Reprint as at 20 May 2014

Climate Change Response Act 2002

Public Act2002 No 40
Date of assent18 November 2002
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for the Environment.


Contents

1 Title

Part 1
Preliminary provisions

2 Commencement

2A Application of Schedules 3 and 4

2B Orders in Council in relation to Part 5 of Schedule 3

2C Effect of Orders in Council in relation to Part 5 of Schedule 3

3 Purpose

3A Treaty of Waitangi (Te Tiriti o Waitangi)

4 Interpretation

5 Act binds the Crown

Part 2
Institutional arrangements

Subpart 1Ministerial powers

6 Minister of Finance may direct Registrar regarding establishment of Crown holding accounts and carry out trading activities with respect to units

6A Minister's power to sell by auction

7 Minister of Finance may give directions to Registrar regarding accounts and units

8 Registrar must give effect to directions of Minister of Finance

8A Minister of Finance must publish directions

9 Minister of Finance may obtain information from inventory agency and Registrar

Subpart 1AChief executive

9A Functions of chief executive

9B Delegation by chief executive

Subpart 2Registry

Purpose of Registry

10 Purpose of Registry

Registrar

11 EPA to appoint Registrar

12 Registrar responsible for Registry

13 Registrar may refuse access to, or suspend operation of, Registry

14 Registrar must give effect to directions

15 Registrar to allocate unique numbers

16 Carry-over of certain Kyoto units

17 Commitment period reserve

17A Power of Registrar to delegate

Unit register

18 Form and content of unit register

18A Opening holding accounts

18B Closing holding accounts

18C Transfer of units

18CA Effect of surrender, retirement, cancellation, and conversion

18CB Restriction on surrender of assigned amount units

18CC Restriction on surrender of assigned amount units issued during first commitment period

18CD Effect of surrendering restricted assigned amount units

18D Succession

18E Trusts, representatives, and assignees of bankrupts

19 Retirement of Kyoto units by the Crown

20 Transactions must be registered

21 Registration procedure for Kyoto units

21AA Registration procedure for New Zealand units and approved overseas units

21A Electronic registration

21B Defective applications

22 Transactions take effect when registered

23 Receiving Kyoto units from overseas registries

23A Receiving New Zealand units and approved overseas units from overseas registries

24 Priority of registration

25 Correction of unit register

26 Unit register must be open for search

27 Information accessible by search

28 Search of unit register

29 Printed search result receivable as evidence

30 Recovery of fees

30A The Crown or Registrar not liable in relation to searches in certain cases

Expiry of long-term certified emission reduction units and temporary certified emission reduction units

30B Expiry of long-term certified emission reduction units

30C Replacement of certain long-term certified emission reduction units

30D Expiry of temporary certified emission reduction units

Miscellaneous provisions

30E Conversion of New Zealand units into designated assigned amount units for sale overseas or cancellation

30F Restrictions on certain New Zealand units allocated to landowners of pre-1990 forest land

30G Regulations relating to Part 2

30GA Further provisions governing regulations made under section 30G(1)(p)

30GB Further provisions governing regulations made under section 30G(1)(q)

30H Procedure for certain regulations relating to units

30I Incorporation by reference in regulations made under section 30G

30J Signing false declaration with respect to regulations made under section 30G

30K Providing false or misleading information to Registrar

Part 3
Inventory agency

31 Meaning of greenhouse gas

32 Primary functions of inventory agency

33 Inventory agency under direction of Minister

34 Record keeping

35 Publication

Inspectors

36 Authorisation of inspectors

37 Power to enter land or premises to collect information to estimate emissions or removals of greenhouse gases

38 Limitation on power of entry under section 37

39 Power of entry for inspection

40 Applications for warrants

41 Entry of defence areas

42 Proof of authority must be produced

43 Notice of entry

44 Information obtained under section 39 or section 40 only admissible in proceedings for alleged breach of regulations made under section 50(2)

45 Return of items seized

45A Protection of persons acting under authority of this Part

Offences and penalties

46 Failing to provide required information to inventory agency

47 Obstructing, hindering, resisting, or deceiving person exercising power under Part

48 Signing false declaration in respect of regulations made under section 50

48A Providing false or misleading information to Registrar [Repealed]

Miscellaneous provisions

49 Reporting

50 Regulations

51 Incorporation by reference in regulations made under section 50

52 Inventory agency must report to Minister on certain matters before certain regulations are made

53 Consequential amendments

Part 4
New Zealand greenhouse gas emissions trading scheme

Subpart 1Participants

54 Participants

55 Associated persons

56 Registration as participant in respect of activities listed in Schedule 3

57 Applicant to be registered as participant in respect of activities listed in Schedule 4

58 Removal from register of participants in respect of activities listed in Schedule 4

59 Removal from register of participants in respect of activities listed in Schedules 3 and 4

60 Exemptions in respect of activities listed in Schedule 3

61 Requirement to have holding account

62 Monitoring of emissions and removals

63 Liability to surrender units to cover emissions

63A Modification of liability to surrender units to cover certain emissions

64 Entitlement to receive New Zealand units for removal activities

64A Modification of entitlement to receive New Zealand units for removal activities

