Climate Change (Forestry Sector) Regulations 2008 (SR 2008/355)

2008/355

Crest

Climate Change (Forestry Sector) Regulations 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 29th day of September 2008

Present:
His Excellency the Governor-General in Council

Pursuant to sections 163, 167, and 168 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Climate Change (Forestry Sector) Regulations 2008.

2 Commencement
  • These regulations come into force on the day after the date of their notification in the Gazette.

3 Application
  • These regulations apply on and after 1 January 2008.

General provisions

4 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    Act means the Climate Change Response Act 2002

    class means a class defined in the International Code of Botanical Nomenclature (Vienna Code) 2006

    Douglas fir means the forest species Pseudotsuga menziesii

    emissions return period means the year or other period covered by an emissions return

    exotic hardwoods means exotic forest species in the class Magnoliopsida (angiosperms)

    exotic softwoods means exotic forest species in the class Coniferopsida (gymnosperms), other than Pinus radiata or Douglas fir

    post-1989 forest land participant means a person who is a participant under section 54(1)(b) of the Act in relation to an activity listed in Part 1 of Schedule 4 of the Act

    pre-1990 forest land participant means a person who is a participant under section 54(1)(a) of the Act in relation to an activity listed in Part 1 of Schedule 3 of the Act

    regenerate includes the commencement of growth as a result of a process other than planting

    region means a region specified in Schedule 1

    Registrar means a Registrar of the Maori Land Court, the Registrar-General of Land, or the Registrar of Deeds

    sub-area,—

    • (a) in relation to pre-1990 forest land, means any area of 1 or more hectares—

      • (i) that has the same forest type; and

      • (ii) that is in one region, if the forest type is Pinus radiata; and

      • (iii) where the trees of the forest type are the same age; and

    • (b) in relation to post-1989 forest land, means any area of 1 or more hectares within a carbon accounting area—

      • (i) that has the same forest type; and

      • (ii) that is in one region, if the forest type is Pinus radiata; and

      • (iii) where the trees of the forest type are the same age; and

      • (iv) where, if the area contains above ground residual wood and below ground roots from cleared trees that are to be treated as decaying under regulation 22(h), the trees that are decaying—

        • (A) are of the same forest type; and

        • (B) were the same age when cleared; and

        • (C) were cleared in the same year; and

        • (D) are located in one region, if the trees cleared were Pinus radiata

    timber has the same meaning as in section 2(1) of the Forests Act 1949.

    (2) Examples used in these regulations have the following status:

    • (a) an example is only illustrative of the provision to which it relates and does not limit the provision; and

    • (b) if an example and the provision to which it relates are inconsistent, the provision prevails.

5 Rounding
  • If a participant is required under these regulations to collect information or calculate emissions or removals in relation to an area in hectares, the area must—

    • (a) be rounded to the nearest whole hectare; or

    • (b) if the area consists of a whole number and half a hectare, be rounded up to the nearest whole hectare.

6 Mapping information
  • If these regulations require an application, notice, or emissions return to be submitted with geospatial mapping information about an area of land referred to in that application, notice, or emissions return, the information must be provided in the format prescribed by the chief executive under section 90 of the Act.

7 Chief executive may issue guidelines or standards
  • (1) The chief executive may, by notice in the Gazette, issue guidelines or standards in relation to the data or other information to be collected under regulation 14 or 19.

    (2) The chief executive may, by notice in the Gazette, amend or revoke a guideline or standard.

    (3) A participant who complies with a guideline or standard that is issued under this regulation, and is in force, is to be treated as complying with the requirements of these regulations to which the guideline or standard relates.

8 Fees and charges
  • (1) The fees and charges set out in Schedule 2 are payable to the chief executive in respect of the matters to which they relate.

    (2) The fees and charges are inclusive of any goods and services tax payable under the Goods and Services Tax Act 1985.

    (3) Subject to subclause (4), the fees and charges payable under these regulations are payable to the chief executive,—

    • (a) in the case of the fee for an application for registration or submission of an emissions return, at the time of making the application or submitting the return; and

    • (b) in the case of any other charge, upon an invoice issued by or on behalf of the chief executive and within the time specified in the invoice.

    (4) The chief executive may approve other arrangements for the payment of fees or charges by any person under this regulation.

