New Zealand Legislation: Bills

6 Interpretation

• (1) Section 4(1) is amended by repealing the definitions of Minister, Minister responsible for the inventory agency, Minister responsible for the Registry, and representative identifier.

  (2) Section 4(1) is amended by inserting the following definitions in their appropriate alphabetical order:

  “account number means a unique account number assigned to a holding account by the Registrar under section 15(1)(a)

  “allocation plan means a plan issued under section 73

  “allocation plan means an allocation plan issued under section 73 or 73A

  “animal material has the same meaning as in section 4(1) of the Animal Products Act 1999

  “animal product has the same meaning as in section 4(1) of the Animal Products Act 1999

  “approved overseas unit means a unit, other than a Kyoto unit,—

  • “(a) issued by an overseas registry; and

  • “(b) prescribed as a unit that may be transferred to accounts in the Registry

  “associated person has the meaning given to it by subsection (3)

  “carbon accounting area means an area of post-1989 forest land that—

  • “(a) is defined by a person who is registered or has applied to register as a participant under section 57 in relation to an activity listed in Part 1 of Schedule 4; and

  • “(b) meets any relevant criteria specified in regulations made under this Act

  “chief executive, in relation to a Part, means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of the Part

  “chief executive responsible for the administration of this Act means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of this Act

  “clear, in relation to a tree,—

  • “(a) includes—

    • “(i) felling, harvesting, burning, removing by mechanical means, spraying with a herbicide intended to kill the tree, or undertaking any other form of human activity that kills the tree; and

    • “(ii) felling, burning, killing, uprooting, or destroying by a natural cause or event; but

  • “(b) does not include pruning or thinning

  “coal has the same meaning as in section 2(1) of the Crown Minerals Act 1991

  “conversion account means an account in the Registry used for the purpose of converting New Zealand units into assigned amount units

  “convert, in relation to a New Zealand unit, means the transfer of the unit to a conversion account in the Registry with the effect specified in section 18CA(5)

  “Crown conservation contract means a written agreement with the Crown (including a concession granted in accordance with Part 3B of the Conservation Act 1987) for the removal and storage of greenhouse gases on post-1989 forest land that is Crown land managed or administered under the Conservation Act 1987 or any of the Acts listed in the First Schedule to Schedule 1 of that Act

  “Crown land has the same meaning as in section 2(1) of the Crown Minerals Act 1991

  “dairy processing, in relation to milk or colostrum, means the first occasion, other than at a farm dairy, on which the milk or colostrum is made subject to heat treatment, freezing, separation, concentration, filtering, blending, extraction of milk components, and the addition of other material, including (but not limited to) food, ingredients, additives, or processing aids as defined in the Food Standards Code

  “deforest, in relation to forest land,—

  • “(a) means to convert forest land to land that is not forest land; and

  • “(b) includes clearing forest land, where section 157A applies

  “disposal facility means any facility, including a landfill,—

  • “(a) at which waste is disposed; and

  • “(b) at which the waste disposed includes waste from a household that is not entirely from construction, renovation, or demolition of a house; and

  • “(c) that operates, at least in part, as a business to dispose of waste; but

  • “(d) does not include a facility, or any part of a facility, at which waste is combusted for the purpose of generating electricity or industrial heat

  “dispose, in relation to waste,—

  • “(a) means the final or more than short-term deposit of waste into or onto land set apart for that purpose; and

  • “(b) includes incinerating the waste by deliberately burning the waste to destroy it, but does not include recovering energy from it

  “dispose, in relation to waste,—

  • “(a) means—

    • “(i) the final or more than short-term deposit of waste into or onto land set apart for that purpose; or

    • “(ii) the incineration of waste by deliberately burning the waste to destroy it; but

  • “(b) does not include any deposit of biosolids for rehabilitation or other beneficial purposes

  “document means a document in any form whether or not signed or initialled or otherwise authenticated by its maker; and includes—

  • “(a) any writing on any material:

  • “(b) any information recorded or stored by means of any tape recorder, computer, or any other device; and any material subsequently derived from information so recorded or stored:

  • “(c) any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means:

  • “(d) any book, map, plan, graph, or drawing:

  • “(e) any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced

  “draft allocation plan means a draft plan draft allocation plan prepared under section 72