65 Annual emissions returns

66 Quarterly returns for other removal activities

67 Retention of emissions records

Subpart 2Issuing and allocating New Zealand units

68 Issuing New Zealand units

69 Notification of intention regarding New Zealand units

Allocation of New Zealand units in relation to pre-1990 forest land and fishing

70 Governor-General may issue allocation plans

71 Correction of allocation plans

72 Allocation in respect of pre-1990 forest land

73 Minister to appoint person to hold certain New Zealand units

74 Allocation to owners of fishing quota

75 Consultation on pre-1990 forest land allocation plan

76 Consultation on fishing allocation plan

77 Determinations made in accordance with allocation plan

78 Power to revoke and replace determinations

79 Effect of new determination

Allocation of New Zealand units in relation to industry and agriculture

80 Criteria for allocation of New Zealand units to industry

81 Entitlement to provisional allocation for eligible industrial activities

82 Entitlement to allocation for eligible industrial activities where provisional allocation not received

83 Annual allocation adjustment

84 Closing allocation adjustment

84A Temporary suspension of allocation entitlement for eligible industrial activities

85 Allocation of New Zealand units in relation to agriculture

85A Temporary suspension of phase-out rates for assistance under sections 81, 83(2), and 85(2)

85B Temporary suspension of allocation entitlement for eligible agricultural activities

86 Applications for allocation of New Zealand units for industry and agriculture

86A Provisional allocation to industry in and after 2013

86B Decisions on applications for allocations of New Zealand units to industry and agriculture

86C Reconsideration of allocation decisions

86D Retention of records and materials in relation to allocation

86E Minister or EPA or chief executive may require further information for purpose of carrying out functions under subpart

86F Balance of units at end of true-up period or other balance date [Repealed]

Subpart 3Environmental Protection Authority

General administrative provisions

87 Functions of EPA

87A Delegation by EPA

88 Directions to EPA

89 EPA to publish certain information

90 EPA may prescribe form of certain documents

91 Approval of unique emissions factors

92 Recognition of verifiers

Verification and inquiry

93 Appointment of enforcement officers

94 Power to require information

95 Power to inquire

96 Inquiry before District Court Judge

97 No criminal proceedings for statements under section 95 or 96

98 Expenses in relation to inquiries

99 Obligation to maintain confidentiality

100 Power of entry for investigation

101 Applications for warrants

102 Proof of authority must be produced

103 Notice of entry

104 Information obtained under section 100 or 101 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5

105 Return of items seized

106 Protection of persons acting under authority of this Part

Emissions rulings

107 Applications for emissions rulings

108 Matters in relation to which EPA may decline to make emissions rulings

109 Making of emissions rulings

110 Notice of emissions rulings

111 Confirmation of basis of emissions rulings

112 Notifying EPA of changes relevant to or failure to comply with emissions rulings

113 Correction of emissions rulings

114 Cessation of emissions rulings

115 Appeal from decisions of EPA

116 Effect of emissions rulings

117 EPA may publish certain aspects of emissions rulings

Emissions returns

118 Submission of final emissions returns

119 Power to extend date for emissions returns

120 Amendment to emissions returns by EPA

121 Assessment if default made in submitting emissions return

122 Amendment or assessment presumed to be correct

123 Effect of amendment or assessment

124 Reimbursement of units by EPA

125 Repayment of units by persons in case of error

126 Obligation to surrender or repay units not suspended by review or appeal

127 Time bar for amendment of emissions returns

128 Amendments and assessments made by electronic means

Subpart 4Offences and penalties

129 Offences in relation to failure to comply with various provisions

130 Offence for breach of section 99

131 Offence for failure to provide information or documents

132 Other offences

133 Evasion or similar offences

134 Penalty for failing to surrender or repay units

134A Penalty for failing to surrender or repay units when required by notice given under section 134(3)

