2A Application of Schedules 3 and 4

18CA Effect of surrender, retirement, cancellation, and conversion

18CB Certain Kyoto units may not be surrendered

18CB Restriction on the surrender of assigned amount units

19 Retirement of Kyoto units by the Crown

21AA Registration procedure for New Zealand units and approved overseas units

23A Receiving New Zealand units and approved overseas units from overseas registries

27 Information accessible by search

30E Conversion of New Zealand units into designated assigned amount units for sale overseas

30F Restrictions on certain New Zealand units allocated to landowners of pre-1990 forest land

30G Regulations relating to Part 2

30GA Procedure for certain regulations relating to units

30H Incorporation by reference in regulations made under section 30G

30I Signing false declaration with respect to regulations made under section 30G

30J Providing false or misleading information to Registrar

45A Protection of persons acting under authority of this Part

51 Incorporation by reference in regulations under section 50

54 Participants

55 Associated persons

56 Registration as participant in relation to activities listed in Schedule 3

56 Registration as participant in relation to activities listed in Schedule 3

57 Applications to be registered as participant in relation to activities listed in Schedule 4

57 Applications to be registered as participant in relation to activities listed in Schedule 4

58 Removal from register of participants in relation to activities listed in Schedule 4

59 Removal from register of participants in relation to activities listed in Schedules 3 and 4

60 Exemptions in relation to 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

65A Quarterly returns for other removal activities

66 Retention of emissions records

66A Interpretation

67 Issuance of New Zealand units

67A Notification of intention regarding New Zealand units

68 Allocation plans for allocation of New Zealand units free of charge

69 Allocation to pre-1990 forest land owners

70 Allocation to industry

71 Allocation to agriculture

72 Persons not eligible for allocation of New Zealand units free of charge

73 Statements of intention to prepare draft allocation plans

74 Preparation of draft allocation plan

75 Allocation of New Zealand units by public tender

68 Allocation in respect of pre-1990 forest land

69 Allocation to industry

70 Allocation to agriculture

71 Other matters with respect to allocation plans

72 Draft allocation plans

73 Governor-General may issue allocation plans

74 Content of the criteria and methodologies in allocation plans

75 Allocation in accordance with allocation plan

75A Minister may remake industry and agriculture determinations in accordance with allocation plan

75B Minister may determine that correct allocations received

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

77 Functions of chief executive

78 Directions to chief executive

79 Chief executive to publish certain information

80 Chief executive may prescribe form of certain documents

80A Approval of unique emissions factors

81 Recognition of verifiers

82 Appointment of enforcement officers

83 Power to require information

84 Power to inquire

85 Inquiry before District Court Judge

86 No criminal proceedings for statements under section 84 or 85

87 Expenses in relation to inquiries by chief executive or District Court Judge

88 Obligation to maintain confidentiality

89 Power of entry for investigation

90 Applications for warrants

91 Proof of authority must be produced

92 Notice of entry

93 Information obtained under section 89 or 90 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5

94 Return of items seized

95 Protection of persons acting under authority of this Part

96 Applications for emissions rulings

96A Matters in relation to which chief executive may decline to make emissions rulings

97 Making of emissions rulings

98 Notice of emissions rulings

99 Confirmation of basis of emissions rulings

100 Notifying chief executive of changes relevant to or compliance with emissions rulings

101 Correction of emissions rulings

102 Cessation of emissions rulings

103 Appeal from decisions of chief executive

104 Effect of emissions rulings

105 Chief executive may publish certain aspects of emissions rulings

106 Submission of final emissions returns

107 Power to extend date for emissions returns

108 Amendment to emissions returns by chief executive

109 Assessment if default made in submitting emissions return

110 Amendment or assessment presumed to be correct

111 Effect of amendment or assessment

112 Reimbursement of units by chief executive

112A Repayment of units by persons in case of error

113 Obligation to surrender or repay units not suspended by review or appeal

114 Time bar for amendment of emissions returns

115 Amendments and assessments made by electronic means

116 Strict liability offences

117 Offence for breach of section 88

118 Offence for failure to provide information or documents

119 Other offences

120 Evasion or similar offences

121 Penalty for failing to surrender units

122 Reductions in penalty

123 Additional penalty for knowing failure to comply

124 Interest for late payment

125 Obligation to pay penalty not suspended by appeal

126 Liability of body corporate

127 Liability of directors and managers of companies

128 Liability of companies and persons for actions of director, agent, or employee

129 Limitation period for commencement of proceedings

130 Evidence in proceedings

131 Request for review of decisions

132 Right of appeal to District Court

133 Appeals to High Court on questions of law only

134 Giving of notices by chief executive

135 Giving of notices to chief executive

136 Sharing information

137 Formation of consolidated group

137 Formation of consolidated group

137A Changes to consolidated groups

138 Nominated entities

138A Effect of being member of consolidated group

138B Emissions returns by consolidated group in respect of activities in Part 1 of Schedule 4