  “emissions, in relation to an activity listed in Schedule 3 or 4, means carbon dioxide equivalent emissions of greenhouse gases from the activity

  “emissions return means—

  • “(a) an annual emissions return submitted under section 65; or

  • “(aa) an emissions return submitted under section 65A; or

  • “(b) a final emissions return submitted under section 106; or

  • “(c) an emissions return submitted under section 165, 167, or 168 168A, or 169

  “entity, in relation to a group, means a reporting entity or reporting entity’s subsidiary, within the meaning of section 2(1) of the Financial Reporting Act 1993

  “exempt land—

  • “(a) means pre-1990 forest land that has been declared to be exempt land—

    • “(i) under section 159; or

    • “(ii) under section 160 and in respect of which the conditions in section 160(6) have been met; but

  • “(b) does not include any forest land that met the definition in paragraph (a), but has been deforested, and in respect of which the number of units that would have been required to be surrendered in relation to an activity listed in Part 1 of Schedule 3, had the land not been exempt land, have been surrendered under section 165(3) 165(2)

  “exotic forest species means forest species that are not a forest species that is not an indigenous forest species

  “export has a corresponding meaning to exportation in section 2(1) of the Customs and Excise Act 1996

  “farm dairy has the same meaning as in section 4(1) of the Animal Products Act 1999

  “Food Standards Code has the same meaning as in section 4(1) of the Animal Products Act 1999

  “forest land—

  • “(a) means an area of land of at least 1 hectare that has, or is likely when the forest species reach maturity to have, tree crown cover from forest species of more than 30% in each hectare; and

  • “(b) includes an area of land that temporarily does not meet the requirements specified in paragraph (a) because of human intervention or natural causes but that is likely to revert to land that meets the requirements specified in paragraph (a); but

  • “(c) does not include—

    • “(i) a shelter belt of forest species, where the tree crown cover at maturity has, or is likely to have, an average width of less than 30 metres; or

    • “(ii) an area of land where the forest species have, or are likely to have, a tree crown cover at maturity of an average width of less than 30 metres, unless the area is contiguous with land that meets the requirements specified in paragraph (a) or (b)

  “forest species means a tree species capable of reaching at least 5 metres in height at maturity in the place where it is located

  “group means a group as defined has the same meaning as in section 2(1) of the Financial Reporting Act 1993

  “import has a corresponding meaning to importation in section 2(1) of the Customs and Excise Act 1996

  “indigenous forest species means a forest species that occurs naturally in New Zealand or has arrived in New Zealand without human assistance

  “international transaction log means an international log established and maintained by the Secretariat to confirm the validity of transactions, including the issue and transfer of Kyoto units between registries and between accounts in the Registry

  “Kyoto units means all of the unit types specified in, or in accordance with, the Protocol (namely, assigned amount units, certified emission reduction units, emission reduction units, long-term certified emission reduction units, removal units, and temporary certified emission reduction units)

  “landowner,—

  • “(a) in relation to Crown land, means the appropriate Minister (as that term is defined in section 2(2) of the Crown Minerals Act 1991); and

  • “(b) in relation to land other than Crown land, means—

    • “(i) the legal owner of a freehold estate in the land; or

    • “(ii) if the land is Maori customary land (as defined in section 4 of Te Ture Whenua Maori Act 1993), the person or persons who have title to the land as determined under Te Ture Whenua Maori Act 1993 1993; or

    • “(iii) if the land is Maori freehold land (as defined in section 4 of Te Ture Whenua Maori Act 1993), the legal owner of the land

  “Maori land has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

  “merchantable timber means timber from the stem of a tree more than 10 years old, other than—

  • “(a) the stump; and

  • “(b) wood that is decayed or grossly distorted; and

  • “(c) wood that is less than 10 centimetres in diameter diameter, excluding the bark

  “mining has the same meaning as in section 2(1) of the Crown Minerals Act 1991

  “Minister, in relation to a Part of this Act, means the Minister who is, under the authority of any warrant or under the authority of the Prime Minister, responsible for the administration of the Part

  “Minister responsible for the administration of this Act means the Minister who is, under the authority of any warrant or under the authority of the Prime Minister, responsible for the administration of this Act

  “natural gas means—

  • “(a) all gaseous hydrocarbons produced from wells, including wet gas and residual gas remaining after the extraction of condensate from wet gas; and

