Reprint as at 1 January 2016

Coat of Arms of New Zealand

Climate Change Response Act 2002

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

1Title
2Commencement
2AApplication of Schedules 3 and 4
2BOrders in Council in relation to Part 5 of Schedule 3
2CEffect of Orders in Council in relation to Part 5 of Schedule 3
3Purpose
3ATreaty of Waitangi (Te Tiriti o Waitangi)
4Interpretation
5Act binds the Crown
6Minister of Finance may direct Registrar regarding establishment of Crown holding accounts and carry out trading activities with respect to units
6AMinister’s power to sell by auction
7Minister of Finance may give directions to Registrar regarding accounts and units
8Registrar must give effect to directions of Minister of Finance
8AMinister of Finance must publish directions
9Minister of Finance may obtain information from inventory agency and Registrar
9AFunctions of chief executive
9BDelegation by chief executive
10Purpose of Registry
11EPA to appoint Registrar
12Registrar responsible for Registry
13Registrar may refuse access to, or suspend operation of, Registry
14Registrar must give effect to directions
15Registrar to allocate unique numbers
16Carry-over of certain Kyoto units
17Commitment period reserve
17APower of Registrar to delegate
18Form and content of unit register
18AOpening holding accounts
18BClosing holding accounts
18CTransfer of units
18CAEffect of surrender, retirement, cancellation, and conversion
18CBRestriction on surrender of assigned amount units
18CCRestriction on surrender of assigned amount units issued during first commitment period
18CDEffect of surrendering restricted assigned amount units
18DSuccession
18ETrusts, representatives, and assignees of bankrupts
19Retirement of Kyoto units by the Crown
20Transactions must be registered
21Registration procedure for Kyoto units
21AARegistration procedure for New Zealand units and approved overseas units
21AElectronic registration
21BDefective applications
22Transactions take effect when registered
23Receiving Kyoto units from overseas registries
23AReceiving New Zealand units and approved overseas units from overseas registries
24Priority of registration
25Correction of unit register
26Unit register must be open for search
27Information accessible by search
28Search of unit register
29Printed search result receivable as evidence
30Recovery of fees
30AThe Crown or Registrar not liable in relation to searches in certain cases
30BExpiry of long-term certified emission reduction units
30CReplacement of certain long-term certified emission reduction units
30DExpiry of temporary certified emission reduction units
30EConversion of New Zealand units into designated assigned amount units for sale overseas or cancellation
30FRestrictions on certain New Zealand units allocated to landowners of pre-1990 forest land
30GRegulations relating to Part 2
30GAFurther provisions governing regulations made under section 30G(1)(p)
30GBFurther provisions governing regulations made under section 30G(1)(q)
30HProcedure for certain regulations relating to units
30IIncorporation by reference in regulations made under section 30G
30JSigning false declaration with respect to regulations made under section 30G
30KProviding false or misleading information to Registrar
31Meaning of greenhouse gas
32Primary functions of inventory agency
33Inventory agency under direction of Minister
34Record keeping
35Publication
36Authorisation of inspectors
37Power to enter land or premises to collect information to estimate emissions or removals of greenhouse gases
38Limitation on power of entry under section 37
39Power of entry for inspection
40Applications for warrants
41Entry of defence areas
42Proof of authority must be produced
43Notice of entry
44Information obtained under section 39 or section 40 only admissible in proceedings for alleged breach of regulations made under section 50(2)
45Return of items seized
45AProtection of persons acting under authority of this Part
46Failing to provide required information to inventory agency
47Obstructing, hindering, resisting, or deceiving person exercising power under Part
48Signing false declaration in respect of regulations made under section 50
48AProviding false or misleading information to Registrar [Repealed]
49Reporting
50Regulations
51Incorporation by reference in regulations made under section 50
52Inventory agency must report to Minister on certain matters before certain regulations are made
53Consequential amendments
54Participants
55Associated persons
56Registration as participant in respect of activities listed in Schedule 3
57Applicant to be registered as participant in respect of activities listed in Schedule 4
58Removal from register of participants in respect of activities listed in Schedule 4
59Removal from register of participants in respect of activities listed in Schedules 3 and 4
