to provide independent, expert advice to the Government on mitigating climate change (including through reducing emissions of greenhouse gases) and adapting to the effects of climate change; and

to monitor and review the Government’s progress towards its emissions reduction and adaptation goals.

a Chairperson:

a Deputy Chairperson:

5 other members.

the person has been nominated by the nominating committee; and

the Minister has had regard to the matters in section 5H; and

the Minister has consulted representatives of all political parties in Parliament.

the Chairperson of the Commission; and

4 or more other people who, in the opinion of the Minister, have the relevant skills or experience to identify suitably qualified candidates.

publicly call for expressions of interest in being appointed; and

consult any person or group who may have an interest in being a member of the Commission, including—

an understanding of climate change mitigation and adaptation, including the likely effects of any responses to climate change; and

experience working in or with local and central government; and

knowledge of the process by which public and regulatory policy is formed and given effect to; and

technical and professional skills, experience, and expertise in, and an understanding of innovative approaches relevant to,—

to review the 2050 target and, if necessary, recommend changes to the target (see sections 5OA to 5Q):

to provide advice to the Minister to enable the preparation of emissions budgets (see section 5X):

to recommend any necessary amendments to emissions budgets (see section 5ZB):

to provide advice to the Minister about the quantity of emissions that may be banked or borrowed between 2 adjacent emissions budget periods (see section 5ZC):

to provide advice to the Minister to enable the preparation of an emissions reduction plan (see section 5ZE):

to monitor and report on progress towards meeting emissions budgets and the 2050 target (see sections 5ZG to 5ZI):

to prepare national climate change risk assessments (see section 5ZN):

to prepare reports on the implementation of the national adaptation plan (see section 5ZS):

to provide other reports requested by the Minister (see section 5K).

the scope of the report; and

requirements concerning consultation; and

matters relating to the Commission working jointly with other agencies (including overseas agencies) concerned with the subject matter of the report; and

the date by which the Commission must submit its report to the Minister.

as soon as practicable, make the terms of reference publicly available; and

prepare a report in accordance with the terms of reference; and

provide the report to the Minister.

10 working days after the document is provided to the Minister; and

if Parliament is not in session during the 10 working days after the document is provided to the Minister, as soon as practicable after the commencement of the next session of Parliament.

current available scientific knowledge; and

existing technology and anticipated technological developments, including the costs and benefits of early adoption of these in New Zealand; and

the likely economic effects; and

social, cultural, environmental, and ecological circumstances, including differences between sectors and regions; and

the distribution of benefits, costs, and risks between generations; and

the Crown-Māori relationship, te ao Māori (as defined in section 5H(2)), and specific effects on iwi and Māori; and

responses to climate change taken or planned by parties to the Paris Agreement or to the Convention.

proactively engage with persons the Commission considers relevant to the functions, duties, and powers; and

where the Commission considers it is necessary, provide for participation by the public.

publish and invite submissions on discussion papers and draft reports; and

undertake any other type of consultation that it considers necessary for the performance of its functions and duties under this Act.

recommending unit supply settings of the New Zealand emissions trading scheme; and

providing advice about New Zealand’s nationally determined contributions under the Paris Agreement (in a report requested under section 5K).

with the consent of the person to whom the information relates or of the person to whom the information is confidential; or

to the extent that the information is already in the public domain; or

for the purposes of, or in connection with, reporting requirements of the Public Finance Act 1989; or

as provided under this Act or any other Act; or

in connection with any investigation or inquiry (whether or not preliminary to any proceedings) in respect of, or any proceedings for, an offence against this Act or any other Act.

net accounting emissions of greenhouse gases in a calendar year, other than biogenic methane, are zero by the calendar year beginning on 1 January 2050 and for each subsequent calendar year; and

emissions of biogenic methane in a calendar year—

when preparing advice under section 5X on setting an emissions budget for an emissions budget period beginning on or after 2036; and

at any other time the Minister requests a review.

at the same time as giving advice to the Minister on setting an emissions budget (in the case of a review required under subsection (1)(a)); or

as soon as practicable following completion of the review (in the case of a review requested by the Minister).

the time frame for achievement of the 2050 target (or part of the target):

the levels of emission reductions required by the 2050 target (or part of the target):

the greenhouse gases, emissions, and removals to which the 2050 target (or part of the target) applies:

how the 2050 target (or part of the target) may be met, including limits on removals and offshore mitigation.

significant change has occurred, or is likely to occur, since the commencement of this section to 1 or more of the following, as they relate to climate change:

the Commission is satisfied that the significant change justifies the change to the target.

with a view to meeting the 2050 target and contributing to the global effort under the Paris Agreement to limit the global average temperature increase to 1.5° Celsius above pre-industrial levels; and

in a way that allows those budgets to be met domestically; and

that provides greater predictability for all those affected, including households, businesses, and investors, by giving advance information on the emissions reductions and removals that will be required.

