New Zealand Legislation: Regulations
Regulations are laws made under Acts
The following rules must be used when applying the tables in Schedule 4 for the purpose of calculating emissions under regulation 15:
(a) the age of a tree is the number of years from the year of planting or regeneration of the tree to the year of clearing of the tree, no matter when in the relevant year the tree was planted, regenerated, or cleared:
A tree is planted at any time in 1985 and felled at any time during 2011. For the purposes of applying the tables in Schedule 4, the tree is 26 years old.
(b) if a tree regenerates on land on which a forest species was cleared immediately prior to the regeneration, the tree is to be treated for the purposes of paragraph (a) as having regenerated in the year following the year in which the forest species was cleared:
An area of forest land contains regenerating Douglas fir. The Douglas fir was last harvested from the land in 2008. For the purposes of determining the age of the trees under paragraph (a), the current Douglas fir is treated as having regenerated in 2009.
(c) the forest type of a hectare of forest land is—
(i) Pinus radiata if the predominant forest species on the land is Pinus radiata; or
(ii) Douglas fir if the predominant forest species on the land is Douglas fir; or
(iii) exotic softwoods if the predominant forest species on the land is an exotic softwood; or
(iv) exotic hardwoods if the predominant forest species on the land is an exotic hardwood:
(v) indigenous forest if the predominant forest species on the land is indigenous:
(d) [Revoked]
(e) if trees cleared from land are older than the last age on the table for that forest type, the age for those trees is the last age on the table:
An area of forest land is cleared of 58-year-old exotic softwoods. The figure for carbon stock per hectare for 50-year-old trees (the last age on table 2 in Schedule 4) is to be used.
(f) if a hectare of forest land contains trees of mixed ages, the age of the trees is to be calculated as a weighted average by—
(i) determining—
(A) the total basal area of all the trees; and
(B) the total basal area of the trees of each age group; and
(C) the fraction of the total basal area of each age group with respect to the total basal area of all the trees (by dividing the value obtained under subsubparagraph (B) by the value obtained under subsubparagraph (A)); and
(ii) for the trees of each age group, multiplying the age of the age group by the value obtained in subparagraph (i)(C); and
(iii) adding together the results for all the age groups:
A participant has a hectare of intermingled Pinus radiata of 2 ages: 30-year-old trees and 15-year-old trees. The 30-year-old trees comprise 70% of the total basal area and the 15-year-old trees comprise 30% of the total basal area. The age of the trees is their basal area-weighted average age of 25.5 years ((30 years × 0.7) + (15 years × 0.3) = 25.5 years), which is rounded to 26 years.
(fa) if a hectare of forest land contains regenerating indigenous forest species of mixed ages as the predominant forest species, the age of all of the trees in that hectare is calculated from the time since regeneration of the first of the indigenous forest species in that hectare began:
(g) if, under paragraph (f) or (fa),—
(i) the age of the trees is not a whole number, the age must be rounded to the nearest whole number:
(ii) the age of the trees includes 0.5 of a year, the number must be rounded up to the nearest whole number:
(h) if a hectare of forest land contains trees of both mixed species and mixed ages, the average age of the trees in that hectare—
(i) is that of the predominant forest species; and
(ii) is determined—
(A) in the manner specified in paragraph (f) by using values of the basal area for the predominant forest species only; or
(B) in the case of regenerating indigenous forest species, in accordance with paragraph (fa).
Regulation 16(c)(v): added, on 19 June 2011, by regulation 8(1) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 16(d): revoked, on 1 October 2010, by regulation 6(1) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 16(f): substituted, on 1 October 2010, by regulation 6(2) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 16(fa): inserted, on 19 June 2011, by regulation 8(2) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 16(g): amended, on 19 June 2011, by regulation 8(3) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
Regulation 16(h): added, on 1 October 2010, by regulation 6(3) of the Climate Change (Forestry Sector) Amendment Regulations 2010 (SR 2010/183).
Regulation 16(h)(ii): substituted, on 19 June 2011, by regulation 8(4) of the Climate Change (Forestry Sector) Amendment Regulations 2011 (SR 2011/138).