9 Hourly rate costs
  • (1) Costs specified in these regulations as payable at an hourly rate must be calculated by—

    • (a) adding together the total number of 15-minute units spent by the person carrying out the function (including travel and waiting in respect of the function); and

    • (b) multiplying the total number of units by 25% of the applicable hourly rate.

    (2) To avoid doubt, a minimum charge of 25% of the hourly rate is payable if the time spent by the person carrying out the function is 15 minutes or less.

    (3) For the purposes of this regulation, 15-minute unit means—

    • (a) a period of 15 minutes:

    • (b) any remainder produced by dividing the total time spent carrying out the function by 15 minutes.

10 Notification of status of forest land
  • (1) This regulation applies if the chief executive—

    • (a) is satisfied that any forest land is pre-1990 forest land; or

    • (b) records any post-1989 forest land as a carbon accounting area in respect of which there is a post-1989 forest land participant; or

    • (c) declares any pre-1990 forest land to be exempt land under section 183 of the Act.

    (2) If this regulation applies, the chief executive must,—

    • (a) if the forest land is Māori land, give notice to the Registrar of the Maori Land Court in whose jurisdiction the land is located that the land is—

      • (i) pre-1990 forest land; or

      • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

      • (iii) exempt land under section 183 of the Act; or

    • (b) if the forest land is registered or provisionally registered under the Land Transfer Act 1952, give notice to the Registrar-General of Land that the land is—

      • (i) pre-1990 forest land; or

      • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

      • (iii) exempt land under section 183 of the Act; or

    • (c) if the forest land is registered under the Deeds Registration Act 1908, give notice to the Registrar of Deeds that the land is—

      • (i) pre-1990 forest land; or

      • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

      • (iii) exempt land under section 183 of the Act.

    (3) A notice under subclause (2)—

    • (b) may contain any additional information that the chief executive thinks fit; and

    • (c) must, if any pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act, or exempt land constitutes part of a greater area of land contained in a record of the Maori Land Court, computer register, or deeds index, indicate that only part of the land is—

      • (i) pre-1990 forest land; or

      • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

      • (iii) exempt land under section 183 of the Act.

11 Registrar to record notices in relation to status of forest land
  • A Registrar who receives notice under regulation 10 that land is pre-1990 forest land, post-1989 land that forms part of a carbon accounting area in respect of which a person is a participant under the Act, or exempt land under section 183 of the Act must record the notice in the appropriate record of the Maori Land Court, computer register, or deeds index relating to the land.

12 Cancellation of notices
  • (1) This regulation applies if—

    • (a) the chief executive has notified a Registrar under regulation 10 that any land is—

      • (i) pre-1990 forest land; or

      • (ii) post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Act; or

      • (iii) exempt land under section 183 of the Act; and

    • (b) the chief executive is satisfied that—

      • (i) any land, or part of any land, notified as—

        • (A) pre-1990 forest land is not, or has ceased to be, pre-1990 forest land; or

        • (B) post-1989 forest land is not, or has ceased to be, part of a carbon accounting area in respect of which a person is a participant under the Act; or

      • (ii) any land or part of the land notified as exempt land under section 183 of the Act is not or has ceased to be exempt land.

    (2) If this regulation applies, the chief executive must, by notice to the appropriate Registrar, cancel or partially cancel the notice given under regulation 10.

    (3) If a Registrar receives a notice from the chief executive under subclause (2), the Registrar—

    • (a) must amend the relevant Maori Land Court record, computer register, or deeds index relating to the land to reflect the cancellation or partial cancellation of the notice given under regulation 10; and

    • (b) may take any other action in respect of a Maori Land Court record, computer register, or deeds index for the land to ensure that the land is not noted as—

      • (i) pre-1990 forest land; or

      • (ii) post-1989 forest land that is part of a carbon accounting area in respect of which a person is a participant under the Act; or

      • (iii) exempt land under section 183 of the Act.

    (4) A notice under subclause (2) must be in form 2 of Schedule 3 and may contain such additional information as the chief executive thinks fit.

13 Applications for exemptions for pre-1990 forest land under section 183
  • An application for a declaration that pre-1990 forest land is exempt land under section 183 of the Act must be accompanied by geospatial mapping information about the area of land in respect of which the exemption is sought.