for the emissions budget period 2022 to 2025, by 31 December 2021:

for the emissions budget period 2026 to 2030, by 31 December 2021:

for the emissions budget period 2031 to 2035, by 31 December 2021:

for the emissions budget period 2036 to 2040, by 31 December 2025:

for the emissions budget period 2041 to 2045, by 31 December 2030:

for the emissions budget period 2046 to 2050, by 31 December 2035:

for any subsequent emissions budget period, by 31 December not less than 10 years before that emissions budget period commences.

that affects the considerations on which the relevant emissions budget was based; and

that affects the ability to meet the relevant emissions budget domestically.

the recommended quantity of emissions that will be permitted in each emissions budget period; and

the rules that will apply to measure progress towards meeting emissions budgets and the 2050 target; and

how the emissions budgets, and ultimately the 2050 target, may realistically be met, including by pricing and policy methods; and

the proportions of an emissions budget that will be met by domestic emissions reductions and domestic removals, and the amount by which emissions of each greenhouse gas should be reduced to meet the relevant emissions budget and the 2050 target; and

the appropriate limit on offshore mitigation that may be used to meet an emissions budget, and an explanation of the circumstances that justify the use of offshore mitigation (see section 5W).

make the proposed advice publicly available and invite comments on that advice; and

allow adequate time and opportunity for any submissions to be received, heard, and considered by the Commission.

in the case of the first 3 emissions budgets, not later than 1 February 2021:

in the case of all subsequent emissions budgets, at least 12 months before an emission emissions budget must be notified under section 5ZA (or at least 15 months before, if a general election is to take place in that year).

make the proposed emissions budget publicly available; and

allow adequate time and opportunity for any submissions to be received, heard, and considered by the Minister.

responds to the advice received from the Commission; and

includes a proposed emissions budget for the relevant emissions budget period; and

is presented to the House of Representatives and made publicly available.

decide whether it is necessary to further consult persons likely to have an interest in the emissions budget; and

explain the reasons for any departures from the Commission’s advice in the response provided under subsection (1).

the Commission, when it is preparing advice for the Minister under section 5X:

the Minister, when the Minister is determining an emissions budget.

have particular regard to how the emissions budget and 2050 target may realistically be met, including consideration of—

have regard to the following matters:

notified in the Gazette, stating the date on which the emissions budget period commences and ends; and

presented by the Minister to the House of Representatives; and

made publicly available at the direction of the Minister.

there have been methodological improvements to the way that emissions are measured and reported; or

1 or more significant changes have affected the considerations listed in section 5Z(2) on which an emissions budget was based.

take into account—

follow the procedure set out in sections 5Y and 5ZA.

after an emissions budget period has begun, unless the circumstances are exceptional; or

after the end of the emissions budget period to which it relates; or

in any way other than that required if any of the circumstances described in subsection (1) or (1A) apply.

the matters described in subsection (1)(a) and (b); and

the prohibition on revising an emissions budget (see subsection (6)) and any exceptional circumstances that led to the Minister’s decision (see subsection (6)(a)).

the Commission must, in its report on an emissions budget period, provide advice on the quantity of emissions that may be banked or borrowed between 2 adjacent emissions budget periods; and

the Minister must have regard to that advice.

after the relevant emissions budget has been notified under section 5ZA; but

before the commencement of the relevant emissions budget period.

sector-specific policies to reduce emissions and increase removals; and

a multi-sector strategy to meet emissions budgets and improve the ability of those sectors to adapt to the effects of climate change; and

a strategy to mitigate the impacts that reducing emissions and increasing removals will have on employees and employers, regions, iwi and Māori, and wider communities, including the funding for any mitigation action; and

any other policies or strategies that the Minister considers necessary.

consider the advice received from the Commission under section 5ZE for meeting emissions budgets; and

ensure that the consultation has been adequate, including with sector representatives, affected communities, and iwi and Māori, and undertake further consultation as the Minister considers necessary.

using the same process as required for preparing the plan; or

in the case of a minor or technical change, without repeating the process used for preparing the plan.

make an emissions reduction plan publicly available 12 months before the commencement of a budget period; and

present a copy of each emissions reduction plan to the House of Representatives.

measured emissions; and

measured removals.

the latest projections for current and future emissions and removals; and

an assessment of the adequacy of the emissions reduction plan and progress in its implementation, including any new opportunities to reduce emissions.

sets out the Minister’s response to the Commission’s report and recommendations; and

describes the progress made in implementing the current emissions reduction plan; and

notes any amendments to that plan.

an evaluation of how well the emissions reduction plan has contributed to that progress; and

recommendations on any banking and borrowing that would be appropriate; and

an assessment of the amount of offshore mitigation required to meet the emissions budget for the period to which the report relates, subject to the limit proposed by the Commission under section 5X(1)(e).

not later than 3 months after receiving the Commission’s report; or

if Parliament is not in session, as soon as practicable after the commencement of the next session of Parliament.

provide reasons for any failure to meet the relevant emissions budget and for any departures from the Commission’s recommendations; and

be made publicly available.

brings the declaration to the attention of the House of Representatives; and

contains advice on the Government’s response to the declaration.

the 2050 target; or

an emissions budget; or

an emissions reduction plan.