 22(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) On receipt of a direction in relation to Kyoto units given by the Minister of Finance, or an application for the registration of a transaction in relation to Kyoto units by an account holder that is completed to the satisfaction of the Registrar and in accordance with any regulations made under this Act, the Registrar must—
(a) create an unique transaction number; and
(b) if the proposed transaction concerns the international transaction log, send a record of the proposed transaction to the international transaction log if required to do so by the international transaction log; and
(c) if the proposed transaction does not concern the international transaction log,—
(i) record in the unit register the particulars of the transaction set out in the direction or the application; and
(ii) send electronic notification that the transaction has been recorded in the unit register to,—
(A) in the case of a direction, the Minister of Finance and, if the direction specifies that Kyoto units are to be transferred to a holding account of an account holder other than the Crown, the account holder:
(B) in the case of an application, the account holder who submitted the application and the account holder specified in the application as the account holder to whose holding account Kyoto units are to be transferred.
(2) If the Registrar sends a record of the proposed transaction to the international transaction log under subsection (1)(b) and receives notification back from the international transaction log that there are no discrepancies in the transaction, the Registrar must, as soon as practicable,—
(a) record in the unit register the particulars of the transaction set out in the direction or the application; and
(b) send notification that the transaction has been recorded in the unit register to the international transaction log; and
(c) send electronic notification that the transaction has been recorded in the unit register to,—
(i) in the case of a direction, the Minister of Finance; or
(ii) in the case of an application, the account holder.
(3) If the Registrar receives a notification from the international transaction log that there is a discrepancy in a transaction in relation to Kyoto units, the Registrar—
(a) may not register the transaction; and
(b) must terminate the transaction; and
(c) must give notification of the termination, as soon as practicable, to the international transaction log; and
(d) send electronic notification that the transaction has been terminated to,—
(i) in the case of a direction, the Minister of Finance; or
(ii) in the case of an application, the account holder.
(4) This section does not apply to the carry-over of assigned amount units, certified emission reduction units, and emission reduction units.
Section 21 heading: amended, on 26 September 2008, by section 23(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(1): substituted, on 19 November 2007, by section 16(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 21(1): amended, on 26 September 2008, by section 23(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(1): amended, on 26 September 2008, by section 23(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(1)(b): substituted, on 26 September 2008, by section 23(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(1)(c): added, on 26 September 2008, by section 23(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(2): substituted, on 26 September 2008, by section 23(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(3): amended, on 26 September 2008, by section 23(6) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(3): amended, on 26 September 2008, by section 23(7) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(3)(c): substituted, on 26 September 2008, by section 23(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(3)(d): added, on 26 September 2008, by section 23(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(4): amended, on 26 September 2008, by section 23(9) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) On receipt of a direction in relation to New Zealand units or approved overseas units given by the Minister of Finance, or an application for the registration of a transaction in relation to New Zealand units or approved overseas units by an account holder, which is completed to the satisfaction of the Registrar and in accordance with any regulations made under this Act, the Registrar must—
(a) create a unique transaction number; and
(b) if the proposed transaction concerns an overseas registry, send a record of the proposed transaction to the overseas registry if required to do so by the overseas registry; and
(c) if the proposed transaction does not concern an overseas registry,—
(i) record in the unit register the particulars of the transaction set out in the direction or the application; and
(ii) send electronic notification that the transaction has been recorded in the unit register to,—
(A) in the case of a direction, the Minister of Finance and, if the direction specifies that New Zealand units or approved overseas units are to be transferred to the holding account of an account holder other than the Crown, the account holder:
(B) in the case of an application, the account holder who submitted the application and the account holder specified in the application as the account holder to whose holding account New Zealand units or approved overseas units are to be transferred.
(2) If the Registrar sends a record of the proposed transaction to an overseas registry under subsection (1)(b) and receives notification back from the overseas registry that there are no discrepancies in the transaction, the Registrar must, as soon as practicable,—
(a) record in the unit register the particulars of the transaction set out in the direction or the application; and
(b) send notification to the overseas registry that the transaction has been recorded in the unit register; and
(c) send electronic notification that the transaction has been recorded in the unit register to,—
(i) in the case of a direction, the Minister of Finance; or
(ii) in the case of an application, the account holder.
(3) If the Registrar receives a notification from the overseas registry that there is a discrepancy in a proposed transaction in relation to New Zealand units or approved overseas units, the Registrar—
(a) may not register the transaction; and
(b) must terminate the transaction; and
(c) must notify the overseas registry of the termination; and
(d) send electronic notification that the transaction has been terminated to,—
(i) in the case of a direction, the Minister of Finance; or
(ii) in the case of an application, the account holder.
Section 21AA: inserted, on 26 September 2008, by section 24 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
A direction by the Minister of Finance or an application by an account holder to register a transaction must be—
(a) made electronically in the prescribed form via the Registry's Internet site, and contain the particulars specified in the form; and
(b) accompanied by the fee (if any) prescribed in regulations made under this Act; and
(c) made in accordance with regulations made under this Act.
Section 21A: inserted, on 19 November 2007, by section 17 of the Climate Change Response Amendment Act 2006 (2006 No 59).
(1) If an application is defective, the Registrar may—
(a) [Repealed]
(b) direct, in writing by electronic notification, the applicant to correct the defect within a specified period of time.
(2) If a direction to correct a defect is not complied with within the specified period of time, the Registrar may refuse to—
(a) proceed with the registration; or
(b) register the transaction.
(3) Any fees paid to the Registrar in relation to an uncorrected defective application are forfeited.
Section 21B: inserted, on 19 November 2007, by section 17 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 21B(1)(a): repealed, on 26 September 2008, by section 25 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A transaction takes effect when it is registered.
(2) A transaction is registered when the Registrar—
(a) assigns a registration number, date, and time, and other information that may be required by this Act, to the transaction; and
(b) enters those particulars in the unit register.
(1) If the Registrar receives notification from an overseas registry of a proposal to transfer Kyoto units to an account in the Registry, the Registrar must register the transaction, in accordance with the notification, when the Registrar receives the following:
(a) notification from the international transaction log that the proposed transaction does not contain any discrepancies; and
(b) [Repealed]
(2) If the Registrar receives notification from an overseas registry of a proposal to transfer Kyoto units to an account in the Registry and receives notification from the international transaction log that there is a discrepancy, the Registrar—
(a) may not register the transaction; and
(b) must terminate the transaction; and
(c) must notify the international transaction log of the termination.
(3) A transfer of Kyoto units from an overseas registry is subject to any regulations made under this Act.
Section 23 heading: amended, on 26 September 2008, by section 26(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 23(1): amended, on 26 September 2008, by section 26(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 23(1)(a): amended, on 26 September 2008, by section 26(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 23(1)(b): repealed, on 19 November 2007, by section 18(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 23(2): amended, on 26 September 2008, by section 26(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 23(2): amended, on 26 September 2008, by section 26(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 23(2)(c): amended, on 26 September 2008, by section 26(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 23(2)(c): amended, on 19 November 2007, by section 18(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 23(3): added, on 19 November 2007, by section 18(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 23(3): amended, on 26 September 2008, by section 26(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) If the Registrar receives notification from an overseas registry of a proposal to transfer New Zealand units or approved overseas units to an account in the Registry and the Registrar is satisfied that there is no discrepancy with the transaction, the Registrar must register the transaction in accordance with the notification.
(2) If the Registrar receives notification from an overseas registry of a proposal to transfer New Zealand units or approved overseas units to an account in the Registry and the Registrar is satisfied that there is a discrepancy with the transaction, the Registrar—
(a) may not register the transaction; and
(b) must terminate the transaction; and
(c) must notify the overseas registry of the termination.
(3) A transfer of New Zealand units or approved overseas units from an overseas registry is subject to any regulations made under this Act.
Section 23A: inserted, on 26 September 2008, by section 27 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A direction given by the Minister of Finance or an application for the registration of a transaction by an account holder must, as soon as practicable, be processed in the chronological order in which it is received by the Registrar.
(2) A direction or an application is received by the Registrar when it is recorded as being downloaded into the computer maintained to operate the unit register.
(3) Subsection (1) applies to an application for the registration of a transaction only if the application is completed to the satisfaction of the Registrar and in accordance with any regulations made under this Act.
Section 24(1): substituted, on 26 September 2008, by section 28(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 24(2): amended, on 19 November 2007, by section 19(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 24(3): added, on 26 September 2008, by section 28(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) If the unit register records a transaction inaccurately, and the inaccuracy is the result of an error or omission made by the Registrar when registering the transaction, then a request to correct the inaccuracy may be submitted by—
(a) the Minister of Finance, if the Registrar registered the transaction following receipt of a direction from the Minister of Finance; or
(b) the account holder who applied to register the transaction.
(2) The request—
(a) may be made at any time; and
(b) must specify—
(i) the inaccuracy; and
(ii) the correction required; and
(c) must be in the form, and accompanied by the fees (if any), prescribed in regulations made under this Act.
(3) If the Registrar is satisfied that the unit register is inaccurate in any respect, the Registrar may—
(a) correct the unit register accordingly; and
(b) record on the unit register—
(i) the nature of the correction; and
(ii) the time that the correction was made; and
(c) give notification of the correction, as soon as practicable, to—
(i) any person whom the Registrar considers to be affected by the correction; and
(ii) the international transaction log (if required to do so); and
(iii) an overseas registry (if required to do so).
Section 25: substituted, on 19 November 2007, by section 20 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 25(1): substituted, on 26 September 2008, by section 29(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 25(3): amended, on 26 September 2008, by section 29(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 25(3)(c)(ii): substituted, on 26 September 2008, by section 29(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 25(3)(c)(iii): substituted, on 26 September 2008, by section 29(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Except as provided in section 13, the unit register must be open at all times for searches by a person via the Registry's Internet site.
(2) The Registrar is not required to make publicly available any information that is not listed in section 27.