60Exemptions in respect of activities listed in Schedule 3
61Requirement to have holding account
62Monitoring of emissions and removals
63Liability to surrender units to cover emissions
63AModification of liability to surrender units to cover certain emissions
64Entitlement to receive New Zealand units for removal activities
64AModification of entitlement to receive New Zealand units for removal activities
65Annual emissions returns
66Quarterly returns for other removal activities
67Retention of emissions records
68Issuing New Zealand units
69Notification of intention regarding New Zealand units
70Governor-General may issue allocation plans
71Correction of allocation plans
72Allocation in respect of pre-1990 forest land
73Minister to appoint person to hold certain New Zealand units
74Allocation to owners of fishing quota
75Consultation on pre-1990 forest land allocation plan
76Consultation on fishing allocation plan
77Determinations made in accordance with allocation plan
78Power to revoke and replace determinations
79Effect of new determination
80Criteria for allocation of New Zealand units to industry
81Entitlement to provisional allocation for eligible industrial activities
82Entitlement to allocation for eligible industrial activities where provisional allocation not received
83Annual allocation adjustment
84Closing allocation adjustment
84ATemporary suspension of allocation entitlement for eligible industrial activities
85Allocation of New Zealand units in relation to agriculture
85ATemporary suspension of phase-out rates for assistance under sections 81, 83(2), and 85(2)
85BTemporary suspension of allocation entitlement for eligible agricultural activities
86Applications for allocation of New Zealand units for industry and agriculture
86AProvisional allocation to industry in and after 2013
86BDecisions on applications for allocations of New Zealand units to industry and agriculture
86CReconsideration of allocation decisions
86DRetention of records and materials in relation to allocation
86EMinister or EPA or chief executive may require further information for purpose of carrying out functions under subpart
86FBalance of units at end of true-up period or other balance date [Repealed]
87Functions of EPA
87ADelegation by EPA
88Directions to EPA
89EPA to publish certain information
90EPA may prescribe form of certain documents
91Approval of unique emissions factors
92Recognition of verifiers
93Appointment of enforcement officers
94Power to require information
95Power to inquire
96Inquiry before District Court Judge
97No criminal proceedings for statements under section 95 or 96
98Expenses in relation to inquiries
99Obligation to maintain confidentiality
100Power of entry for investigation
101Applications for warrants
102Proof of authority must be produced
103Notice of entry
104Information obtained under section 100 or 101 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5
105Return of items seized
106Protection of persons acting under authority of this Part
107Applications for emissions rulings
108Matters in relation to which EPA may decline to make emissions rulings
109Making of emissions rulings
110Notice of emissions rulings
111Confirmation of basis of emissions rulings
112Notifying EPA of changes relevant to or failure to comply with emissions rulings
113Correction of emissions rulings
114Cessation of emissions rulings
115Appeal from decisions of EPA
116Effect of emissions rulings
117EPA may publish certain aspects of emissions rulings
118Submission of final emissions returns
119Power to extend date for emissions returns
120Amendment to emissions returns by EPA
121Assessment if default made in submitting emissions return
122Amendment or assessment presumed to be correct
123Effect of amendment or assessment
124Reimbursement of units by EPA
125Repayment of units by persons in case of error
126Obligation to surrender or repay units not suspended by review or appeal
127Time bar for amendment of emissions returns
128Amendments and assessments made by electronic means
129Offences in relation to failure to comply with various provisions
130Offence for breach of section 99
131Offence for failure to provide information or documents
132Other offences
133Evasion or similar offences
134Penalty for failing to surrender or repay units
134APenalty for failing to surrender or repay units when required by notice given under section 134(3)
135Reductions in penalty
136Additional penalty for knowing failure to comply
137Interest for late payment
138Obligation to pay penalty not suspended by appeal
138APenalties to be paid into Crown account
139Liability of body corporate
140Liability of directors and managers of companies
141Liability of companies and persons for actions of director, agent, or employee
142Limitation period for commencement of proceedings
143Evidence in proceedings
144Request for review of decisions