  • “(b) liquid hydrocarbons, other than condensate, extracted from wet gas and sold as natural gas liquids, for example, liquid petroleum gas; and

  • “(c) coal seam gas

  “New Zealand unit means a unit issued by the Registrar and designated as a New Zealand unit

  “obligation fuel means any fuel specified as obligation fuel in regulations made under this Act

  “obligation jet fuel means any jet fuel specified as obligation jet fuel in regulations made under this Act

  “operating, in relation to to a disposal facility, means being in control of the facility

  “participant means a person who is a participant under section 54

  “post-1989 forest land means forest land that—

  • “(a) was not forest land on 31 December 1989; or

  • “(b) was forest land on 31 December 1989 but was deforested between 1 January 1990 and 31 December 2007; or

  • “(c) was pre-1990 forest land, other than exempt land,—

    • “(i) that was deforested on or after 1 January 2008; and

    • “(ii) in respect of which any liability to surrender units arising in relation to an activity listed in Part 1 of Schedule 3 has been satisfied; or

  • “(d) was exempt land—

    • “(i) that has been deforested; and

    • “(ii) in respect of which the number of units that would have been required to be surrendered in relation to an activity listed in Part 1 of Schedule 3, had the land not been exempt land, have been surrendered under section 165(2)

  “pre-1990 forest land—

  • “(a) means forest land—

    • “(i) that was forest land on 31 December 1989; and

    • “(ii) that remained as forest land on 31 December 2007 (taking into account subsection (4) (4)); and

    • “(iii) where the forest species on the forest land on 31 December 2007 consisted predominantly of exotic forest species; but

  • “(b) does not include any forest land that met the definition in paragraph (a) but has been deforested and in respect of which any liability to surrender units arising in relation to an activity listed in Part 1 of Schedule 3 has been satisfied

  • “(b) does not include any forest land that met the definition in paragraph (a), but—

    • “(i) has been deforested and in respect of which any liability to surrender units arising in respect of an activity listed in Part 1 of Schedule 3 has been satisfied; or

    • “(ii) was declared to be exempt land, has been deforested, and the number of units that would have been required to be surrendered in respect of an activity listed in Part 1 of Schedule 3 had the land not been exempt land have been surrendered under section 165(2)(b)

  “primary representative means an individual appointed by an account holder as a primary representative of the account holder in accordance with any regulations made under Part 2

  “public notice means a notice published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin, and made accessible via the Internet site of the entity giving the notice

  “recover, in relation to dispose,—

  • “(a) means the extraction of materials or energy from waste for further use or processing; and

  • “(b) includes making waste into compost

  “recycle, in relation to dispose, means the reprocessing of waste to produce new materials

  “registered forestry right means a forestry right registered under the Forestry Rights Registration Act 1983

  “registered lease,—

  • “(a) in relation to a lease in respect of land registered under the Land Transfer Act 1952,—

    • “(i) means a lease registered under that Act; and

    • “(ii) includes a lease registered under the Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002:

  • “(b) in relation to a lease in respect of land that is not registered under the Land Transfer Act 1952, means a lease registered under the Deeds Registration Act 1908

  “removal activity means an activity that is listed in Part 1 or 2 of Schedule 4

  “removals, in relation to a removal activity, means carbon dioxide equivalent greenhouse gases that are, as a result of the removal activity,—

  • “(a) removed from the atmosphere; or

  • “(b) not released into the atmosphere; or

  • “(c) a reduction from emissions reported in—

    • “(i) New Zealand's annual inventory report under section 32 as required under the Convention or Protocol for any year; or

    • “(ii) any emissions report from New Zealand under a successor international agreement

  “reuse, in relation to dispose, means the further use of waste in its existing form for the original purpose of the materials or products that constitute the waste or for a similar purpose

  “surrender means the transfer of a unit to a surrender account in the Registry with the effect specified in section 18CA(3) or (4)

  “surrender account means an account in the Registry for the purpose of holding units that account holders have surrendered

  “waste means any thing that—

  • “(a) has been disposed of or discarded; and

  • “(b) includes waste that is defined by its composition or source (for example, organic waste, electronic waste, or construction and demolition waste)

  “year means a calendar year ending on 31 December”.

  (3) The definition of assigned amount unit in section 4(1) is amended by omitting “(or AAU)”.