Section 26(1): amended, on 19 November 2007, by section 21 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 26(2): added, on 26 September 2008, by section 30 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The following information must be accessible by a search of the unit register:
(a) the following up-to-date information for each account:
(i) the name of the account holder; and
(ii) the type of account; and
(iii) the account number; and
(iv) the full name, mailing address, telephone number, fax number, and email address of any primary representatives of the account holder; and
(b) a list of account holders; and
(c) the relevant commitment period of any—
(i) general cancellation account or retirement account; and
(ii) long-term certified emission reduction replacement account or temporary certified emission reduction replacement account; and
(d) any other information prescribed in regulations made under this Part.
(2) The following information must be made accessible by a search of the unit register, and be available by 31 January in each year, in a form that shows the relevant totals at the end of the previous year:
(a) the total holdings of Kyoto units in the Registry; and
(b) the total holdings of assigned amount units, emission reduction units, certified emission reduction units, long-term certified emission reduction units, temporary certified emission reduction units, and removal units in the Registry; and
(c) the total quantity of New Zealand units issued during that year; and
(d) the total quantity of New Zealand units transferred for each removal activity during that year; and
(e) the total holdings of New Zealand units in the Registry; and
(f) the total holdings of approved overseas units in the Registry; and
(g) the total holdings of each type of approved overseas units in the Registry; and
(h) the total quantity of assigned amount units issued on the basis of New Zealand’s initial assigned amount during that year; and
(i) the total quantity of emission reduction units issued on the basis of a joint implementation project during that year; and
(j) the following information in relation to units transferred to the Registry from overseas registries during that year:
(i) the total quantity of units transferred; and
(ii) the total quantity of each type of unit transferred; and
(iii) the identity of the transferring overseas registries, including the total quantity of—
(A) units transferred from each overseas registry; and
(B) each type of unit transferred from each overseas registry; and
(k) the following information in relation to units transferred from the Registry to overseas registries during that year:
(i) the total quantity of units transferred; and
(ii) the total quantity of each type of unit transferred; and
(iii) the identity of the acquiring overseas registries, including the total quantity of—
(A) units transferred to each overseas registry; and
(B) each type of unit transferred to each overseas registry; and
(l) the total quantity of units transferred between holding accounts in the Registry during that year; and
(m) the total quantity of each type of unit transferred between holding accounts in the Registry during that year; and
(n) the total quantity of removal units issued in relation to sink activities during that year; and
(o) the total quantity of Kyoto units transferred to the sink cancellation account during that year; and
(p) the total quantity of Kyoto units transferred to the non-compliance cancellation account during that year; and
(q) the total quantity of units transferred to the general cancellation account during that year; and
(r) the total quantity of Kyoto units retired during that year; and
(s) the total quantity of units surrendered during that year; and
(t) the total quantity of each type of unit surrendered during that year; and
(u) the following information in relation to New Zealand units transferred to the conversion account during that year:
(i) the total quantity of New Zealand units converted; and
(ii) the total quantity of New Zealand units converted for the purpose of transferring designated assigned amount units to—
(A) an account in an overseas registry; or
(B) the general cancellation account; and
(v) the total quantity of assigned amount units, certified emission reduction units, and emission reduction units carried-over from a previous commitment period during that year; and
(w) the expiry date of each long-term certified emission reduction unit and each temporary certified emission reduction unit held in the Registry.
(3) The following information must be accessible by a search of the unit register in a form that shows the relevant totals at the beginning of the previous year:
(a) the total holdings of Kyoto units in each holding account in the Registry (including any holding account held by the Crown); and
(b) the total holdings of assigned amount units, emission reduction units, certified emission reduction units, long-term certified emission reduction units, temporary certified emission reduction units, and removal units in each holding account in the Registry (including any holding account held by the Crown).
Section 27: substituted, on 26 September 2008, by section 31 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
A person may, by using the form and paying the fees (if any) prescribed by regulations made under this Act, search the unit register, and obtain a printed search result, in accordance with this Act and any regulations made under this Act.
Section 28: substituted, on 14 November 2006, by section 23 of the Climate Change Response Amendment Act 2006 (2006 No 59).
A printed search result, or a copy of a printed search result, that purports to be issued by the Registrar is receivable as evidence and is, in the absence of evidence to the contrary, proof of any matter recorded in the unit register, including (but not limited to)—
(a) the ownership of units; and
(b) the date and time of the registration of a transaction; and
(c) information that the Registry holds.
Section 29: substituted, on 14 November 2006, by section 23 of the Climate Change Response Amendment Act 2006 (2006 No 59).
(1) A fee that is not paid in accordance with regulations made under this Part may be recovered from the person liable to pay the fees by the chief executive in any court of competent jurisdiction.
(2) The chief executive may enter into any agreement or arrangement, on any terms that the chief executive thinks fit, with any person to collect, or assist in the collection of, any fees that are payable.
Section 30(1): amended, on 26 September 2008, by section 32(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 30(1): amended, on 26 September 2008, by section 32(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 30(2): amended, on 26 September 2008, by section 32(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
No action may be brought against the Crown or the Registrar for any loss or damage resulting from—
(a) an inaccuracy in a search of the unit register; or
(b) an inaccurate entry or omission in the unit register if the inaccuracy or omission arises from reasonable reliance on information received by the Registrar from—
(i) the international transaction log; or
(ia) an overseas registry; or
(ib) a third party; or
(ii) an account holder.
Section 30A: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 30A heading: amended, on 26 September 2008, by section 33(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 30A(b)(i): amended, on 26 September 2008, by section 33(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 30A(b)(ia): inserted, on 26 September 2008, by section 33(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 30A(b)(ib): inserted, on 26 September 2008, by section 33(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Heading: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).
(1) A long-term certified emission reduction unit expires at the end of the last crediting period for the clean development mechanism project to which it relates.
(2) A person who holds a long-term certified emission reduction unit in a retirement account or a long-term certified emission reduction replacement account must replace that unit before it expires by transferring one of the following units to the long-term certified emission reduction replacement account:
(a) an assigned amount unit; or
(b) a certified emission reduction unit; or
(c) an emission reduction unit; or
(d) a removal unit.
(3) Thirty days before a long-term certified emission reduction unit in a retirement account or a long-term certified emission reduction replacement account expires, the Registrar must notify in writing the person who holds that unit that it is due to expire and must be replaced.
(4) If a long-term certified emission reduction unit is not held in a retirement account or a long-term certified emission reduction replacement account, the Registrar must transfer that unit to the general cancellation account when that unit expires.
(5) If subsection (4) applies, then section 18C(3) does not apply.
Section 30B: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).
(1) A person who holds a long-term certified emission reduction unit must replace that unit in accordance with this section if the designated operating entity of the relevant clean development mechanism project—
(a) provides a certification report that indicates a reversal of net anthropogenic greenhouse gas removals by sinks since the previous certification; or
(b) does not provide a certification report.
(2) If subsection (1) applies,—
(a) each identified long-term certified emission reduction unit, as notified by the executive board, must be replaced by one of the following units:
(i) assigned amount units; or
(ii) certified emission reduction units; or
(iii) emission reduction units; or
(iv) removal units; or
(v) long-term certified emission reduction units from the same clean development mechanism project; and
(b) the Registrar must notify in writing the person who holds the affected long-term certified emission reduction unit.
(3) A person notified under subsection (2)(b) must replace the affected long-term certified emission reduction unit within 30 days of receiving the notice.
(4) Sections 354 to 361 of the Property Law Act 2007 apply, with all necessary modifications, to any notice required under subsection (2)(b).
Section 30C: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 30C(4): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
(1) A temporary certified emission reduction unit expires at the end of the subsequent commitment period that immediately follows the relevant commitment period.
(2) A person who holds a temporary certified emission reduction unit in a retirement account or a temporary certified emission reduction replacement account must replace that unit before it expires by transferring one of the following units to the temporary certified emission reduction replacement account:
(a) an assigned amount unit; or
(b) a certified emission reduction unit; or
(c) an emission reduction unit; or
(d) a removal unit; or
(e) a temporary certified emission reduction unit that is due to expire in a subsequent commitment period.
(3) Thirty days before a temporary certified emission reduction unit in a retirement account or a temporary certified emission reduction replacement account expires, the Registrar must notify in writing the person who holds that unit that it is due to expire and must be replaced.
(4) If a temporary certified emission reduction unit is not held in a retirement account or a temporary certified emission reduction replacement account, the Registrar must transfer that unit to the general cancellation account when that unit expires.
(5) If subsection (4) applies, then section 18C(3) does not apply.
Section 30D: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Heading: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) An account holder may apply to the Registrar to convert a New Zealand unit held by that person into a designated assigned amount unit held for the purposes of transferring that assigned amount unit to—
(a) an account in an overseas registry; or
(b) the general cancellation account.
(2) An account holder who applies to convert any New Zealand units into designated assigned amount units for either purpose specified in subsection (1) must—
(a) submit the prescribed form to the Registrar specifying the New Zealand units that the account holder wishes to convert; and
(b) submit an application under section 18C for the transfer of an equivalent number of designated assigned amount units (into which the account holder is converting the New Zealand units) to—
(i) an account in an overseas registry; or
(ii) the general cancellation account; and
(c) pay the prescribed fee (if any).
(3) Upon receipt of an application under subsection (2) the Registrar must, as soon as practicable,—
(a) transfer the New Zealand units specified in the application from the account holder’s account to the conversion account; and
(b) transfer to the account holder’s account an equivalent number of designated assigned amount units; and
(c) subject to section 21(3), register the transaction applied for under subsection (2)(b).
(4) If the Registrar receives notification from the international transaction log under section 21(3) that there are discrepancies in the transaction relating to the application submitted under subsection (2)(b), the Registrar must—
(a) comply with section 21(3); and
(b) reverse the transfers in subsection (3)(a) and (b).
(5) For the purposes of this section, designated assigned amount unit means an assigned amount unit that—
(a) was issued by the Registrar on the basis of New Zealand’s initial assigned amount; and
(b) is held by the Crown in a Crown holding account.
Section 30E: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) This section applies to any New Zealand units referred to in section 71(2)(b)(ii) that are allocated in accordance with an allocation plan made under section 79 that relates to those units.
(2) Despite anything in section 18C or 30E, the Registrar may not transfer any New Zealand units to which this section applies to a surrender account or a conversion account until—
(a) 1 January 2013; or
(b) any later date specified in the allocation plan.