145Right of appeal to District Court
146Appeals to High Court on questions of law only
147Giving of notices by EPA
148Giving of notices to EPA
149Sharing information
150Formation of consolidated group
151Changes to consolidated groups
151AAddition of activities to consolidated groups
152Nominated entities
153Effect of being member of consolidated group
154Emissions returns by consolidated group in respect of activities in Part 1 of Schedule 4
155Ceasing to be member of consolidated group
156Effect of ceasing to be member of consolidated group
156ARemoval of activities from consolidated groups
157Unincorporated bodies
157AChanges to unincorporated bodies that are participants
158Compensation for participants where public works result in liability to surrender units
159Recovery of costs
160Review of operation of emissions trading scheme
161Appointment and conduct of review panel
161ARegulations in relation to eligible industrial activities
161BAustralian eligible industrial activities
161COther eligible industrial activities
161DPower to require information for purposes of allocation to industry
161ERequirements in respect of notice given under section 161D
161FConsultation on activities that may be prescribed as eligible industrial activities
161GRegulations in relation to eligible agricultural activities
161HPower to request information showing output from eligible agricultural activities
162Regulations adding further activity to Part 2 of Schedule 4
162AOrders are confirmable instruments
163Regulations relating to methodologies and verifiers
164Regulations relating to unique emissions factors
165Regulations relating to offsetting of pre-1990 forest land [Repealed]
166Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting
167Regulations relating to fees and charges
168Other regulations
169Incorporation by reference in regulations made under section 163, 164, 167, or 168
170Effect of amendments to, or replacement of, material incorporated by reference in regulations
171Proof of material incorporated by reference
172Effect of expiry of material incorporated by reference
173Requirement to consult
174Public access to material incorporated by reference
175Application of Legislation Act 2012 to material incorporated by reference
176Application of Regulations (Disallowance) Act 1989 to material incorporated by reference [Repealed]
177Application of Standards Act 1988 not affected
178Recovery of fees or charges
178AOption to pay money instead of surrendering units to cover emissions
178BIssuing New Zealand units to meet surrender obligations
178CProhibition on ability to export New Zealand units
179Forest land to be treated as deforested in certain cases
179AForest land may not be treated as deforested in certain cases
180Participant in respect of pre-1990 forest land
181When deforestation to be treated as occurring in respect of pre-1990 forest land
182Offsetting in relation to pre-1990 forest land [Repealed]
183Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land
183ACertain applications not otherwise permitted by section 183
184Exemptions for deforestation of land with tree weeds
185Effect of exemption
186Methodology for pre-1990 forest land cleared in 8 years or less
186APersons who own pre-1990 forest land may submit offsetting forest land applications to EPA
186BCriteria for approving offsetting forest land applications
186CConditions applicable to offsetting forest land
186DRequirements relating to offsetting forest land
186EDeforesting pre-1990 offsetting forest land before usual rotation period of forest species on pre-1990 forest land
186FRegulations relating to offsetting
186GEPA may revoke approval in certain circumstances
186HTreatment of allocations in respect of pre-1990 forest land that is offset
186IParticipant in respect of pre-1990 offsetting forest land
186JMethodology for pre-1990 offsetting forest land cleared after usual rotation period is completed
187Conditions on registration as participant in respect of certain activities relating to post-1989 forest land
187AEPA to give public notice of criteria for assessing risk of tree weed spread
188Registration as participant in respect of post-1989 forest land
188APerson ceases to be participant in respect of post-1989 forest land if natural event permanently prevents re-establishing forest on that land
189Emissions returns for post-1989 forest land activities
190Special rules regarding surrender of units in relation to post-1989 forest land
191Ceasing to be registered as participant in respect of post-1989 forest land
192Effect of transmission of interest in post-1989 forest land
193Emissions returns in relation to transmitted interests
194Information about status of forest land
195Notification of status of forest land
196First emissions return for pre-1990 forest land activities