135 Reductions in penalty

136 Additional penalty for knowing failure to comply

137 Interest for late payment

138 Obligation to pay penalty not suspended by appeal

138A Penalties to be paid into Crown account

139 Liability of body corporate

140 Liability of directors and managers of companies

141 Liability of companies and persons for actions of director, agent, or employee

142 Limitation period for commencement of proceedings

143 Evidence in proceedings

Subpart 5Review and appeal provisions

144 Request for review of decisions

145 Right of appeal to District Court

146 Appeals to High Court on questions of law only

Subpart 6Miscellaneous provisions

147 Giving of notices by EPA

148 Giving of notices to EPA

149 Sharing information

150 Formation of consolidated group

151 Changes to consolidated groups

151A Addition of activities to consolidated groups

152 Nominated entities

153 Effect of being member of consolidated group

154 Emissions returns by consolidated group in respect of activities in Part 1 of Schedule 4

155 Ceasing to be member of consolidated group

156 Effect of ceasing to be member of consolidated group

156A Removal of activities from consolidated groups

157 Unincorporated bodies

157A Changes to unincorporated bodies that are participants

158 Compensation for participants where public works result in liability to surrender units

159 Recovery of costs

160 Review of operation of emissions trading scheme

161 Appointment and conduct of review panel

161A Regulations in relation to eligible industrial activities

161B Australian eligible industrial activities

161C Other eligible industrial activities

161D Power to require information for purposes of allocation to industry

161E Requirements in respect of notice given under section 161D

161F Consultation on activities that may be prescribed as eligible industrial activities

161G Regulations in relation to eligible agricultural activities

161H Power to request information showing output from eligible agricultural activities

162 Regulations adding further activity to Part 2 of Schedule 4

163 Regulations relating to methodologies and verifiers

164 Regulations relating to unique emissions factors

165 Regulations relating to offsetting of pre-1990 forest land [Repealed]

166 Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting

167 Regulations relating to fees and charges

168 Other regulations

169 Incorporation by reference in regulations made under section 163, 164, 167, or 168

170 Effect of amendments to, or replacement of, material incorporated by reference in regulations

171 Proof of material incorporated by reference

172 Effect of expiry of material incorporated by reference

173 Requirement to consult

174 Public access to material incorporated by reference

175 Application of Legislation Act 2012 to material incorporated by reference

176 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed]

177 Application of Standards Act 1988 not affected

178 Recovery of fees or charges

178A Option to pay money instead of surrendering units to cover emissions

178B Issuing New Zealand units to meet surrender obligations

178C Prohibition on ability to export New Zealand units

Part 5
Sector specific provisions

Subpart 1Forestry sector

General

179 Forest land to be treated as deforested in certain cases

179A Forest land may not be treated as deforested in certain cases

Pre-1990 forest land

180 Participant in respect of pre-1990 forest land

181 When deforestation to be treated as occurring in respect of pre-1990 forest land

182 Offsetting in relation to pre-1990 forest land [Repealed]

183 Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land

183A Certain applications not otherwise permitted by section 183

184 Exemptions for deforestation of land with tree weeds

185 Effect of exemption

186 Methodology for pre-1990 forest land cleared in 8 years or less

Pre-1990 offsetting forest land

186A Persons who own pre-1990 forest land may submit offsetting forest land applications to EPA

186B Criteria for approving offsetting forest land applications

186C Conditions applicable to offsetting forest land

186D Requirements relating to offsetting forest land

186E Deforesting pre-1990 offsetting forest land before usual rotation period of forest species on pre-1990 forest land

186F Regulations relating to offsetting

186G EPA may revoke approval in certain circumstances

186H Treatment of allocations in respect of pre-1990 forest land that is offset

186I Participant in respect of pre-1990 offsetting forest land

186J Methodology for pre-1990 offsetting forest land cleared after usual rotation period is completed

Post-1989 forest land

187 Conditions on registration as participant in respect of certain activities relating to post-1989 forest land

187A EPA to give public notice of criteria for assessing risk of tree weed spread

188 Registration as participant in respect of post-1989 forest land

188A Person ceases to be participant in respect of post-1989 forest land if natural event permanently prevents re-establishing forest on that land

189 Emissions returns for post-1989 forest land activities

190 Special rules regarding surrender of units in relation to post-1989 forest land

191 Ceasing to be registered as participant in respect of post-1989 forest land

192 Effect of transmission of interest in post-1989 forest land

193 Emissions returns in relation to transmitted interests

194 Information about status of forest land

Post-1989 forest land and pre-1990 forest land

195 Notification of status of forest land

Transitional provisions

196 First emissions return for pre-1990 forest land activities

196A Power to withdraw or suspend certain draft allocation plans [Repealed]