139 Ceasing to be member of consolidated group

140 Effect of ceasing to be member of consolidated group

141 Effect of being member of consolidated group

142 Joint activities

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

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

145 Meaning of insolvency process in section 144

146 Future development of emissions trading scheme

147 Reviews of operation of emissions trading scheme

147 Reviews of operation of emissions trading scheme

147AAA Appointment and conduct of the review panel

147A Regulations adding further activity to Part 2 of Schedule 4

148 Regulations

148 Regulations relating to methodologies and verifiers

148A Regulations relating to unique emissions factors

148B Regulations relating to offsetting of pre-1990 forest land

148C Procedure for regulations relating to methodologies, verification, unique emissions factors and offsetting

148D Regulations relating to fees and costs

148E Other regulations

149 Incorporation by reference in regulations made under section 148

150 Effect of amendments to, or replacement of, material incorporated by reference in regulations

151 Proof of material incorporated by reference

152 Effect of expiry of material incorporated by reference

153 Requirement to consult

154 Public access to material incorporated by reference

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

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

157 Application of Standards Act 1988 not affected

157AA Recovery of fees

157A Forest land to be treated as deforested in certain cases

158 Participant in respect of pre-1990 forest land

159 Application for exemption for land holdings of less than 50 hectares of pre-1990 forest land

158AA When deforestation is to be treated as occurring in respect of pre-1990 forest land

158A Offsetting in relation to pre-1990 forest land

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

160 Exemptions for deforestation of land with tree weeds

161 Effect of exemption

162 Methodology for pre-1990 forest land

163 Registration as participant in respect of pre-1990 forest land

164 Pre-1990 forest land to be treated as deforested in certain cases

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

166 Registration as participant in respect of post-1989 forest land

166 Registration as participant in respect of post-1989 forest land

167 Emissions returns for post-1989 forest land activities

168 Special rules regarding surrender of units in relation to post-1989 forest land

169 Transfer of registration

169 Transfer of registration in relation to post-1989 forest land

170 Notification of status of forest land

170 Notification of status of forest land

171 First emissions return for pre-1990 forest land activities

172 First emissions return for post-1989 forest land activities

173 Registration as participant by purchasers of jet fuel

173A Historical information sufficient to satisfy chief executive

173B Effect of purchasing less than the threshold level of obligation jet fuel

174 Effect of registration by purchasers of jet fuel

174A Activities added to Part 2 of Schedule 3

175 Treatment of obligation fuels

175A Participant with respect to mining coal or natural gas

175B Mining natural gas in the Exclusive Economic Zone

175C Obligation with respect to combusting used oil, waste oil and waste

175D Obligation with respect to mining coal

175E Purchase of coal or natural gas from a wholly owned subsidiary of a Part 3 of Schedule 3 participant

176 Registration as participant by purchasers of coal or natural gas

176A Historical information sufficient to satisfy chief executive

176B Effect of purchasing less than threshold level of coal or natural gas

177 Effect of registration by purchasers of coal or natural gas

178 Transitional provision for penalties

177A Registration as participants by farmers

177B Historical information sufficient to satisfy chief executive

177C Effect of purchasing or farming less than the threshold level

177D Effect of registration by farmers

178 Transitional provision for penalties

178A Transitional provision for voluntary reporting

178B Transitional provision for mandatory reporting by certain participants

178C Additional transitional provision for mandatory reporting for subpart 3 of Part 2 of Schedule 4 participants

178D Additonal transitional provisions for Part 3 of Schedule 4 participants

179 Transitional provisions regarding regulations that replace existing unit register regulations

CB 29 Disposal of ETS units

CW 3B Pre-1990 forest land units: emissions trading scheme

CX 44F Issue of post-1989 forest land units

DB 46 Acquisition of ETS units

DB 47 Surrender of pre-1990 forest land units for post-1989 forest land deforestation

EA 2B ETS units: FIFO cost-flow method

GD 16 Disposals of ETS units at below market value

CB 36 Disposal of ETS units

CW 3B Pre-1990 forest land units: emissions trading scheme

CX 48B Issue of post-1989 forest land units

DB 60 Acquisition of ETS units

DB 61 Surrender of pre-1990 forest land units for post-1989 forest land emissions

EA 2B ETS units: FIFO cost-flow method

GC 4B Disposals of ETS units at below market value

62A Purpose of this Part

62B Expiry of this Part

62C Interpretation

62D Restriction on connection and operation of specified generation plant

62E Additional penalty for breach involving commercial gain

62F Minister of Energy may grant exemption

62G Minister of Energy may only grant exemption if satisfied of certain matters

62H Grounds and terms and conditions of exemption

62I Public consultation on draft exemption

62I Public consultation on recommendations

62J Publication of exemption and reasons

62K Revocation of exemption

62L Suspension of exemption

62L Commission may grant temporary emergency exemption

62M Commission must monitor compliance

62MA Commission may use information collected or provided under regulations or rules

62N Regulations for purposes of this Part