196APower to withdraw or suspend certain draft allocation plans [Repealed]
197First emissions return for post-1989 forest land activities
198Registration as participant by purchasers of obligation fuel
199Historical information sufficient to satisfy EPA
200Effect of purchasing less than threshold level of obligation fuel
201Effect of registration by purchasers of obligation fuel
202Activities added to Part 2 of Schedule 3
202AOrders are confirmable instruments
203Treatment of obligation fuels
204Participant with respect to mining coal or natural gas
205Mining natural gas in exclusive economic zone and continental shelf
206Obligation with respect to combusting used oil, waste oil, and waste
207Obligation with respect to mining coal
208Purchase of coal or natural gas from certain related companies of Part 3 of Schedule 3 participant
209Registration as participant by purchasers of coal or natural gas
210Historical information sufficient to satisfy EPA
211Effect of purchasing less than threshold level of coal or natural gas
212Effect of registration by purchasers of coal or natural gas
213Participant in respect of subpart 4 of Part 5 of Schedule 3
214Units not required to be surrendered for fertilisers embedded in products
215Effect of purchasing or farming less than threshold level [Repealed]
216Effect of registration by farmers [Repealed]
217Transitional provision for penalties
218Transitional provision for voluntary reporting
219Transitional provision for mandatory reporting by certain participants
220Transitional provision relating to unit entitlements for subpart 1 or 3 of Part 2 of Schedule 4 participants
221Additional transitional provisions for Part 3 of Schedule 4 participants
222Transitional provisions regarding regulations that replace existing unit register regulations
222ATransitional provision for liability to surrender units to cover emissions from activities relating to liquid fossil fuels, stationary energy, and industrial processes [Repealed]
222BTransitional provision for entitlement to receive New Zealand units for removal activities [Repealed]
222CTransitional provision permitting payment of money instead of surrender of units to cover emissions [Repealed]
222DIssuing New Zealand units to meet surrender obligation [Repealed]
222ETransitional provisions relating to reporting [Repealed]
222FTransitional provision for allocation to industry [Repealed]
222GTransitional provision regarding prohibition on ability to export New Zealand units [Repealed]
222HTransitional provision for unincorporated bodies
223Establishment of Household Fund [Repealed]
224Gazetting of targets
225Regulations relating to targets
226Overview of functions and responsibilities of EPA and agencies under this Part, Customs and Excise Act 1996, and Land Transport Act 1998
227Synthetic greenhouse gas levy imposed
228Person who registers leviable motor vehicle responsible for paying levy
229Importer of leviable goods must pay levy
230Levies are debt due to the Crown
231Penalties for failure to pay levy
232Application of provisions of Customs and Excise Act 1996
233Rate of synthetic greenhouse gas levy
234Transitional provision for synthetic greenhouse gas levy
235Temporary suspension of levy set by section 233
236Maximum price of carbon for purpose of levy calculation
237Levy rate exclusive of GST
238Levy rate for period from 1 July 2013 to 31 December 2013
239Levy rate to apply for single calendar year on and after 1 January 2014
240Agencies to pay levy into Crown Bank Account
241Agencies to provide information to EPA quarterly
242Agencies and EPA to share information
243Circumstances where levy may be refunded
244Exemptions from payment of synthetic greenhouse gas levy
245Regulations specifying levy rates
246Regulations relating to synthetic greenhouse gas levy
247Process for making orders and regulations
248Collecting information and keeping records
249Application of section 88 (Directions to EPA)
250EPA to publish information relating to levies
251Recognition of verifiers
252Enforcement officers
253Power to require information
254Power to inquire
255Inquiry before District Court Judge
256Obligation to maintain confidentiality
257Power of entry for investigation, warrants, etc
258Regulations relating to verifiers
259Offence in relation to failure to collect data and keep records
260Failure to provide information or documents
261Other offences
262Offence for breach of confidentiality
263Evasion
264Offence in relation to release of synthetic greenhouse gases
265Defence for release of synthetic greenhouse gas
266Limitation period for commencement of proceedings
267Evidence in proceedings
268Liability of body corporate, directors, managers of companies, companies, and persons for actions of directors, agents, and employees
269Review of operation and effectiveness of levy
270Appointment and conduct of independent panel
Reprint notes