  (4) The definition of cancel in section 4(1) is repealed and the following definition substituted:

  “cancel, in relation to a unit, means the transfer of the unit to a cancellation account in the Registry with the effect specified in section 18CA(1)”.

  (5) The definition of carbon dioxide equivalent in section 4(1) is amended by omitting “metric” in each place where it appears.

  (5A) The definition of carry over in section 4(1) is amended by—

  • (a) omitting “carry over” and substituting “carry-over”; and

  • (b) omitting “carried over” and substituting “carried-over”.

  (6) The definition of certified emission reduction unit in section 4(1) is amended by omitting “(or CER)”.

  (7) The definition of commitment period reserve in section 4(1) is amended by inserting “Kyoto” after “number of” in the first place where it appears.

  (7A) Paragraph (b) of the definition of commitment period reserve in section 4(1) is amended by omitting “metric”.

  (8) The definition of emission reduction unit in section 4(1) is amended by omitting “(or ERU)”.

  (9) The definition of holding account in section 4(1) is amended by omitting “retired or cancelled” and substituting “retired, surrendered, converted, or cancelled”.

  (10) The definition of independent transaction log in section 4(1) is repealed.

  (10A) The definition of initial assigned amount in section 4(1) is amended by omitting “metric”.

  (10B) The definition of inventory agency in section 4(1) is repealed and the following definition substituted:

  “inventory agency means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of Part 3”.

  (11) The definition of long-term certified emission reduction unit in section 4(1) is amended by omitting “(or lCER)”.

  (12) The definition of overseas registry in section 4(1) is amended by adding the following paragraph:

  • “(c) any other prescribed registry”.

  (13) Paragraph (b) of the definition of relevant commitment period in section 4(1) is amended by inserting “Kyoto” after “account or”.

  (14) Paragraph (b) of the definition of removal unit in section 4(1) is amended by omitting “(or RMU)”.

  (14A) The definition of representative identifier in section 4(1) is repealed.

  (15) The definition of retire in section 4(1) is repealed and the following definition substituted:

  “retire, in relation to a Kyoto unit, means the transfer of that Kyoto unit to a retirement account in the Registry with the effect specified in section 18CA(2)”.

  (16) The definition of retirement account in section 4(1) is amended by inserting “Kyoto” after “of holding”.

  (17) The definition of temporary certified emission reduction unit in section 4(1) is amended by omitting “(or tCER)”.

  (18) The definition of units in section 4(1) is repealed and the following definition substituted:

  “unit means a Kyoto unit, a New Zealand unit, or an approved overseas unit”.

  (19) Section 4 is amended by adding the following subsections:

  • “(3) A person is an associated person in relation to 1 or more other persons if—

    • “(a) each person is a body corporate and each of the bodies corporate—

      • “(i) consist substantially of the same members or shareholders; or

      • “(ii) are under the control of the same persons; or

    • “(b) any of the bodies corporate—

      • “(i) has the power, directly or indirectly, to exercise, or control the exercise of, 25% or more of the voting power at a meeting of the other; or

      • “(ii) is able to appoint or control 25% or more of the governing body of the other.

  • “(4) For the purposes of the definition of pre-1990 forest land, land that was forest land on 31 December 1989 is to be treated as forest land on 31 December 2007 if, on 31 December 2007, the land had—

    • “(a) any standing exotic forest species (dead or alive), other than a strip of standing exotic forest species that had, or was likely at maturity to have, tree crown cover of an average width of less than 30 metres that was not cleared because of restrictions imposed on it by any enactment; or

    • “(b) any other merchantable timber from exotic forest species.

  • “(3A) For the purposes of the definition of dispose, a deposit of waste is short-term if, not later than 6 months after the deposit (or any later time that the chief executive has agreed to in writing), the waste is—

    • “(a) reused or recycled; or

    • “(b) recovered; or

    • “(c) removed from the land for any other reason.

  • “(4) Pre-1990 forest land, in respect of which conversion to land that is not forest land had commenced prior to 31 December 2007, is to be treated as deforested on 31 December 2007 if, on that date, the land had—

    • “(a) no standing exotic forest species (dead or alive), other than a strip of standing exotic forest species that had, or was likely at maturity to have, tree crown cover of an average width of less than 30 metres; and

    • “(b) no other merchantable timber from exotic forest species.”