Pre-1990 forest land participants

14 Collection of information by pre-1990 forest land participants
  • (1) Subject to subclause (3), a pre-1990 forest land participant must collect the following information in relation to any pre-1990 forest land, other than exempt land, from which trees are cleared as part of deforestation by the participant in a year:

    • (a) the area, in hectares, of pre-1990 forest land from which trees are cleared; and

    • (b) in relation to each hectare of cleared land,—

      • (i) the forest type cleared; and

      • (ii) the age of the forest species cleared; and

      • (iii) if the forest species is Pinus radiata, the region or regions in which the pre-1990 forest land is located.

    (2) The rules specified in regulation 16 apply for the purposes of subclause (1)(b).

    (3) If a person becomes a pre-1990 forest land participant in a year due to the operation of—

    • (a) section 179, the information that must be collected by the participant under subclause (1) must relate to the trees cleared from the land 4 years, 10 years, or 20 years earlier (as relevant), whether or not those trees were cleared by the pre-1990 forest land participant; and

    • (b) section 181(3), the information that must be collected under subclause (1) must relate to the trees cleared from the pre-1990 forest land prior to the forest land being transferred to the pre-1990 forest land participant, or control of the forest land reverting to the pre-1990 forest land participant following the expiry or termination of the forestry right, Crown forest licence, lease, or other agreement that related to the land.

15 Method of calculating emissions for deforestation of pre-1990 forest land
  • (1) A pre-1990 forest land participant must calculate the emissions from each sub-area of pre-1990 forest land deforested by the participant in an emissions return period in accordance with the following formula:

    A × C = E

    where—

    A
    is the area, in hectares, of land in the sub-area
    C
    is the figure for carbon stock per hectare from table 1 or 2 in Schedule 4 that reflects—
    • (a) the forest type cleared from the sub-area; and

    • (b) the age of the trees cleared; and

    • (c) if the forest type is Pinus radiata, the region in which the sub-area is located

    E
    is the emissions in tonnes of carbon dioxide from the deforestation of the sub-area.

    (2) Application of the tables in Schedule 4 is subject to—

    • (b) section 186 of the Act, which provides special rules where the trees cleared from pre-1990 forest land are 8 years old or younger.

    (3) An emissions return submitted by a pre-1990 forest land participant must record the participant's total emissions from deforestation for the emissions return period determined by adding together the emissions from each sub-area, as calculated under subclause (1).

16 Rules for application of tables in Schedule 4
  • 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:

      Example

      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:

      Example

      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:

    • (d) the predominant forest species for the purposes of paragraph (c) is the forest species that constitutes the largest volume of timber:

      Example

      A hectare of pre-1990 forest land contains 2 main forest species when cleared, 1 from exotic hardwoods, and 1 from exotic softwoods. The trees from the exotic hardwoods constitute the largest volume of timber. The forest type for the purpose of applying the tables in Schedule 4 is exotic hardwoods.

    • (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:

      Example

      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 weighted average age of the trees of the forest type is to be taken as the age of the trees:

      Example

      A participant clears a hectare of intermingled Pinus radiata in Otago of which 70% are 30 years old and 30% are 15 years old. The age of those trees is their weighted average age of 25.5 years ((30 years x 0.7) + (15 years x 0.3) = 25.5 years).

    • (g) if, under paragraph (f),—

      • (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.

17 Emissions returns in relation to deforestation of pre-1990 forest land
  • An emissions return of a pre-1990 forest land participant must be accompanied by the following information in respect of each area of pre-1990 forest land, other than exempt land, deforested by the participant in the emissions return period:

    • (a) its legal description; and

    • (b) if relevant, the computer register reference or references or Maori Land Court records that pertain to the area; and

    • (c) geospatial mapping information.

Post-1989 forest land participants

18 Mapping information for post-1989 forest land
  • The geospatial mapping information specified in the second column of Schedule 5 must be submitted to the chief executive with the document specified in the first column of Schedule 5.

19 Collection of information by post-1989 forest land participants
  • (1) A post-1989 forest land participant must collect the following information in relation to each carbon accounting area in respect of which the participant is recorded as carrying out an activity listed in Part 1 of Schedule 4 of the Act in a year:

    • (a) the area, in hectares, of each forest type in the carbon accounting area and, in relation to each hectare of that forest type,—

      • (i) the name of the forest type; and

      • (ii) the age of the trees; and

      • (iii) if the forest species is Pinus radiata, the region or regions in which the post-1989 forest land is located; and

    • (b) the area, in hectares, of land cleared in the carbon accounting area and, in relation to each hectare of cleared land,—

      • (i) the forest type cleared; and

      • (ii) the age of the trees cleared; and

      • (iii) if the forest species is Pinus radiata, the region or regions in which the post-1989 forest land is located.

