New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 8 December 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.
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
3A Treaty of Waitangi (Te Tiriti o Waitangi)
Part 2
Institutional arrangements
Subpart 1—Powers of Minister of Finance
6 Minister of Finance may direct Registrar regarding establishment of Crown holding accounts and 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
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
17A Power of Registrar to delegate
18 Form and content of unit register
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
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
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
25 Correction of unit register
26 Unit register must be open for search
27 Information accessible by search
29 Printed search result receivable as evidence
30A The Crown or Registrar not liable in relation to searches in certain cases
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
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
32 Primary functions of inventory agency
33 Inventory agency under direction of Minister
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
42 Proof of authority must be produced
44 Information obtained under section 39 or section 40 only admissible in proceedings for alleged breach of regulations made under section 50(2)
45A Protection of persons acting under authority of this Part
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]
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
Part 4
New Zealand greenhouse gas emissions trading scheme
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 Requirement to have holding account
62 Monitoring of emissions and removals
63 Liability to surrender units to cover emissions
64 Entitlement to receive New Zealand units for removal activities
66 Quarterly returns for other removal activities
67 Retention of emissions records
Subpart 2—Issuing and allocating 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
85 Allocation of New Zealand units in relation to agriculture
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 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
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
93 Appointment of enforcement officers
94 Power to require information
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
102 Proof of authority must be produced
104 Information obtained under section 100 or 101 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5
106 Protection of persons acting under authority of this Part
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
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
130 Offence for breach of section 99
131 Offence for failure to provide information or documents
133 Evasion or similar offences
134 Penalty for failing to surrender or repay units
136 Additional penalty for knowing failure to comply
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
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
150 Formation of consolidated group
151 Changes to consolidated groups
151A Addition of activities to consolidated groups
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
157A Changes to unincorporated bodies that are participants
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
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
166 Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting
167 Regulations relating to fees and charges
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
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
179 Forest land to be treated as deforested in certain cases
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
186 Methodology for pre-1990 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 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
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 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 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 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
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 5—Transitional 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
222B Transitional provision for entitlement to receive New Zealand units for removal activities
222C Transitional provision permitting payment of money instead of surrender of units to cover emissions
222D Issuing New Zealand units to meet surrender obligation
222E Transitional provisions relating to reporting
222F Transitional provision for allocation to industry
222G Transitional provision regarding prohibition on ability to export New Zealand units
222H Transitional provision for unincorporated bodies
223 Establishment of Household Fund [Repealed]
225 Regulations relating to 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