197 First emissions return for post-1989 forest land activities

Subpart 2Liquid fossil fuels sector

198 Registration as participant by purchasers of obligation fuel

199 Historical information sufficient to satisfy EPA

200 Effect of purchasing less than threshold level of obligation fuel

201 Effect of registration by purchasers of obligation fuel

202 Activities added to Part 2 of Schedule 3

203 Treatment of obligation fuels

Subpart 3Stationary energy sector

204 Participant with respect to mining coal or natural gas

205 Mining natural gas in exclusive economic zone and continental shelf

206 Obligation with respect to combusting used oil, waste oil, and waste

207 Obligation with respect to mining coal

208 Purchase of coal or natural gas from certain related companies of Part 3 of Schedule 3 participant

209 Registration as participant by purchasers of coal or natural gas

210 Historical information sufficient to satisfy EPA

211 Effect of purchasing less than threshold level of coal or natural gas

212 Effect of registration by purchasers of coal or natural gas

Subpart 4Agriculture

213 Participant in respect of subpart 4 of Part 5 of Schedule 3

214 Units not required to be surrendered for fertilisers embedded in products

215 Effect of purchasing or farming less than threshold level [Repealed]

216 Effect of registration by farmers [Repealed]

Subpart 5Transitional provisions

217 Transitional provision for penalties

218 Transitional provision for voluntary reporting

219 Transitional provision for mandatory reporting by certain participants

220 Transitional provision relating to unit entitlements for subpart 1 or 3 of Part 2 of Schedule 4 participants

221 Additional transitional provisions for Part 3 of Schedule 4 participants

222 Transitional provisions regarding regulations that replace existing unit register regulations

222A Transitional provision for liability to surrender units to cover emissions from activities relating to liquid fossil fuels, stationary energy, and industrial processes [Repealed]

222B Transitional provision for entitlement to receive New Zealand units for removal activities [Repealed]

222C Transitional provision permitting payment of money instead of surrender of units to cover emissions [Repealed]

222D Issuing New Zealand units to meet surrender obligation [Repealed]

222E Transitional provisions relating to reporting [Repealed]

222F Transitional provision for allocation to industry [Repealed]

222G Transitional provision regarding prohibition on ability to export New Zealand units [Repealed]

222H Transitional provision for unincorporated bodies

Part 6
Targets

223 Establishment of Household Fund [Repealed]

224 Gazetting of targets

225 Regulations relating to targets

Part 7
Synthetic greenhouse gas levy

226 Overview of functions and responsibilities of EPA and agencies under this Part, Customs and Excise Act 1996, and Land Transport Act 1998

Subpart 1Synthetic greenhouse gas levy

Levy imposed

227 Synthetic greenhouse gas levy imposed

228 Person who registers leviable motor vehicle responsible for paying levy

229 Importer of leviable goods must pay levy

230 Levies are debt due to the Crown

231 Penalties for failure to pay levy

232 Application of provisions of Customs and Excise Act 1996

Calculation of levy

233 Rate of synthetic greenhouse gas levy

234 Transitional provision for synthetic greenhouse gas levy

235 Temporary suspension of levy set by section 233

236 Maximum price of carbon for purpose of levy calculation

237 Levy rate exclusive of GST

238 Levy rate for period from 1 July 2013 to 31 December 2013

239 Levy rate to apply for single calendar year on and after 1 January 2014

Levies to be paid into Crown Bank Account

240 Agencies to pay levy into Crown Bank Account

Information

241 Agencies to provide information to EPA quarterly

242 Agencies and EPA to share information

243 Circumstances where levy may be refunded

244 Exemptions from payment of synthetic greenhouse gas levy

Regulations

245 Regulations specifying levy rates

246 Regulations relating to synthetic greenhouse gas levy

247 Process for making orders and regulations

Obligations of importers of leviable goods

248 Collecting information and keeping records

Subpart 2Administrative provisions and verification

249 Application of section 88 (Directions to EPA)

250 EPA to publish information relating to levies

251 Recognition of verifiers

252 Enforcement officers

253 Power to require information

254 Power to inquire

255 Inquiry before District Court Judge

256 Obligation to maintain confidentiality

257 Power of entry for investigation, warrants, etc

258 Regulations relating to verifiers

Subpart 3Offences and penalties

Offences relating to synthetic greenhouse gas levy

259 Offence in relation to failure to collect data and keep records

260 Failure to provide information or documents

261 Other offences

262 Offence for breach of confidentiality

263 Evasion

Offence in relation to release of synthetic greenhouse gases

264 Offence in relation to release of synthetic greenhouse gases

265 Defence for release of synthetic greenhouse gas

Proceedings and liability

266 Limitation period for commencement of proceedings

267 Evidence in proceedings

268 Liability of body corporate, directors, managers of companies, companies, and persons for actions of directors, agents, and employees

Subpart 4Other matters

269 Review of operation and effectiveness of levy

270 Appointment and conduct of independent panel

Schedule 1
United Nations Framework Convention on Climate Change

Schedule 2
Kyoto Protocol to the United Nations Framework Convention on Climate Change

Schedule 3
Activities with respect to which persons must be participants

Schedule 4
Activities with respect to which persons may be participants

Climate Change Response (Emissions Trading) Amendment Act 2008

Reprint notes