    (2) The rules specified in regulation 22 apply for the purposes of subclause (1).

20 Calculation of carbon stock changes by post-1989 forest land participants
  • (1) A post-1989 forest land participant must calculate the emissions or removals from each carbon accounting area covered by an emissions return for an emissions return period by subtracting the total tonnes of emissions from the sub-areas within the carbon accounting area for the period from the total tonnes of removals from the sub-areas within the carbon accounting area for the period.

    (2) A post-1989 forest land participant must calculate the emissions or removals from each sub-area within a carbon accounting area covered by an emissions return for the emissions return period by calculating the carbon stock change in that sub-area.

    (3) Carbon stock change must be calculated by determining the carbon stock for the sub-area at the beginning of the emissions return period (A) and the carbon stock of the sub-area at the end of the emissions return period (B), and subtracting A from B.

    (4) If the carbon stock change for a sub-area is—

    • (a) positive, the change is a removal; or

    • (b) negative, the change is an emission.

21 Calculation of carbon stock
  • (1) For the purposes of regulation 20, the carbon stock of a sub-area must be calculated by—

    • (a) using—

      • (i) tables 1 and 2 of Schedule 6 to calculate the carbon stock of the sub-area from growing trees (or where trees have been cleared as part of deforestation) (T1); and

      • (ii) if relevant, tables 3 and 4 of Schedule 6 to calculate the carbon stock of the sub-area from above ground residual wood and below ground roots from any cleared trees that are to be treated as decaying on the land under regulation 22(h) (T2); and

    • (b) adding together each of the figures for carbon stock referred to in subclause (1)(a) (T1 + T2).

    (2) The following formula must be used to calculate the carbon stock of a sub-area under subclause (1)(a)(i):

    A × C = T1

    where—

    A
    is the area, in hectares, of land in the sub-area
    C
    is the figure for carbon stock per hectare from table 1 or 2 in Schedule 6 that reflects—
    • (a) the forest type of the sub-area; and

    • (b) the age of the trees; and

    • (c) if the forest type is Pinus radiata, the region in which the sub-area is located

    T1
    is the carbon stock of the sub-area from growing trees (or where trees have been cleared as a part of deforestation), in tonnes of carbon dioxide.

    (3) The following formula must be used to calculate the carbon stock of a sub-area under subclause (1)(a)(ii):

    A × C × Y/10 = T2

    where—

    A
    is the area, in hectares, of land in the sub-area
    C
    is the figure for carbon stock per hectare in the above ground residual wood and below ground roots from cleared trees from table 3 or 4 in Schedule 6 that reflects—
    • (a) the forest type of the residual wood decaying on the sub-area; and

    • (b) the age of the trees when cleared; and

    • (c) where the forest type cleared was Pinus radiata, the region in which the sub-area is located

    Y
    is 10 minus the number of years up to 10 since the trees were cleared
    T2
    is the carbon stock of the sub-area from above ground residual wood and below ground roots from any cleared trees, in tonnes of carbon dioxide.

    (4) Application of the tables in Schedule 6 is subject to the rules in regulation 22.

22 Rules for application of tables in Schedule 6
  • The following rules must be used when applying the tables in Schedule 6 for the purposes of calculating carbon stock under regulation 21:

    • (a) the age of a tree is the number of years from the year of planting or regeneration of the tree, no matter when in the relevant year the tree was planted or regenerated, to (as the case may be)—

      • (i) the year of commencement of the emissions return period; or

      • (ii) the year of clearing of the tree, no matter when in that year the tree was cleared; or

      • (iii) the year in which the end of the emissions return period falls, unless the return ends on 31 December, in which case the age is to be calculated as at 1 January of the following year:

      Example

      A tree is planted at any time during 1995. An emissions return is submitted for the period 1 January 2008 to 31 December 2010. For the purposes of applying the tables in Schedule 6, the tree was 13 years old (2008 – 1995) at the start of the emissions return period and 16 years old (2011 – 1995) at the end of the period.

