Reprint as at 1 July 2009

Climate Change Response Act 2002

Public Act	2002 No 40
Date of assent	18 November 2002
Commencement	see section 2

Note

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.

1 Title

Part 1
Preliminary provisions

2 Commencement

2A Application of Schedules 3 and 4

3 Purpose

4 Interpretation

5 Act binds the Crown

Part 2
Institutional arrangements

Subpart 1—Powers of Minister of Finance

6 Minister of Finance may carry out trading activities with respect to units

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 2—Registry

Purpose of Registry

10 Purpose of Registry

Registrar

11 Appointment of Registrar

12 Registrar responsible for Registry

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

14 Registrar must give effect to directions [Repealed]

15 Registrar to allocate unique numbers

16 Carry-over of certain Kyoto units

17 Commitment period reserve

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

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 1—Participants

54 Participants

55 Associated persons

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

57 Applications 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 Participants must have holding accounts

62 Monitoring of emissions and removals

63 Liability to surrender units to cover emissions

64 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 2—Issuance and allocation of New Zealand units

68 Interpretation

69 Issuance of New Zealand units

70 Notification of intention regarding New Zealand units

71 Allocation in respect of pre-1990 forest land

72 Minister to appoint person to hold certain New Zealand units

73 Allocation to industry

74 Establishment of Innovation Fund

75 Allocation to fishing vessel operators

76 Allocation to agriculture

77 Other matters with respect to allocation plans

78 Draft allocation plans

79 Governor-General may issue allocation plans

80 Correction and publication of allocation plans

81 Content of criteria and methodologies in allocation plans

82 Determinations made in accordance with allocation plan

83 Minister may require further information after determination made

84 New determination made in accordance with allocation plan

85 Effect of new determination

86 Balance of units at end of true-up period or other balance date

Subpart 3—Chief executive

General administrative provisions

87 Functions of chief executive

88 Directions to chief executive

89 Chief executive to publish certain information

90 Chief executive 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 by chief executive or District Court Judge

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 chief executive 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 chief executive 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 chief executive

116 Effect of emissions rulings

117 Chief executive 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 chief executive

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 chief executive

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 4—Offences and penalties

129 Strict liability offences

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

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

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 5—Review 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 6—Miscellaneous provisions

147 Giving of notices by chief executive

148 Giving of notices to chief executive

149 Sharing information

150 Formation of consolidated group

151 Changes 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

157 Joint activities

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

159 Chief executive must surrender or repay units for person who is in default or insolvent

160 Reviews of operation of emissions trading scheme

161 Appointment and conduct of review panel

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

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, 165, 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 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference

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

177 Application of Standards Act 1988 not affected

178 Recovery of fees or charges

Part 5
Sector specific provisions

Subpart 1—Forestry sector

General

179 Forest land to 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

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

184 Exemptions for deforestation of land with tree weeds

185 Effect of exemption

186 Methodology for pre-1990 forest land

Post-1989 forest land

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

188 Registration as participant in respect of post-1989 forest 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 Transfer of registration as participant in respect of 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

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

197 First emissions return for post-1989 forest land activities

Subpart 2—Liquid fossil fuels sector

198 Registration as participant by purchasers of jet fuel

199 Historical information sufficient to satisfy chief executive

200 Effect of purchasing less than the threshold level of obligation jet fuel

201 Effect of registration by purchasers of jet fuel

202 Activities added to Part 2 of Schedule 3

203 Treatment of obligation fuels

Subpart 3—Stationary 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 wholly owned subsidiary of Part 3 of Schedule 3 participant

209 Registration as participant by purchasers of coal or natural gas

210 Historical information sufficient to satisfy chief executive

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 4—Agriculture

213 Registration as participants by persons carrying out activities listed in Part 5 of Schedule 4

214 Historical information sufficient to satisfy chief executive

215 Effect of purchasing or farming less than threshold level

216 Effect of registration by farmers

Subpart 5—Transitional provisions

217 Transitional provision for penalties

218 Transitional provision for voluntary reporting

219 Transitional provision for mandatory reporting by certain participants

220 Additional transitional provision for mandatory reporting for subpart 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

Part 6
Other matters

223 Establishment of Household Fund

224 Gazetting of targets

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

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Climate Change Response Act 2002 No 40 (as at 01 July 2009), Public Act

Climate Change Response Act 2002

Note

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