(3) If the activity listed in Part 1 of Schedule 3 is repealed, the Minister of Finance may issue a direction to the Registrar under section 7 to transfer from any holding account to a cancellation account any New Zealand units to which this section applies.
Section 30F: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for any or all of the following purposes:
(a) prescribing procedures and requirements relating to any powers of the Minister of Finance under subpart 1 of this Part:
(b) prescribing matters, including (but not limited to) limitations, restrictions, conditions, exemptions, requirements, or prohibitions, in respect of—
(i) the transfer of units, including (but not limited to)—
(A) the transfer of units from an account holder’s holding account to an account in an overseas registry:
(B) the transfer of units within the unit register:
(C) the transfer of units from an overseas registry:
(D) prohibitions on the transfer of units for the purposes of holding those units in an account in the Registry:
(ii) the opening or closing of holding accounts:
(c) prescribing matters in respect of the holding, surrender, conversion, and cancellation of units, including (but not limited to) limitations, restrictions, conditions, exemptions, requirements, procedures, or thresholds:
(d) prescribing matters in respect of the carry-over of assigned amount units, certified emission reduction units, and emission reduction units, including (but not limited to) limitations, restrictions, conditions, exemptions, requirements, procedures, or thresholds:
(e) prescribing procedures, requirements, and other matters in respect of the unit register and its operation, including, but not limited to, matters relating to—
(i) access to the unit register:
(ii) the location of the unit register:
(iii) the hours of access to the unit register:
(iv) the format of unique numbers to be used in the unit register:
(v) the allocation of unique serial numbers to New Zealand units and approved overseas units:
(vi) the exchange of data between—
(A) the Registry and overseas registries:
(B) the Registry and the international transaction log:
(vii) the registration of transactions:
(viii) the form and content of the unit register:
(f) prescribing matters in respect of which fees are payable under this Part, the amounts of those fees, and the procedures for payment:
(g) prescribing procedures, requirements, and other matters in respect of the form, use, and manner of obtaining electronic verification statements to confirm a registration:
(h) prescribing procedures, requirements, and other matters in respect of searching the unit register, including, but not limited to,—
(i) the criteria by which a search may be conducted:
(ii) the method of disclosure:
(iii) the form of search results:
(iv) the abbreviations, expansions, or symbols that may be used in search results:
(i) prescribing forms and notices for the purposes of this Part:
(j) prescribing, for the purpose of the definition of overseas registry, overseas registries from which and to which units may be transferred to and from accounts in the Registry:
(k) prescribing the units issued by an overseas registry that may be transferred to accounts in the Registry:
(l) prescribing procedures for transactions involving approved overseas units:
(m) prescribing matters in respect of the taking of possession of an emissions unit for the purposes of section 18(1A)(b) of the Personal Property Securities Act 1999:
(n) in respect of this Part, giving effect to the terms of the Convention and the Protocol, including any decisions, rules, guidelines, principles, measures, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved in accordance with the Convention or the Protocol:
(o) providing for the matters that are contemplated by, or necessary for, giving full effect to this Part and for its due administration.
(2) Regulations made under subsection (1) may be made in respect of different units, transactions, persons, classes of units, subclasses of units, classes of transactions, or classes of persons.
(3) Any regulation made under subsection (1)(b)(i) or (c) does not apply to the transfer of units that are held in an account in the Registry at the time that the regulation comes into force.
(4) Any regulations made under subsection (1) must be consistent with the Convention and the Protocol.
Section 30G: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Before making a recommendation under section 30G(1) relating to regulations under section 30G(1)(b)(i), (c), (d), (j) or (k), the Minister must consult, or be satisfied that the chief executive has consulted, the persons (or representatives of those persons) that appear to the Minister or the chief executive likely to be substantially affected by any regulations made in accordance with the recommendation.
(2) The process for consultation must, to the extent practicable in the circumstances, include—
(a) giving adequate and appropriate notice of the proposed terms of the recommendation, and of the reasons for it; and
(b) the provision of a reasonable opportunity for interested persons to consider the recommendation and make submissions; and
(c) adequate and appropriate consideration of submissions.
(3) Unless subsection (4) applies or a later date is specified in the regulations, regulations referred to in this section come into force 3 months after the date of their notification in the Gazette.
(4) Subsections (1) and (3) do not apply in respect of any regulations if the Minister considers it is in the national interest that they be made urgently.
(5) A failure to comply with this section does not affect the validity of regulations made under section 30G(1)(b)(i), (c), (d), (j), or (k).
Section 30H: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The following written material may be incorporated by reference in regulations made under section 30G:
(a) decisions, rules, guidelines, principles, measures, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved by any international or national organisation in accordance with the Convention or the Protocol; and
(b) any standards, requirements, or recommended practices—
(i) of any international or national organisation that are adopted, agreed on, made, or approved in accordance with the Convention or the Protocol:
(ii) prescribed in any country or jurisdiction that are adopted, agreed on, made, or approved in accordance with the Protocol.
(2) Material may be incorporated by reference in regulations—
(a) in whole or in part; and
(b) with modifications, additions, or variations specified in the regulations.
(3) Material incorporated by reference in regulations has legal effect as part of the regulations.
(4) Sections 170 to 177 apply to material incorporated by reference into regulations under section 30G as though all references to sections 163 to 165, 167, and 168 were references to section 30G and all references to the chief executive were references to the Registrar.
Section 30I: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Every person who signs a declaration that is required under regulations made under section 30G, knowing the declaration to be false,—
(a) commits an offence; and
(b) is liable on conviction to a fine not exceeding $5,000.
Section 30J: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Every person who knowingly provides false or misleading information to the Registrar commits an offence and is liable on conviction to a fine not exceeding,—
(a) in the case of an individual, $50,000:
(b) in the case of a body corporate, $200,000.
(2) Every person who recklessly provides false or misleading information to the Registrar commits an offence, and is liable on conviction to a fine not exceeding $2,000.
Section 30K: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Part 3 heading: inserted, on 26 September 2008, by section 35 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
For the purposes of this subpart, despite anything in section 4, greenhouse gas means a gas in the earth's atmosphere that strongly absorbs and re-emits infrared radiation, and includes indirect greenhouse gases, but does not include a gas that is covered by the Montreal Protocol on Substances that Deplete the Ozone Layer.
(1) The primary functions of the inventory agency are to—
(a) estimate annually New Zealand's human-induced emissions by sources and removals by sinks of greenhouse gases; and
(b) prepare the following reports for the purpose of discharging New Zealand's obligations:
(i) New Zealand's annual inventory report under Article 7.1 of the Protocol, including (but not limited to) the quantities of long-term certified emission reduction units and temporary certified emission reduction units that have expired or have been replaced, retired, or cancelled; and
(ii) New Zealand's national communication (or periodic report) under Article 7.2 of the Protocol and Article 12 of the Convention; and
(iii) New Zealand's report for the calculation of its initial assigned amount under Article 7.4 of the Protocol, including its method of calculation.
(2) In carrying out its functions, the inventory agency must—
(a) identify source categories; and
(b) collect data by means of—
(i) voluntary collection; and
(ii) collection from government agencies and other agencies that hold relevant information; and
(iii) collection in accordance with regulations made under this Part (if any); and
(c) estimate the emissions and removals by sinks for each source category; and
(d) undertake assessments on uncertainties; and
(e) undertake procedures to verify the data; and
(f) retain information and documents to show how the estimates were determined.
Section 32(1)(b)(i): amended, on 14 November 2006, by section 25 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 32(2)(b)(iii): amended, on 26 September 2008, by section 36 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The inventory agency must comply with any direction from the Minister in relation to the performance of its functions under this Part.
(2) As soon as practicable after giving the direction, the Minister must make a copy of the direction accessible via the inventory agency's Internet site.
Section 33 heading: amended, on 26 September 2008, by section 37(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 33(1): amended, on 26 September 2008, by section 37(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 33(1): amended, on 26 September 2008, by section 37(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 33(2): amended, on 26 September 2008, by section 37(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 33(2): amended, on 14 November 2006, by section 26 of the Climate Change Response Amendment Act 2006 (2006 No 59).
The inventory agency must keep a record of changes that occur from year to year in—
(a) the collection of data; and
(b) the use of methodologies and emission factors.
The inventory agency must publish New Zealand's annual inventory report and its national communication (or periodic report) in electronic form by placing the report on a publicly accessible portion of the inventory agency's Internet site.
Section 35: substituted, on 1 August 2003, by section 27 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Heading: substituted, on 26 September 2008, by section 38 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Minister may authorise the following persons, provided that they are suitably qualified and trained, to exercise any or all of the powers of, and carry out any or all of the duties of an inspector under this Part:
(a) employees of the inventory agency; or
(b) employees of the Ministry of Agriculture and Forestry and employees of any other department of the public service prescribed by regulation; or
(c) employees of New Zealand Forest Research Institute Limited, Landcare Research New Zealand Limited, New Zealand Pastoral Agriculture Research Institute Limited, and employees of any other Crown Research Institute (within the meaning of the Crown Research Institutes Act 1992) prescribed by regulation.
(2) An authorisation is subject to the terms and conditions that are agreed to by the Minister and the chief executive of the agency that employs the person authorised to be an inspector.
(3) The Minister must supply an inspector with a warrant of authorisation that clearly states the powers and duties of that inspector.
(4) An inspector who exercises, or purports to exercise, a power conferred on that inspector under this Part must carry and be able to produce, if required to do so,—
(a) his or her warrant of authorisation; and
(b) evidence of his or her identity.
(5) An inspector who holds a warrant of authorisation issued under this section must, on the termination of that inspector's authorisation, surrender his or her warrant of authorisation to the Minister.
Section 36(1): amended, on 26 September 2008, by section 39(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 36(1): amended, on 26 September 2008, by section 39(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 36(2): amended, on 26 September 2008, by section 39(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 36(3): amended, on 26 September 2008, by section 39(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 36(4): amended, on 26 September 2008, by section 39(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 36(5): amended, on 26 September 2008, by section 39(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) For the purposes of collecting information to assist with the estimation of New Zealand's human-induced emissions by sources and removals by sinks of greenhouse gases, an inspector may, if authorised in writing by the Minister, enter or re-enter land, or premises where any livestock are likely to be held, excluding any dwellinghouse, at any reasonable time during the ordinary hours of business, to—
(a) carry out surveys, investigations, tests, or measurements (including those that involve leaving measuring equipment on the land or premises):
(b) take samples of water, air, soil, or organic matter.