    • (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:

      Example

      An area of post-1989 forest land contains regenerating kanuka. The kanuka was last felled in 2008. For the purposes of determining the age of the trees under paragraph (a), the current kanuka 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; or

      • (v) indigenous forest if the predominant forest species on the land is indigenous:

    • (d) the predominant forest species for the purposes of paragraph (c) is the forest species that constitutes the largest volume of timber:

      Example

      A hectare of post-1989 forest land contains intermingled indigenous forest species and exotic softwoods (Pinus contorta). The forest species with the largest volume of timber is an indigenous forest species. The forest type for the purpose of applying the tables in Schedule 6 is indigenous forest.

    • (e) if the age of a tree calculated under paragraph (a) is older than the last age on the table for that forest type, the age for that tree is the last age on the table:

      Example

      Exotic hardwoods in an area of post-1989 forest land are calculated to be 27 years old. The entry for 25-year-old trees (the last age on table 2 of Schedule 6) is to be used.

    • (f) if a hectare of forest land contains trees of mixed ages, the weighted average age of the trees of the forest type is to be taken as the age of the trees:

      Example

      A participant has a hectare of intermingled Pinus radiata of which 70% are 30 years old and 30% are 15 years old. The age of those trees is their weighted average age of 25.5 years ((30 years x 0.7) + (15 years x 0.3) = 25.5 years).

    • (g) if, under paragraph (f),—

      • (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 trees of an exotic forest species have been cleared but the land has not been deforested, the residual wood from above ground residual wood and below ground roots from the cleared trees is to be treated as decaying for a period of 10 years from the year of clearing.


Schedule 1
Regions

r 4

Auckland means the region encompassing—

  • (a) the areas of land constituted by the Local Government (Auckland Region) Reorganisation Order 1989, Gazette 1989, p 2247 (as in force immediately before 1 January 1990) as—

    • (i) Auckland City; and

    • (ii) Franklin District; and

    • (iii) North Shore City; and

    • (iv) Manukau City; and

    • (v) Papakura District; and

    • (vi) Rodney District; and

    • (vii) Waitakare City; and

  • (b) the areas of land constituted by the Local Government (Northland Region) Reorganisation Order 1989, Gazette 1989, p 2391 (as in force immediately before 1 January 1990) as—

    • (i) Far North District; and

    • (ii) Kaipara District; and

    • (iii) Whangarei District; and

  • (c) the areas of land constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette 1989, p 2460 (as in force immediately before 1 January 1990) as—

    • (i) Hauraki District; and

    • (ii) Thames–Coromandel District

Bay of Plenty means the region encompassing the areas of land constituted by the Local Government (Bay of Plenty Region) Reorganisation Order 1989, Gazette 1989, p 2275 (as in force immediately before 1 January 1990) as—

  • (a) Kawerau District; and

  • (b) Opotiki District; and

  • (c) Rotorua District; and

  • (d) Tauranga District; and

  • (e) Western Bay of Plenty District; and

  • (f) Whakatane District

Canterbury/West Coast means the region encompassing—

  • (a) the areas of land constituted by the Local Government (Canterbury Region) Reorganisation Order 1989, Gazette 1989, p 2296 (as in force immediately before 1 January 1990) as—

    • (i) Ashburton District; and

    • (ii) Banks Peninsula District; and

    • (iii) Christchurch City; and

    • (iv) Hurunui District; and

    • (v) Mackenzie District; and

    • (vi) Selwyn District; and

    • (vii) Timaru District; and

    • (viii) Waimakariri District; and

    • (ix) Waimate District; and

  • (b) the areas of land constituted by the Local Government (West Coast Region) Reorganisation Order 1989, Gazette 1989, p 2517 (as in force immediately before 1 January 1990) as—

    • (i) Buller District; and

    • (ii) Grey District; and

    • (iii) Westland District; and

  • (c) the area of land constituted by the Local Government (Nelson–Marlborough Region) Reorganisation Order 1989, Gazette 1989, p 2375 (as in force immediately before 1 January 1990) as Kaikoura District; and

  • (d) the area of land comprising the Chatham Islands Territory, as defined by section 5 of the Chatham Islands Council Act 1995 (as in force immediately before 1 January 1996)

Gisborne means the area of land constituted by the Local Government (Gisborne Region) Reorganisation Order 1989, Gazette 1989, p 2328 (as in force immediately before 1 January 1990) as Gisborne District

Hawke’s Bay/Southern North Island means the region encompassing—

  • (a) the areas of land constituted by the Local Government (Hawke’s Bay Region) Reorganisation Order 1989, Gazette 1989, p 2334 (as in force immediately before 1 January 1990) as—

