Part 4
New Zealand greenhouse gas emissions trading scheme

  • Part 4: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Subpart 1Participants

  • Subpart 1: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

54 Participants
  • (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, 204, or 213 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 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, 204, or 213 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 (including, but not limited to, the obligation to retain records in accordance with section 67), 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 EPA 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 EPA's Internet site and in any other form the EPA 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).

    Section 54(1)(a)(i): amended, on 8 December 2009, by section 22(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

    Section 54(1)(b)(ii): amended, on 8 December 2009, by section 22(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

    Section 54(2): amended, on 8 December 2009, by section 22(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

    Section 54(4): amended, on 8 December 2009, by section 22(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

    Section 54(5): substituted, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).