(2) To avoid doubt, the authorisation given by the Minister may be for a series of surveys, investigations, tests, measurements, or samples.
(3) Reasonable notice, in writing, must be given to the occupier (if any) of the land or premises to be entered that specifies—
(a) when, and by what means, entry is to be made; and
(b) the purpose for which entry is required; and
(c) that the entry is authorised under this section.
(4) Reasonable effort must be made to give notice under subsection (3) to the owner or owners of the land or premises.
(5) If the owner or owners are not given notice, reasonable effort must be made to identify any wāhi tapu areas and archaeological sites on the land by other means.
(6) An inspector who exercises the power of entry under this section may use any assistance that is reasonably necessary to exercise the power.
(7) A person who provides assistance under subsection (6) may exercise the powers provided to inspectors under subsection (1).
Section 37(1): amended, on 26 September 2008, by section 40 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 37(2): amended, on 26 September 2008, by section 40 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
The Minister may only authorise an inspector to exercise the power of entry under section 37 if satisfied that the information sought—
(a) requires specific technical expertise to collect; and
(b) cannot reasonably be obtained from the occupier or owner of the land or premises.
Section 38: amended, on 26 September 2008, by section 41 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) An inspector authorised in writing by the inventory agency may enter land or premises (excluding any dwellinghouse) at any reasonable time during the ordinary hours of business, for the purpose of inspection, to determine whether or not a person is complying with regulations made under section 50(2)(a), (c), (e), or (f).
(2) During an inspection, an inspector may—
(a) require the production of, inspect, and copy any documents or business records (including electronic documents or records):
(b) take samples of water, air, soil, or organic matter:
(c) carry out surveys, investigations, tests, or measurements (including those that involve leaving measuring equipment on the land or premises):
(d) demand from the occupier any other information that the inspector may reasonably require for the purpose of determining whether or not regulations made under section 50(2)(a), (c), (e), or (f) have been complied with.
(3) An inspector who exercises the power of inspection under this section must give the occupier or owner reasonable notice of the inspector's intention to enter the land or premises unless doing so would defeat the purpose of the entry.
(4) A notice given under subsection (3) must specify—
(a) when entry is to be made; and
(b) the purpose for which the entry is required; and
(c) that the entry is authorised under this section.
(5) An inspector who exercises the power of inspection under this section may be accompanied by any person or persons reasonably necessary to assist him or her with the inspection.
(6) A person who provides assistance under subsection (5) may exercise the powers provided to inspectors under subsection (2)(a) to (c).
(7) Nothing in this section limits the privilege against self-incrimination.
(1) A District Court Judge who, on written application made on oath by an inspector authorised by the inventory agency, is satisfied that there are reasonable grounds to believe that there are in or on or under or over any land, premises, or dwellinghouse any documents or other records or things (including samples) for which there are reasonable grounds to believe may be evidence of the commission of an offence under section 46 may issue a warrant authorising the entry and search of that land, premises, or dwellinghouse.
(2) Every search warrant must authorise the inspector executing the warrant to—
(a) enter and search the land, premises, or dwellinghouse within 30 working days of the date of the warrant at any time that is reasonable in the circumstances during the ordinary hours of business; and
(b) require the production, inspection, and copying of documents or business records (including electronic documents or records); and
(c) demand from the occupier any other information that the inspector may reasonably require for the purpose of determining whether or not the regulations made under section 50(2) have been complied with; and
(d) seize any documents or business records that the inspector has reasonable cause to suspect may be evidence of the commission of an offence under section 46; and
(e) take samples of water, air, soil, or organic matter; and
(f) use any assistance that is reasonably necessary in the circumstances; and
(g) use any force to enter (whether by breaking doors or otherwise) that is reasonable in the circumstances.
(3) An inspector may not enter a dwellinghouse unless that inspector is accompanied by a constable.
(4) A person who provides assistance under subsection (2)(f) may exercise the powers provided to inspectors under subsection (2)(a), (b), (d), (e), and (g).
(5) Nothing in this section limits the privilege against self-incrimination.
Section 40(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Despite anything in sections 37, 39, and 40, an inspector may not enter a defence area (within the meaning of section 2(1) of the Defence Act 1990), except in accordance with a written agreement between the inventory agency and the Chief of Defence Force on the date or dates specified in that agreement.
If powers are exercised under section 37 or section 39 or section 40, an inspector must, on initial entry, and if asked by the occupier at any time afterward, produce for inspection that inspector's—
(a) warrant of authorisation and evidence of his or her identity; and
(b) written authorisation to enter required under section 37 or section 39 or a search warrant required under section 40.
(1) If, when powers are exercised under section 37 or section 39 or section 40, the occupier is not present at the time that the written authorisation or search warrant is executed, and notice is not given to the owner or owners under section 37 or section 39, the inspector must, in a prominent place, attach a written notice that shows—
(a) the date and time of the entry or search; and
(b) the purpose of the entry or search; and
(c) the name and phone number of that inspector; and
(d) an address at which enquiries may be made.
(2) If the inspector removes, or has removed, any documents or business records from any land, premises, or dwellinghouse, the inspector must hand to the occupier, or attach in a prominent place, a notice that—
(a) lists all of the items taken; and
(b) states where those items are being held (and, if they are being held in 2 or more places, state which items are being held in which place); and
(c) states the procedure that the person must follow to have those items returned.
No document, business record, or other information obtained from a person under section 39 or section 40 is admissible against that person in any criminal or civil proceedings, other than proceedings for an alleged breach of regulations made under section 50(2).
Section 199 of the Summary Proceedings Act 1957 applies, with the necessary modifications, to any property seized or taken by an inspector as if—
(a) references in that section to a constable were references to an inspector; and
(b) the reference in that section to section 198 of that Act were a reference to section 39 or section 40 of this Act.
No inspector or person called upon to assist an inspector who does an act or omits to do an act when carrying out a duty, performing a function, or exercising a power conferred on that person by this Part is under any civil or criminal liability in respect of that act or omission unless the person has acted or omitted to act in bad faith or without reasonable cause.
Section 45A: inserted, on 26 September 2008, by section 42 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Every person who fails, without reasonable excuse, to provide the information to the inventory agency required under regulations made under section 50(2)—
(a) commits an offence; and
(b) is liable on conviction to a fine not exceeding,—
(i) in the case of an individual, $5,000; or
(ii) in the case of a body corporate, $30,000.
Every person—
(a) commits an offence who—
(i) wilfully obstructs, hinders, resists, or deceives a person exercising a power conferred on that person under this Part or regulations made under this Part; or
(ii) wilfully interferes with any survey, investigation, test, or measurement carried out by an inspector under this Part; or
(iii) refuses to provide information that an inspector has demanded from that person under section 39(2)(d) or section 40(2)(c), except on the grounds of self-incrimination; and
(b) is liable on conviction to a fine not exceeding,—
(i) in the case of an individual, $5,000; or
(ii) in the case of a body corporate, $30,000.
Section 47 heading: amended, on 26 September 2008, by section 43(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 47(a)(i): amended, on 26 September 2008, by section 43(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 47(a)(ii): amended, on 26 September 2008, by section 43(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Every person who signs a declaration that is required by regulations made under section 50, knowing the declaration to be false,—
(a) commits an offence; and
(b) is liable on conviction to a fine not exceeding $5,000.
Section 48 heading: amended, on 26 September 2008, by section 44 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
[Repealed]
Section 48A: repealed, on 26 September 2008, by section 45 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
For the purpose of reporting to the Secretariat under the Convention and the Protocol, the Minister responsible for the administration of this Act may, as and when the Minister thinks fit, direct the inventory agency or the Registrar to provide reports and information to the Minister or directly to the Secretariat.
Section 49: amended, on 26 September 2008, by section 46 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
(a) [Repealed]
(b) prescribing agencies whose employees may act as inspectors under section 36, being—
(i) a Department of the Public Service listed in Schedule 1 of the State Sector Act 1988; or
(ii) a Crown Research Institute within the meaning of the Crown Research Institutes Act 1992:
(c) [Repealed]
(ca) [Repealed]
(d) [Repealed]
(e) [Repealed]
(f) [Repealed]
(g) [Repealed]
(h) [Repealed]
(i) prescribing forms and notices for the purposes of this Part:
(j) for the purposes of, and subject to, Part 2, giving effect to the terms of the Convention and the Protocol, including any decisions, rules, guidelines, principles, measures, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved in accordance with the Convention or the Protocol:
(k) providing for the matters that are contemplated by, or necessary for, giving full effect to this Part and for its due administration.
(2) If recommended by the Minister, the Governor-General may, by Order in Council, make regulations requiring persons to keep and provide information to the inventory agency for the purpose of estimating New Zealand's human-induced emissions by sources and removals by sinks of greenhouse gases on any or all of the following:
(a) emissions of greenhouse gases into the atmosphere from industrial or trade premises:
(b) volumes of fuel produced, distributed, sold, or used, and the nature of the use of that fuel:
(c) industrial processes, including by-products from industrial processes:
(d) composition of vehicle fleets and use of vehicles, including, but not limited to, distances travelled:
(e) imports and exports of hydrofluorocarbons, perfluorocarbons, and sulphur hexafluoride:
(f) imports, exports, manufacture, sales, and the nature of the use of products that contain hydrofluorocarbons, perfluorocarbons, and sulphur hexafluoride:
(g) waste composition and weight, dimensional characteristics of landfills, and volume of landfill gases extracted and combusted:
(h) numbers of ruminants and other farmed livestock and their performance:
(i) areas of crops and amounts produced:
(j) amount of nitrogenous and lime fertilisers used:
(k) native and planted trees, the amount of harvesting, the area of land in scrub, and the area of land in other land uses that are necessary to determine land use change under Article 3.3 or Article 3.4 of the Protocol.
(3) If recommended by the Minister, the Governor-General may, by Order in Council, make regulations requiring persons to provide to the inventory agency information that the person holds on any matter specified in subsection (2) for any year from 1989 to the current reporting year.