    • (i) Central Hawke’s Bay District; and

    • (ii) Hastings District; and

    • (iii) Napier City; and

    • (iv) Wairoa District; and

  • (b) the areas of land constituted by the Local Government (Manawatu–Wanganui Region) Reorganisation Order 1989, Gazette 1989, p 2351 (as in force immediately before 1 January 1990) as—

    • (i) Horowhenua District; and

    • (ii) Manawatu District; and

    • (iii) Palmerston North City; and

    • (iv) Rangitikei District; and

    • (v) Ruapehu District; and

    • (vi) Tararua District; and

    • (vii) Wanganui District; and

  • (c) the areas of land constituted by the Local Government (Taranaki Region) Reorganisation Order 1989, Gazette 1989, p 2445 (as in force immediately before 1 January 1990) as—

    • (i) New Plymouth District; and

    • (ii) South Taranaki District; and

    • (iii) Stratford District; and

  • (d) the areas of land constituted by the Local Government (Wellington Region) Reorganisation Order 1989, Gazette 1989, p 2491 (as in force immediately before 1 January 1990) as—

    • (i) Carterton District; and

    • (ii) Kapiti Coast District; and

    • (iii) Lower Hutt City; and

    • (iv) Masterton District; and

    • (v) Porirua City; and

    • (vi) South Wairarapa District; and

    • (vii) Upper Hutt City; and

    • (viii) Wellington City

Nelson/Marlborough means the region encompassing the areas of land constituted by the Local Government (Nelson–Marlborough Region) Reorganisation Order 1989, Gazette 1989, p 2375 (as in force immediately before 1 January 1990) as—

  • (a) Marlborough District; and

  • (b) Nelson City; and

  • (c) Tasman District

Otago means the region encompassing the areas of land constituted by the Local Government (Otago Region) Reorganisation Order 1989, Gazette 1989, p 2408 (as in force immediately before 1 January 1990) as—

  • (a) Central Otago District; and

  • (b) Clutha District; and

  • (c) Dunedin City; and

  • (d) Queenstown–Lakes District; and

  • (e) Waitaki District

Southland means the region encompassing the areas of land constituted by the Local Government (Southland Region) Reorganisation Order 1989, Gazette 1989, p 2430 (as in force immediately before 1 January 1990) as—

  • (a) Gore District; and

  • (b) Invercargill District; and

  • (c) Southland District

Waikato/Taupo means the region encompassing the areas of land constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette 1989, p 2460 (as in force immediately before 1 January 1990) as—

  • (a) Hamilton City; and

  • (b) Matamata–Piako District; and

  • (c) Otorohanga District; and

  • (d) South Waikato District; and

  • (e) Taupo District; and

  • (f) Waikato District; and

  • (g) Waipa District; and

  • (h) Waitomo District.

Schedule 2
Fees and charges payable for applications, and other matters relating to post-1989 forest land

r 8(1)

Matter in relation to which fee or charge is payable Fee or charge payable Fee or charge payable by

Application for registration as a participant in respect of an activity listed in Part 1 of Schedule 4 of the Act

 $550 plus $130 per hour in excess of 4.25 hours for checking and processing application 

Applicant

Submitting an emissions return under section 189, 191, or 193 of the Act

 $100 plus $130 per hour in excess of 45 minutes for processing emissions return 

Participant or other person who submits the return

Travel for the purposes of checking that land is post-1989 forest land

 $130 per hour plus disbursements at actual cost 

Applicant or participant

Schedule 3
Forms

rr 10(3)(a), 12(4)

Form 1
Notice of status of forest land

r 10(3)(a)

Section 195, Climate Change Response Act 2002

To the Registrar of the Maori Land Court at [specify location of court]/Registrar-General of Land/Registrar of Deeds*

The following land/Part of the following land* is—

  • †pre-1990 forest land under the Climate Change Response Act 2002

  • †post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Climate Change Response Act 2002

  • †pre-1990 forest land that is exempt land under section 183 of the Climate Change Response Act 2002.

*Select one.
†Select the paragraph that applies.
 
Description of land

[Insert legal description of land that is pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Climate Change Response Act 2002, or exempt land under section 183 of the Climate Change Response Act 2002, or contains such land, including the computer register reference (if relevant).]

