Climate Change Response Act 2002

77 Determinations made in accordance with allocation plan

• (1) As soon as practicable after an allocation plan comes into force, the Minister must give public notice inviting any person who may be eligible for an allocation of New Zealand units under the allocation plan to apply for an allocation.

  (2) The notice under subsection (1) must specify—

  • (a) the form in which an application must be made; and

  • (b) the final date by which applications for an allocation of New Zealand units under the allocation plan must be received by the Minister (which must, in the case of a pre-1990 forest land allocation plan, be no earlier than 40 working days after the date on which the notice is given and, in the case of a fishing allocation plan, be no earlier than 20 working days after the date on which the notice is given); and

  • (c) the data and other information, or the kind of data and other information, that must accompany the application in order for the person’s application to be considered (which must be the data and other information specified in the allocation plan); and

  • (d) how the data and other information are to be supplied.

  (3) To avoid doubt, data and information supplied under subsection (2) are subject to the Official Information Act 1982.

  (4) Despite anything in this subpart or in any allocation plan,—

  • (a) a person is not entitled to receive an allocation of New Zealand units under an allocation plan unless the person applies to the Minister for an allocation under the allocation plan and supplies the required data and other information in the required format; and

  • (b) the Minister is not required to make a determination in respect of an application for an allocation if the application is received after the date specified in the notice under subsection (2)(b).

  (5) The Minister must, in relation to each application received by the date specified in the notice given under subsection (1), make a preliminary determination in accordance with the allocation plan as to—

  • (a) whether the person is eligible to receive an allocation of New Zealand units under the plan; and

  • (b) the total number of New Zealand units the person is entitled to receive under the plan (which may be expressed by reference to a formula); and

  • (c) the year or years in which the New Zealand units will be transferred to the person.

  (6) After making a preliminary determination, the Minister must notify the applicant of the following:

  • (a) whether, in the Minister's opinion, the person is an eligible person under the allocation plan, and—

    • (i) if so, the total number of New Zealand units the Minister has determined the person is entitled to receive under the plan (which may be expressed by reference to a formula) and the year or years in which those units will be transferred; and

    • (ii) if not, the reasons for that opinion; and

  • (b) that, if the applicant believes there are any errors or miscalculations in the Minister’s preliminary determination of eligibility or entitlement, the person may provide further information to the Minister supporting a different determination; and

  • (c) the final date by which any further information must be received by the Minister (which must, in the case of a pre-1990 forest land allocation plan, be no earlier than 20 working days after the date on which the notice is given, and in the case of a fishing allocation plan, be no earlier than 10 working days after the date on which the notice is given).

  (7) Following the expiry of the date referred to in subsection (6)(c), the Minister must, taking into account any information received by the due date in response to the notice, make a final determination of the matters specified in subsection (5).

  (8) As soon as practicable after making a final determination under subsection (7), the Minister must—

  • (a) notify the applicant of the determination; and

  • (b) publish the determination in the Gazette; and

  • (c) ensure that the determination is accessible via the Internet site of the EPA; and

  • (d) if New Zealand units are allocated to an applicant, direct the Registrar to transfer the allocated New Zealand units to the applicant's holding account in the amounts and on the date or dates specified in the determination.

  (9) For the purposes of making a preliminary determination under subsection (5) or a final determination under subsection (7) in respect of a fishing allocation plan, the Minister may access, and rely on, the information set out in the quota register kept under Part 8 of the Fisheries Act 1996.

  (10) To avoid doubt, and without limiting the powers conferred under sections 94 to 106, the EPA or any other person with powers under sections 94 to 106 may exercise those powers for the purposes of ascertaining whether a person who applies for an allocation of New Zealand units or is allocated New Zealand units under an allocation plan is complying with, or has complied with,—

  • (a) any requirement in this section or section 78 or 79; or

  • (b) any requirement in the relevant allocation plan (for example, a requirement to keep records).

  Section 77: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

  Section 77(8)(c): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).

  Section 77(10): amended, on 5 December 2011, by section 19 of the Climate Change Response Amendment Act 2011 (2011 No 15).