(4) Regulations made under subsection (2) may specify the manner and form in which records must be kept and provided, including specifying that those records must be declared as true, the form of that declaration, and who must sign that declaration.
(5) Regulations made under subsection (1) or (2) may be made in respect of different persons or classes of persons.
(6) For the purposes of subsection (5), classes of persons includes local authorities.
(7) Any regulations made under this section must be consistent with—
(a) this Act; and
(b) the Convention; and
(c) the Protocol.
Section 50(1)(a): repealed, on 26 September 2008, by section 47(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(c): repealed, on 26 September 2008, by section 47(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(ca): repealed, on 26 September 2008, by section 47(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(d): repealed, on 26 September 2008, by section 47(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(e): repealed, on 26 September 2008, by section 47(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(f): repealed, on 26 September 2008, by section 47(6) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(g): repealed, on 26 September 2008, by section 47(7) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(h): repealed, on 26 September 2008, by section 47(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(i): amended, on 26 September 2008, by section 47(9) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(k): amended, on 26 September 2008, by section 47(10) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(2): amended, on 26 September 2008, by section 47(11) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(3): amended, on 26 September 2008, by section 47(11) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(5): substituted, on 26 September 2008, by section 47(12) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The following written material may be incorporated by reference in regulations made under section 50:
(a) decisions, rules, guidelines, principles, measures, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved by any international or national organisation in accordance with the Convention or the Protocol; and
(b) any standards, requirements, or recommended practices—
(i) of any international or national organisation that are adopted, agreed on, made, or approved in accordance with the Convention or the Protocol:
(ii) prescribed in any country or jurisdiction that are adopted, agreed on, made, or approved in accordance with the Protocol.
(2) Material may be incorporated by reference in regulations—
(a) in whole or in part; and
(b) with modifications, additions, or variations specified in the regulations.
(3) Material incorporated by reference in regulations has legal effect as part of the regulations.
(4) Sections 170 to 177 apply to material incorporated by reference into regulations under section 50 as though all references to sections 163 to 165, 167, and 168 were references to section 50 and all references to the chief executive were references to the inventory agency.
Section 51: substituted, on 26 September 2008, by section 48 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Before regulations are made under section 50(2) or (3), the inventory agency must provide a report to the Minister on—
(a) whether or not the information to be collected under the regulations is reasonably available to the inventory agency by other means, including, but not limited to,—
(i) voluntary collection; or
(ii) collection from a government agency that holds the information (provided that the release of the information by that government agency complies with the principles of the Privacy Act 1993 and any provisions of the enactment under which the information was collected); and
(b) any deficiencies with collecting the information using those other means, including, but not limited to,—
(i) deficiencies in obtaining the required quality of information; and
(ii) the lack of certainty that all the required information can be provided; and
(c) whether or not the regulations are likely to place a disproportionate burden on any particular group of persons.
(2) When preparing a report under subsection (1), the inventory agency must consult any person or government agency that is likely to be affected by the proposed regulations.
(3) With respect to a report prepared under subsection (1), the Minister—
(a) must have regard to the report and to the results of consultation; and
(b) may make, as he or she thinks fit, recommendations to the Governor-General to make regulations under section 50(2) or (3).
(4) The Minister may not recommend the making of regulations under section 50(2) and (3) unless he or she is satisfied, on reasonable grounds, that the regulations are necessary to assist New Zealand to meet its obligations under the Convention or the Protocol.
Section 52 heading: amended, on 26 September 2008, by section 49(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 52(1): amended, on 26 September 2008, by section 49(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 52(3): amended, on 26 September 2008, by section 49(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 52(4): amended, on 26 September 2008, by section 49(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Amendment(s) incorporated in the Act(s).
Part 4: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Subpart 1: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A person is a participant,—
(a) in respect of an activity listed in Schedule 3, if the person—
(i) is required under section 180 or 204 to be treated as the person carrying out the activity; or
(ii) if subparagraph (i) does not apply, carries out the activity; and
(b) in relation to an activity listed in Schedule 4, if the person—
(i) carries out the activity, is registered as a participant under section 57 in respect of the activity, and that registration has taken effect; or
(ii) becomes a participant under section 192 or 193 in respect of the activity and is not removed from the register in respect of that activity.
(2) Any reference in this Part or Part 5 to a person or participant carrying out an activity must be read as referring to the person who is to be treated under section 180 or 204 as carrying out the activity, or if those sections do not apply, to the person or participant carrying out the activity.
(3) Subsection (1)(a) is subject to any exemption under an Order in Council made under section 60.
(4) A person who was a participant under subsection (1) continues to be a participant for the purposes of this Act in respect of any obligations, or entitlements under section 64, arising in respect of an activity listed in Schedule 3 or 4 that the person carried out while a participant.
(5) The chief executive must ensure that the registers, or the information contained in the registers, kept for the purposes of section 56 or 57 are open for public inspection, without fee, on the Internet site of the department of the chief executive, and in any other form that the chief executive considers appropriate.
Section 54: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) This section applies if an activity listed in Schedule 3 has a threshold below or above which a person becomes a participant.
(2) If this section applies, persons who are associated persons are to be treated as 1 person for the purpose of determining whether the threshold is met.
(3) If a threshold for an activity listed in Schedule 3 is met by associated persons, each of the associated persons—
(a) is to be treated as carrying out the activity for the purposes of this Act; and
(b) may elect to comply with this Part and Part 5 as a—
(i) participant in relation to the activity; or
(ii) a person engaged in a joint activity in accordance with section 157; or
(iii) a member of a consolidated group under section 150, if the associated person qualifies to be a member of a consolidated group.
Section 55: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A person who carries out an activity listed in Schedule 3 must—
(a) notify the chief executive that the person is a participant in respect of the activity; and
(b) if the person does not already have a holding account—
(i) apply to open a holding account under section 18A at the time the person notifies the chief executive under paragraph (a); and
(ii) supply the account number of the holding account, or ensure that the account number of the holding account is supplied, to the chief executive within 10 working days of receiving the account number from the Registrar.
(2) A notice under subsection (1)(a) must—
(a) be submitted to the chief executive within 20 working days of the person becoming a participant in respect of the activity; and
(b) be in the prescribed form; and
(c) contain—
(i) the name of the person; and
(ii) the details of the activity that the person carries out; and
(iii) any other information that the chief executive may require; and
(iv) if the person already has 1 or more holding accounts, the account number of the holding account that the person wishes to use for the purpose of section 61(1).
(3) The chief executive must, as soon as practicable after receiving a notice under subsection (1)(a),—
(a) enter on a register kept by the chief executive for the purpose of this section—
(i) the name of the person; and
(ii) the activity that the person carries out; and
(b) notify the person that the person’s name and the activity the person carries out have been entered on the register.
(4) If the chief executive receives a notice under subsection (1)(a) from a person whose name is already on the register kept in accordance with subsection (3), the chief executive need not re-enter the person’s name on the register, but must enter next to the person’s name the activity that is specified in the notice, and notify the person that the activity has been entered on the register next to the person's name.
Section 56: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A person who carries out an activity listed in Schedule 4, or who will do so at the time that the person’s registration takes effect, may apply to be registered as a participant in respect of the activity by application to the chief executive in accordance with subsection (2).
(2) An application under subsection (1) must—
(a) be in the prescribed form; and
(b) be accompanied by—
(i) any information that the chief executive may require; and
(ii) the prescribed fee (if any); and
(c) if the person already has 1 or more holding accounts, contain the account number of the holding account that the person wishes to use for the purpose of section 61(1).
(3) Any person who does not have a holding account at the time the person submits an application under subsection (1) must—
(a) apply to open a holding account under section 18A at the time the person submits the application; and
(b) supply the account number of the holding account to the chief executive within 10 working days of receiving an account number from the Registrar.
(4) Following the receipt of an application under subsection (1), the chief executive must register the person in accordance with subsections (5) and (7) if satisfied that the person—
(a) in respect of the activity listed in Schedule 4 specified in the application—
(i) is carrying out the activity in the year in which the chief executive receives the application; or
(ii) will carry out the activity in the year in which the person’s registration will take effect in accordance with subsection (8); and
(b) has met any conditions of registration in respect of the activity in this Part or Part 5.
(5) The chief executive registers a person by entering on a register kept by the chief executive for the purpose of this section—
(a) the name of the applicant; and
(b) the activity carried out by the applicant; and
(c) the date from which the applicant’s registration as a participant in respect of the activity will take effect in accordance with subsection (8).
(6) After registering a person under subsection (5), the chief executive must notify the following persons that the person has been registered as a participant in respect of the activity and the date from which the registration will take effect:
(a) the applicant; and
(b) by notice issued on the same date as the notice to the applicant, any other persons required to be notified under section 188(6)(a), 198(2)(a), 209(2)(a), or 213(2)(a), as the case may require.
(7) If the chief executive receives an application under subsection (1) in respect of an activity listed in Part 2, 3, 4, or 5 of Schedule 4, then the chief executive must, within 20 working days of receiving the application,—
(a) decline the application; or
(b) register the applicant under subsection (5), unless the chief executive requires further information from the applicant in order to satisfy himself or herself that the person is carrying out the activity specified in the application, in which case the chief executive must either register the person within 20 working days of receiving the further information or decline the application.
(8) The registration of a person takes effect from the date the person’s name is entered on the register under subsection (5) or any later date required by section 198(2)(b), 209(2)(b), or 213(2)(b).
(9) If the chief executive receives an application under subsection (1) from a person whose name is already on the register kept in accordance with subsection (5), and registers the person in respect of the activity specified in the application, the chief executive need not re-enter the person’s name on the register, but must enter next to the person’s name the activity that is specified in the application, and notify the person that the activity has been entered on the register next to the person's name.
Section 57: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A person who is registered under section 57 as a participant in respect of an activity listed in Schedule 4 may apply to have that person’s name removed from the register in respect of the activity by application to the chief executive in accordance with subsection (2).
(2) An application under subsection (1) must—
(a) be in the prescribed form; and
(b) be accompanied by the prescribed fee (if any).