Date:

Signature:

(chief executive)

Form 2
Cancellation or partial cancellation of notice

r 12(4)

Section 195, Climate Change Response Act 2002

To the Registrar of the Maori Land Court at [specify location of court]/Registrar-General of Land/Registrar of Deeds*

Notice [specify LTA or other reference number] of [date] gave notice that the land/ part of the land* in Part A of the Schedule of this notice was—

  • †pre-1990 forest land under the Climate Change Response Act 2002

  • †post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Climate Change Response Act 2002

  • †pre-1990 forest land that is exempt land under section 183 of the Climate Change Response Act 2002.

Please—

  • †cancel that notice

  • †cancel that notice in relation to the land in Part B of the Schedule of this notice.

*Select one.
†Select the paragraph that applies.

Date:

Signature:

(chief executive)

Schedule

Part A Description of land in regulation 10 notice

[Insert legal description of land from the previous notice under regulation 10.]

Part B Description of land that is not pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant, or exempt land

[Insert legal description of land that is not pre-1990 forest land, post-1989 forest land that forms part of a carbon accounting area in respect of which a person is a participant under the Climate Change Response Act 2002, or exempt land under section 183 of the Climate Change Response Act 2002, including the computer register reference (if relevant).]

Schedule 4
Tables of carbon stock per hectare for pre-1990 forest land

rr 15(1), (2), 16

Table 1
Carbon stock per hectare for Pinus radiata by region

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)AkW/TBOPGisH/SNIN/MC/WOS
9255225233290285187159191237
10265235237296286193174200240
11283251247308299196182197239
12306272263328317206187200248
13333296283352341221190210262
14363324307380368240198225281
15395354334410399262211243304
16429385362443431286226265330
17463418392476464313244290358
18498451423510498341265317389
19533485454544532370288346420
20568518485578566401312375452
21601551515611599431337406484
22634584545643631462362437517
23666615575674662492388468549
24696646603703692522415498581
25725676631732721551441529612
26753704657760749580467559643
27781733683787777609493588673
28807761709814804637519618704
29834788735840830666546648734
30860816760866857694572677764
31885842784891882721598706794
32909868808916907748623735823
33933894831940932775649763852
34956919854964956801674791880
35979943876988980827699819908
361 0029688981 0111 004852723846936
371 0249919191 0341 028877747873963
381 0461 0159401 0571 051901771900991
391 0681 0389611 0801 0759257949261 018
401 0901 0619811 1031 0989488179521 044
411 1111 0851 0021 1261 1229728409781 071
421 1331 1071 0221 1501 1459948621 0041 097
431 1551 1301 0421 1731 1691 0178841 0301 124
441 1761 1531 0631 1971 1931 0399051 0551 150
451 1981 1771 0831 2211 2181 0619261 0801 176
461 2211 2001 1031 2451 2421 0839471 1051 203
471 2431 2241 1241 2701 2671 1059681 1301 229
481 2661 2481 1441 2951 2931 1279881 1561 256
491 2891 2721 1661 3211 3191 1491 0081 1811 282
501 3131 2971 1871 3481 3461 1701 0281 2061 309
Key

Ak means Auckland

BOP means Bay of Plenty

C/W means Canterbury/West Coast

Gis means Gisborne

H/SNI means Hawke’s Bay/Southern North Island

N/M means Nelson/Marlborough

O means Otago

S means Southland

W/T means Waikato/Taupo

Table 2
Carbon stock per hectare for Douglas fir, exotic softwoods, and exotic hardwoods

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)Douglas firExotic softwoodsExotic hardwoods
9131137282
10135139310
11143144337
12155151364
13170161390
14187172414
15208185438
16230199460
17254214481
18281229502
19293245522
20308260541
21326276559
22347291576
23370307594
24394321610
25420335626
26446349 
27454363 
28475377 
29500390 
30524403 
31550416 
32576429 
33601442 
34629454 
35654466 
36682478 
37706490 
38732502 
39732513 
40753525 
41774536 
42795548 
43816559 
44837571 
45858582 
46878594 
47899606 
48919617 
49938629 
50957642 
51976  
52995  
531 013  
541 032  
551 050  
561 068  
571 086  
581 103  
591 121  
601 138  
611 155  
621 171  
631 188  
641 204  
651 220  
661 235  
671 251  
681 266  
691 281  
701 296  
711 310  
721 324  
731 338  
741 352  
751 366  
761 379  
771 392  
781 405  
791 417  
801 430  