(3) Following receipt of an application under subsection (1), the chief executive must—
(a) note on the register—
(i) that the applicant has applied to be removed from the register as a participant in respect of the activity; and
(ii) the date on which the applicant’s name is to be removed in accordance with subsection (4); and
(b) notify the applicant of the date on which the applicant’s name was, or is to be, removed from the register in accordance with subsection (4); and
(c) notify, by notice issued on the same date as the notice to the applicant under paragraph (b), any other persons required to be notified under section 188(7)(a)(i), 198(3)(a), 209(3)(a), or 213(3)(a), as the case may require,—
(i) that the applicant has applied to have the applicant’s name removed from the register as a participant in respect of the activity; and
(ii) the date that the applicant’s name was, or is to be, removed in accordance with subsection (4).
(4) The chief executive must remove the name of an applicant under subsection (1) from the register in respect of the activity specified in the application immediately or on any later date required by section 188(7)(a)(ii), 198(3)(b), 209(3)(b), or 213(3)(b).
Section 58: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A person who is registered under section 56 or 57 in respect of an activity listed in Schedule 3 or 4 must notify the chief executive as soon as practicable if the person ceases, or will cease, to carry out the activity.
(2) The chief executive must, after receiving notice under subsection (1), or otherwise being satisfied that the person has ceased to carry out the activity,—
(a) remove the name of the person from the register in respect of the activity immediately or, if the notice specifies that the person will cease the activity on a future date, on that date; and
(b) notify the person, and any other person specified in section 188(7)(a)(i), 198(3)(a), 209(3)(a), or 213(3)(a), as the case may require, that the person’s name—
(i) has been removed from the register in respect of the activity; or
(ii) if the person’s name will be removed from the register in respect of the activity on a future date, that the person’s name will be removed from the register in respect of the activity on that date.
(3) This section is subject to sections 200, 211, and 215.
Section 59: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, exempt any person or class of persons carrying out an activity listed in Schedule 3 from being a participant under this Act in respect of—
(a) an activity; or
(b) part of an activity; or
(c) a proportion of the emissions from an activity; or
(d) a combination of the matters specified in paragraphs (a) to (c).
(2) Before recommending the making of an order under subsection (1), the Minister must be satisfied that—
(a) the order will not materially undermine the environmental integrity of the greenhouse gas emissions trading scheme established under this Act; and
(b) the costs of making the order do not exceed the benefits of not making the order.
(3) In determining whether to recommend the making of an order under subsection (1), the Minister must have regard to the following matters:
(a) the need to maintain the environmental integrity of the greenhouse gas emissions trading scheme established under this Act; and
(b) the desirability of minimising any compliance and administrative costs associated with the greenhouse gas emissions trading scheme established under this Act; and
(c) the relative costs of giving the exemption or not giving it, and who bears the costs; and
(d) any alternatives that are available for achieving the objectives of the Minister in respect of giving the exemption; and
(e) any other matters the Minister considers relevant.
(4) While an order made under this section is in force, any person or class of persons in respect of whom the order is made is not required to comply with the obligations imposed on participants under this Part and Part 5 in respect of the matters covered by the order.
(5) Before recommending the making or revocation of an order under this section, the Minister must—
(a) consult with persons that the Minister considers are likely to be substantially affected by the making of the order; and
(b) give those persons the opportunity to make submissions; and
(c) consider those submissions.
(6) Despite anything in subsection (2) or (3), the Minister may make a recommendation for the making of an order under subsection (1) in respect of a person with whom the Crown has signed a negotiated greenhouse agreement if—
(a) the negotiated greenhouse agreement was signed before 31 December 2005; and
(b) the order relates to an activity of the person that is covered by the negotiated greenhouse agreement; and
(c) the order is in force for a period not exceeding the term of the negotiated greenhouse agreement, including any extension of the term made in accordance with the agreement.
(7) The Minister is not required to comply with subsection (5) before recommending the making of an order under subsection (1) in respect of a person with whom the Crown has signed a negotiated greenhouse agreement.
(8) A failure to comply with subsection (5) does not affect the validity of any order made.
Section 60: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A participant must have a holding account for the purpose of—
(a) surrendering units as required under this Part and Part 5; and
(b) receiving New Zealand units to which the participant becomes entitled under this Part or Part 5.
(2) Despite anything in subsection (1), a person who does not have a holding account at the time the person becomes a participant complies with subsection (1) if the person complies with section 56(1)(b) or 57(3), as the case may require.
(3) Despite anything in this Act, the Registrar must, subject to section 18A(5), open a holding account in the name of a person—
(a) who applies to open a holding account in accordance with section 56(1)(b) or 57(3); and
(b) whose name has been entered on a register kept for the purposes of section 56 or 57.
Section 61: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
A participant must, in respect of each activity listed in Schedule 3 or 4 that is carried out by the participant in a year,—
(a) collect the prescribed data or other prescribed information (which data or information must, if required by regulations made under this Act, be verified by a person or organisation recognised by the chief executive under section 92); and
(b) calculate the emissions and the removals from the activity in accordance with the methodologies prescribed in regulations made under this Act; and
(c) if required by regulations made under this Act, have the calculations verified by a person or organisation recognised by the chief executive under section 92; and
(d) keep records of the data or information and calculations in the prescribed format (if any).
Section 62: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A participant is liable to surrender 1 unit for each whole tonne of emissions from each activity listed in Schedule 3 or 4 that the participant carries out,—
(a) as calculated in accordance with this Act; and
(b) at the times required under this Act.
(2) If a participant is liable to surrender units under this Act, the participant must make an application under section 18C to transfer the required number of units from the participant’s holding account to a surrender account designated by the chief executive.
Section 63: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A participant is entitled to receive 1 New Zealand unit for each whole tonne of removals from the participant’s removal activities, as calculated in accordance with this Act.
(2) If a participant is entitled to receive New Zealand units, the chief executive must notify the Minister of Finance of—
(a) the number of New Zealand units to which the participant is entitled; and
(b) the details of the participant’s holding account.
(3) As soon as practicable after receiving notification under subsection (2), the Minister of Finance must direct the Registrar to transfer the number of New Zealand units to which the participant is entitled to the participant’s holding account.
(4) Subject to subsection (5), if a participant submits an emissions return to the chief executive containing an assessment of the participant’s entitlement to receive New Zealand units, the chief executive must, within 20 working days of receiving the emissions return, notify the Minister of Finance under subsection (2) of the number of New Zealand units contained in the assessment.
(5) Subsection (4) does not apply if, within 20 working days of the chief executive receiving the emissions return, the chief executive or an enforcement officer has served notice on the participant under section 94 requiring the participant to provide information in respect of any matter contained in the emissions return.
Section 64: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Between 1 January and 31 March in each year, a participant must submit an annual emissions return to the chief executive in respect of each of the activities listed in Schedule 3 or Part 2, 3, 4, or 5 of Schedule 4 that the participant carried out in the immediately preceding year.
(2) The annual emissions return must, in respect of activities that the participant carried out during the year covered by the return,—
(a) record the participant’s activities; and
(b) record the participant’s emissions and removals as calculated and, if required, as verified under section 62(b) and (c); and
(c) contain an assessment of the participant’s—
(i) liability to surrender units in respect of the participant’s emissions; and
(ii) entitlement to receive New Zealand units for the participant’s removals; and
(d) be accompanied by such other information as may be prescribed; and
(e) be accompanied by the prescribed fee (if any); and
(f) be signed by the participant.
(3) The participant must submit the annual emissions return under subsection (1) by submitting it in the prescribed manner and format.
(4) Following the submission of an annual emissions return under subsection (1), a participant must, by 30 April, surrender the number of units listed in the participant’s assessment under subsection (2)(c)(i).
(5) A participant who carries out an activity listed in Part 1 of Schedule 4 must submit emissions returns as set out in section 189(2).
Section 65: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Despite anything in this Act, a person who is a participant in respect of an activity listed in Part 2 of Schedule 4 may, within 20 working days after the following dates, submit an emissions return that complies with subsection (2):
(a) 31 March:
(b) 30 June:
(c) 30 September.
(2) An emissions return referred to in subsection (1) must—
(a) only relate to activities listed in Part 2 of Schedule 4 in respect of which the person is a participant; and
(b) in respect of each activity covered by the return, be in respect of the period—
(i) commencing on the later of—
(A) the day the person became a participant in respect of the activity; or
(B) the day after the end of the period covered by the participant’s last emissions return in respect of the activity; and
(ii) ending on a date specified in subsection (1); and
(c) contain the information specified in section 65(2) in respect of the period covered by the return; and
(d) be submitted in accordance with section 65(3).
(3) Despite anything in section 65, the annual emissions return of a participant who has submitted a return for an activity under this section in any year must cover only the part of the year not covered by a return under this section.
Section 66: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) A participant must keep sufficient records to enable the chief executive to verify, in respect of any year in which the participant carries or carried out an activity listed in Schedule 3 or 4,—
(a) the activities carried out by the participant; and
(b) the emissions and removals from those activities as calculated and, if required, as verified under section 62(b) and (c); and
(c) the participant’s assessment of the participant’s—
(i) liability to surrender units; and
(ii) entitlement to receive New Zealand units; and
(d) any other information contained in an emissions return submitted by the participant.
(2) The records specified in subsection (1) must—
(a) include the records specified in section 62(d); and
(b) in the case where they relate to an activity listed in Part 1 of Schedule 3 or 4, be retained for a period of at least 20 years after the end of the year to which they relate; and
(c) in every other case, be retained for a period of at least 7 years after the end of the year to which they relate.
Section 67: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Subpart 2: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
In this subpart,—
determination means a determination made by the Minister under section 82(7)(b)
draft determination means a draft determination made by the Minister under section 82(4)
eligible land means pre-1990 forest land other than land that has been declared to be exempt land under section 183 or 184
eligible person means a person who meets any requirements specified in this subpart, and in an allocation plan, for receiving an allocation of New Zealand units free of charge
existing determination means an existing—
(a) determination; or
(b) new determination
new determination means a determination made by the Minister under section 84
person includes a person or class of persons or, if the context requires, a person representing a class of persons
revoked determination means an existing determination that has been revoked.
Section 68: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Subject to subsection (2), the Minister may, at any time, direct the Registrar to issue New Zealand units into a Crown holding account.
(2) Before giving a direction, the Minister must—
(a) consult with the Minister of Finance; and
(b) have regard to the following matters:
(i) the number of units that New Zealand has received, or that the Minister expects New Zealand to receive, under any international agreement; and
(ii) New Zealand's international obligations, including any obligation to retire units equal to the number of tonnes of emissions that are emitted in New Zealand; and
(iii) the proper functioning of the greenhouse gas emissions trading scheme established under this Act; and
(iv) any other matters that the Minister considers relevant; and
(c) if there is no subsequent commitment period specified or determined under the Protocol or no successor international agreement to the Protocol, have regard to the following matters:
(i) New Zealand’s annual emissions for the 5 years (on record) prior to the year of the direction under consideration; and
(ii) the report of the most recent review completed under section 160(1); and
(iii) New Zealand’s obligations under the Convention (if any); and
(iv) New Zealand’s anticipated future international obligations.
(3) The Registrar must give effect to a direction given by the Minister under subsection (1).
(4) As soon as practicable after giving a direction under subsection (1), the Minister must—
(a) publish a copy of the direction in the Gazette; and
(b) make a copy of the direction accessible via the Internet site of the department of the chief executive responsible for the administration of this Act; and
(c) present a copy of the direction to the House of Representatives.
(5) The copies of the direction under subsection (4) must be accompanied by a statement setting out how the Minister has had regard to the matters specified in subsection (2)(b) and (c).
Section 69: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Minister must recommend that the Governor-General make an Order in Council containing notification of the Crown's intentions to issue and sell or allocate free of charge New Zealand units at least 9 months before the end of each of the following periods:
(a) the first commitment period and each subsequent commitment period (if any); and
(b) if there is no subsequent commitment period,—
(i) the 5-year period commencing on 1 January 2013; or
(ii) each subsequent 5-year period after the period specified in subparagraph (i).
(2) The notification contained in the Order in Council made under subsection (1) must include—
(a) the number of New Zealand units that will be issued under section 69; and
(b) the time frames for issuance of New Zealand units under section 69; and
(c) the intended time frame for any allocation of New Zealand units free of charge, or the sale of New Zealand units and the method of sale.
(3) A copy of the report under section 160(4) must be presented to the House of Representatives before an Order in Council may be made under this section.
(4) The Minister must make a copy of any Order in Council made under subsection (1) accessible via the Internet site of the department of the chief executive responsible for the administration of this Act.
(5) The Crown is not bound by the notification contained in any Order in Council made under subsection (1) to make any decisions in relation to the issuance, sale, or allocation free of charge of New Zealand units.
Section 70: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Minister must exercise his or her powers under this subpart to ensure that an allocation plan that provides for the matters in this section and section 78(2) is in force for the period from 1 January 2008 to 31 December 2021.
(2) The matters that an allocation plan must provide for are—
(a) an allocation of New Zealand units free of charge to—
(i) landowners, or former landowners, of eligible land who are eligible persons; or
(ii) a person appointed in accordance with section 72 to hold any New Zealand units allocated in respect of the eligible land covered in paragraph (c)(i)(A); and
(b) a total number of New Zealand units available for allocation free of charge under the allocation plan consisting of—
(i) 21 million New Zealand units in the period from 1 January 2008 to 31 December 2012, reduced by 1 New Zealand unit for each tonne of emissions that the Minister estimates will result from the activities specified in subsection (5) in that period; and
(ii) 34 million New Zealand units in the period from 1 January 2013 to 31 December 2021, reduced by 1 New Zealand unit for each tonne of emissions that the Minister estimates will result from the activities specified in subsection (5) in that period; and
(c) an allocation of New Zealand units free of charge consisting of—
(i) 18 New Zealand units for each hectare of eligible land that was Crown forest licence land on 1 January 2008 and—
(A) will not have been transferred to iwi as part of a Treaty of Waitangi settlement by the date on which the allocation plan is issued; or
(B) has been, or will have been, transferred to iwi as part of a Treaty of Waitangi settlement either on or after 1 January 2008 but before the date on which the allocation plan is issued:
(ii) 39 New Zealand units for each hectare of eligible land that was transferred to the landowner, or former landowner, of the land—
(A) after 31 October 2002; or
(B) prior to 1 November 2002 if, since that date, ownership of any body corporate owning the land has changed in the manner and to the extent specified in the allocation plan:
(iii) for any hectare of eligible land not covered in subparagraph (i) or (ii), the number of New Zealand units calculated in accordance with the following formula:
 |
where
A is the number of units for each hectare of eligible land not covered in subparagraph (i) or (ii)
B is the total number of New Zealand units available for allocation under subsection (2)(b)
C is the total number of New Zealand units to be allocated in accordance with subparagraph (i) and (ii)
D is the number of hectares of eligible land not covered in subparagraph (i) or (ii).
(3) In addition to the matters provided for in subsection (2), an allocation plan—
(a) must also specify the manner in which, and the extent to which, the ownership of any body corporate owning eligible land must have changed for the purposes of subsection (2)(c)(ii)(B); and
(b) may specify, for the purposes of subsection (7), a date or event other than the settlement date upon which any or all eligible land is to be treated as transferred for the purposes of this section.
(4) Despite subsection (2)(c), the allocation plan must treat any Crown forest licence land transferred pursuant to the Te Uri o Hau Claims Settlement Act 2002 as if it were eligible land covered by subsection (2)(c)(iii).
(5) For the purposes of subsection 2(b)(i) and (ii), the activities are—
(a) deforestation on exempt land; and
(b) deforestation of 2 hectares or less of pre-1990 forest land for which no obligation to surrender units is imposed under this Act.
(6) An allocation plan that provides for the matters in this section may—
(a) provide for the New Zealand units referred to in subsection (2)(b)(ii) to be allocated at any time; and
(b) specify dates before which some or all of those New Zealand units may not be surrendered or converted by any person.
(7) For the purposes of this section, eligible land is to be treated as transferred on the settlement date, unless the allocation plan specifies another date or event upon which any or all eligible land is to be treated as transferred.
(8) For the purposes of this section, Crown forest licence land means eligible land subject to a Crown forestry licence under section 14 of the Crown Forest Assets Act 1989.
Section 71: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Minister must, prior to making a determination in respect of eligible land covered by section 71(2)(c)(i)(A), by notice in the Gazette,—
(a) appoint a person to—
(i) apply for an allocation of New Zealand units in respect of the land; and
(ii) hold on trust for the future owners of the land any New Zealand units allocated in respect of the land; and
(b) determine—
(i) the structure, composition, and functions of the person; and
(ii) the terms and conditions upon which the person is to hold the New Zealand units.
(2) If the Minister has not appointed a person in accordance with subsection (1) prior to issuing a notice under section 82(1) inviting persons to apply for an allocation of New Zealand units under an allocation plan providing for the matters in section 71, then the Minister must, by notice in the Gazette, appoint a person to apply for an allocation of New Zealand units in respect of the land covered by section 71(2)(c)(i)(A) on behalf of the person to be appointed under subsection (1).
Section 72: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Minister must exercise his or her powers under this subpart to ensure that an allocation plan that provides for the matters in this section and section 78(2) is in force for each of the following periods—
(a) the first commitment period:
(b) each subsequent commitment period, but expiring no later than 31 December 2029:
(c) if there is no subsequent commitment period,—
(i) the 5-year period commencing on 1 January 2013; or
(ii) each subsequent 5-year period after the period specified in subparagraph (i), but expiring no later than 31 December 2029.
(2) The matters that an allocation plan must provide for are—
(a) an allocation of New Zealand units free of charge to persons who—
(i) the Minister considers are likely to be trade-exposed; and
(ii) meet any tests or thresholds that are specified in the allocation plan; and
(iii) in any year or years specified in the allocation plan—
(A) are participants in respect of an activity listed in Part 4 of Schedule 3 or Part 4 of Schedule 4, unless the person does not face any obligations under section 63 in respect of the emissions from the activity in any year for which the allocation plan is in force; or
(B) as a result of the obligations imposed by this Act on participants who carry out an activity listed in Part 3 of Schedule 3, face increased costs in respect of the person's direct use of coal, natural gas, or geothermal steam, direct combustion of any used oil or waste oil for the purpose of generating electricity or industrial heat, or direct consumption of electricity; and
(b) if the allocation plan is in force in any year from 1 January 2010 to 31 December 2018, a total number of New Zealand units available for allocation free of charge under the allocation plan, in each year that the allocation plan is in force, consisting of—
(i) 90 New Zealand units for each 100 tonnes of emissions that the Minister is satisfied resulted from the persons specified in paragraph (a)—
(A) carrying out any activity listed in Part 4 of Schedule 3 in 2005:
(B) directly using any coal, natural gas, or geothermal steam in 2005:
(C) directly combusting any used oil or waste oil for the purpose of generating electricity or industrial heat in 2005; and
(ii) a number of New Zealand units that the Minister is satisfied is sufficient to compensate the persons specified in paragraph (a) for 90% of the electricity cost increase that the Minister estimates those persons would face, due to the obligation imposed by this Act on participants to surrender units, in the period for which the allocation plan is in force, as if those persons purchased and consumed the same amount of electricity per year in that period as those persons did in 2005; and
(c) if the allocation plan is in force in any year from 1 January 2019 to 31 December 2029, a total number of New Zealand units available for allocation free of charge under the allocation plan that is equal to eleven-twelfths of N in 2019, and then declining in each subsequent year at a linear rate to reach a number equal to one-twelfth of N in 2029, where N equals the total number of New Zealand units available for allocation under paragraph (b) in 2018; and
(d) the matters that the Minister must have regard to when considering if a person is likely to be trade-exposed, including (but not limited to)—
(i) whether the person competes with a firm or firms that operate from outside New Zealand in respect of—
(A) products the person sells into the New Zealand market; or
(B) products the person exports into overseas markets; and
(ii) if the person does compete with firms that operate from outside New Zealand, whether the person—
(A) faces higher costs in respect of the person’s emissions than the firm or firms with which the person competes face in respect of their emissions; and
(B) is unable to pass-on some or all of the person’s costs due to the competition the person faces.
(3) If, after 31 December 2018, a person becomes eligible for an allocation of New Zealand units in accordance with an allocation plan providing for the matters in this section, the allocation plan may provide for the matters in subsection (2)(c) as if the person had been eligible for an allocation of New Zealand units in accordance with an allocation plan providing for the matters in this section that was in force in 2018.
(4) Nothing in subsection (3) entitles a person who becomes an eligible person after 31 December 2018 to an allocation of New Zealand units free of charge in any year before the year in which the person becomes an eligible person.
Section 73: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Minister must establish a fund (the Innovation Fund) for the purpose of facilitating deployment of innovative technology that significantly reduces or avoids, or has the potential to significantly reduce or avoid, greenhouse gas emissions from the industrial sector, or a part of the industrial sector.
(2) The Innovation Fund consists of the New Zealand units allocated to it in accordance with subsection (4).
(3) The Minister—
(a) must ensure that there is an Innovation Fund for the period from 1 January 2010 to 31 December 2012; and
(b) may, following the completion of a review under section 160(1), continue the Innovation Fund for—
(i) any subsequent commitment period following the first commitment period; or
(ii) if there is no subsequent commitment period following the first commitment period,—
(A) the 5-year period commencing on 1 January 2013; or
(B) any subsequent 5-year period after the period specified in subsubparagraph (A); and
(c) must disestablish the Innovation Fund no later than 31 December 2029.
(4) An allocation plan—
(a) must provide for 150,000 of the New Zealand units available for allocation under the plan in each year from 1 January 2010 to 31 December 2012 to be allocated to the Innovation Fund; and
(b) may, if the Innovation Fund is continued after 31 December 2012, provide for any number of New Zealand units available for allocation under the plan to be allocated to the Innovation Fund.
(5) The Minister may make grants of New Zealand units from the Innovation Fund.
(6) Grants under subsection (5) must be made available on a contestable basis—
(a) to persons who meet the requirements of section 73(2)(a)(i) and—
(i) meet the requirements of section 73(2)(a)(iii), but are not receiving an allocation of New Zealand units in accordance with an allocation plan; or
(ii) carry out an activity listed in Part 4 of Schedule 3 or Part 4 of Schedule 4, but are not receiving an allocation of New Zealand units in accordance with an allocation plan in respect of that activity; or
(iii) face cost increases in respect of the matters referred to in section 73(2)(a)(iii)(B), but are not receiving an allocation of New Zealand units in accordance with an allocation plan in respect of those costs; and
(b) in accordance with any criteria the Minister considers appropriate.
(7) If in any year the number of New Zealand units in the Innovation Fund are not fully granted and the Innovation Fund—
(a) is to continue in the following year, the remaining New Zealand units may be granted under subsection (5) in any subsequent year in which the Innovation Fund is continued; or
(b) will not be continued in the following year, the remaining New Zealand units may be made available for allocation in accordance with an allocation plan that applies in that following year.
(8) In this section, allocation plan means an allocation plan providing for the matters in section 73.
Section 74: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Minister must exercise his or her powers under this subpart to ensure that an allocation plan that provides for the matters in this section and section 78(2) is in force for the period from 1 January 2011 to 31 December 2013.
(2) The matters that an allocation plan must provide for are—
(a) an allocation of New Zealand units free of charge to persons who—
(i) are or were fishing vessel operators in any year or years specified in the allocation plan; and
(ii) meet any tests or thresholds that are specified in the allocation plan; and
(b) a total number of New Zealand units available for allocation under the allocation plan calculated in accordance with the following formula:
A = 0.5 × B × 3
where—
(a) required to be registered under section 103 of the Fisheries Act 1996; and
(b) registered under that section in 2005.
(3) For the purposes of this section,—
fishing vessel has the same meaning as in section 2(1) of the Fisheries Act 1996
fishing vessel operator means the operator of a fishing vessel that is required to be registered under section 103 of the Fisheries Act 1996
operator, in relation to a fishing vessel, means the person who, by virtue of ownership, a lease, a sublease, a charter, a subcharter, or otherwise, for the time being has lawful possession and control of the fishing vessel.
Section 75: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) The Minister must exercise his or her powers under this subpart to ensure that an allocation plan that provides for the matters in this section and section 78(2) is in force for each of the following periods—
(a) the subsequent commitment period following the first commitment period (the second commitment period):
(b) each subsequent commitment period following the second commitment period, but expiring no later than 31 December 2029:
(c) if there is no second commitment period,—
(i) the 5-year period commencing on 1 January 2013; or
(ii) each subsequent 5-year period after the period specified in subparagraph (i), but expiring no later than 31 December 2029.
(2) The matters that an allocation plan must provide for are—
(a) an allocation of New Zealand units free of charge to—
(i) persons who—
(A) meet any tests or thresholds that are specified in the allocation plan; and
(B) subject to subsection (3), in any year or years specified in the allocation plan, are participants in respect of an activity listed in Part 5 of Schedule 3 or Part 5 of Schedule 4, or are not participants in respect of an activity listed in Part 5 of Schedule 3, but who farm, raise, grow, or keep ruminant animals, pigs, horses, or poultry for reward or for the purpose of trade in those animals or in animal material or animal products taken or derived from those animals, or who purchase, other than for on-selling, synthetic fertiliser containing nitrogen; or
(ii) bodies corporate or trusts representing the persons specified in subparagraph (i)(B); and
(b) if the allocation plan is in force in any year from 1 January 2013 to 31 December 2018, a total number of New Zealand units available for allocation free of charge under the allocation plan, in each year that the allocation plan is in force, consisting of 90 New Zealand units for each 100 tonnes of emissions that the Minister is satisfied resulted from the activities listed in Part 5 of Schedule 3 in 2005; and
(c) if the allocation plan is in force in any year from 1 January 2019 to 31 December 2029, a total number of New Zealand units available for allocation free of charge under the allocation plan that is equal to eleven-twelfths of N in 2019, and then declining in each subsequent year at a linear rate to reach a number equal to one-twelfth of N in 2029, where N equals the number of New Zealand units available for allocation under paragraph (b) in 2018.
(3) Despite subsection (2)(a)(i)(B), an allocation plan may only provide for an allocation of New Zealand units to one or the other, but not both, of the following persons:
(a) persons who are participants in respect of an activity listed in Part 5 of Schedule 3 or Part 5 of Schedule 4; or
(b) persons who are not participants in respect of an activity listed in Part 5 of Schedule 3, but who farm, raise, grow, or keep ruminant animals, pigs, horses, or poultry for reward or for the purpose of trade in those animals or in animal material or animal products taken or derived from those animals, or who purchase, other than for on-selling, synthetic fertiliser containing nitrogen.
Section 76: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 76(1): amended, on 1 July 2009, by section 8 of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
(1) An allocation plan may not provide for an allocation of New Zealand units free of charge to any person other than a person specified in sections 71 to 76.
(2) Nothing in this subpart requires—
(a) an allocation plan to provide for the allocation free of charge of the total number of New Zealand units available for allocation under the allocation plan; and
(b) the Minister, in making a determination, to allocate the total number of New Zealand units available for allocation under an allocation plan unless required to do so by the allocation plan.
(3) Despite section 71(2)(a), 73(2)(a), 75(2)(a), or 76(2)(a), a draft allocation plan, or an allocation plan,—
(a) is not required to specify—
(i) the identity of persons who are eligible to receive an allocation of New Zealand units; or
(ii) the amount of any person’s allocation; and
(b) may, in accordance with section 78(2) or 79(2)(b), specify the criteria, methodologies, and other things that the Minister must apply to make a determination specifying—
(i) the identity of each eligible person; and
(ii) the amount of each eligible person’s allocation.
Section 77: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) Before recommending that an allocation plan be issued, the Minister must prepare a draft allocation plan.
(2) Every draft allocation plan must specify—
(a) the period for which the allocation plan will apply; and
(b) any tests or thresholds that persons must meet to be eligible for an allocation of New Zealand units; and
(c) the criteria and methodologies to be included in the allocation plan that the Minister must apply to determine (if applicable)—
(i) the total number of New Zealand units available for allocation; and
(ii) the persons who are eligible for an allocation of New Zealand units; and
(iii) the total number of New Zealand units allocated to each eligible person; and
(iv) the year or years in which each eligible person will receive the New Zealand units allocated to them; and
(d) the principal reasons for the inclusion of the criteria and methodologies to be included in the allocation plan, including with reference to—
(i) where the allocation plan will provide for the matters specified in section 73 or 76, the general principles specified in section 81; and
(ii) where a review has been completed under section 160(1), any relevant recommendations of the most recently completed review; and
(e) the data and information, or the kind of data and information, that each eligible person must supply, and the form in which the person must supply the data and information, in order to—
(i) receive an allocation of New Zealand units free of charge; and
(ii) enable the Minister to verify that the person received the correct allocation of New Zealand units free of charge under the allocation plan; and
(f) in relation to an eligible person who receives an allocation of New Zealand units,—
(i) the records, or the kind of records, that the person must retain; and
(ii) the form in which the person must retain the records; and
(iii) the period for which the person must retain the records; and
(g) the policies, procedures, and provisions to be applied by the Minister under the allocation plan.
(3) The Minister must ensure that—
(a) public notice is given of any draft allocation plan; and
(b) the draft allocation plan is made available in hard copy at the office of, and is accessible via the Internet site of the department of, the chief executive responsible for the administration of this Act and at such other places as the Minister considers appropriate.
(4) The notice of a draft allocation plan given under subsection (3) must specify—
(a) how a hard copy of the draft allocation plan may be obtained; and
(b) that any person may make a submission on the draft allocation plan, how submissions may be made, and by what date (which must be no earlier than 40 working days after the date on which notice is given).
(5) If any submission is made on the draft allocation plan under subsection (4), the chief executive responsible for the administration of this Act must, after the expiry of the time for making submissions, prepare for the Minister a report that contains recommendations in respect of the submissions.
(6) The Minister must consider the report and recommendations made under subsection (5) and may make any changes to the draft allocation plan that the Minister thinks fit.
Section 78: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 78(3)(b): amended, on 1 July 2009, by section 9 of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
(1) The Governor-General may, by Order in Council made on the recommendation of the Minister, issue an allocation plan.
(2) The allocation plan must—