Schedule 5
Geospatial mapping information that must be submitted to chief executive with specified documents

r 18

Document Geospatial mapping information

Application to be registered as a participant under section 57 of the Act in respect of an activity listed in Part 1 of Schedule 4 of the Act

 

Geospatial mapping information about each carbon accounting area in respect of which the applicant applies to be recorded as a participant

Application to add a carbon accounting area under section 188(2) of the Act

 

Geospatial mapping information about each carbon accounting area the participant is applying to add

Application to remove land from a carbon accounting area under section 188(2) of the Act

 

Geospatial mapping information about the remaining carbon accounting area

Notice under section 188(2) of the Act that a person has ceased to carry out an activity listed in Part 1 of Schedule 4 of the Act in respect of part of a carbon accounting area

 

Geospatial mapping information about each of—

  • (a) the part of the carbon accounting area in respect of which the person has ceased to carry out the activity; and

  • (b) the remainder of the carbon accounting area

Notice under section 192(2) of the Act of—

  • (a) transfer of post-1989 forest land, a registered forestry right, registered lease, or Crown conservation contract in relation to post-1989 forest land, if the transfer relates to part of a carbon accounting area; or

  • (b) registration of a forestry right or lease over post-1989 forest land, or entry into a Crown conservation contract in relation to post-1989 forest land, if the forestry right or lease or Crown conservation contract relates to part of a carbon accounting area

 

Geospatial mapping information about each of—

  • (a) the part of the carbon accounting area transferred, or covered by the transferred forestry right, lease, or Crown conservation contract; or in respect of which a forestry right or lease is registered, or Crown conservation contract is entered into; and

  • (b) the remainder of the carbon accounting area

Notice under section 193 of the Act of expiry or termination of a registered forestry right, registered lease, or Crown conservation contract that relates to part of a carbon accounting area

 

Geospatial mapping information about each of—

  • (a) the part of the carbon accounting area in respect of which the registered forestry right, lease, or Crown conservation contract expired or was terminated; and

  • (b) the remainder of the carbon accounting area

Schedule 6
Tables of carbon stock per hectare for post-1989 forest land

rr 21, 22

Table 1
Carbon stock per hectare for Pinus radiata by region

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)AkW/TBOPGisH/SNIN/MC/WOS
10.50.40.40.60.50.20.20.30.2
2332431121
38761093253
42925243734125914
5595051777128152635
698848412111348314965
713111111816215573537299
81531301431901851007694134
9166142155201197117101124160
10188163169219210132125141174
11217188188242233144139146181
12249218212270260161150156198
13283249239302291182158172219
14320283269336325206170192244
15357318300372361232186214272
16396354333410398260205240302
17435391367447436290226268334
18473428401485473322249298367
19511464435522510353274329401
20549500468558547386300361435
21585536501594582418326394470
22620570533628617450353426504
23653603564661650482380458538
24685636593692681513408490571
25715666622722712543435521604
26745696650751741573461552635
27773726677779769603488583667
28801755704807797632515613698
29828783730834825661542644729
30855811755861852690569674760
31880838780886878718595703790
32905865804912903745621732820
33930891828937929772647761849
34954916851961953799672789878
35977941873985978825697817906
361 0009658961 0091 002850722845934
371 0229909171 0321 026875746872962
381 0441 0139381 0551 050900770899989
391 0661 0379591 0791 0739247939251 016
401 0881 0609801 1021 0979478169511 043
411 1101 0831 0011 1251 1219718399781 070
421 1321 1061 0211 1481 1449948611 0031 097
431 1541 1301 0421 1721 1681 0168831 0291 123
441 1761 1531 0621 1961 1921 0399051 0541 149
451 1981 1761 0821 2201 2171 0619261 0801 176
461 2201 1991 1031 2441 2421 0839471 1051 202
471 2431 2231 1231 2691 2671 1059671 1301 229
481 2661 2471 1441 2951 2921 1269881 1551 255
491 2891 2721 1651 3211 3191 1481 0081 1811 282
501 3131 2961 1871 3471 3451 1701 0281 2061 309
Key

Ak means Auckland

BOP means Bay of Plenty

C/W means Canterbury/West Coast

Gis means Gisborne

H/SNI means Hawke’s Bay/Southern North Island

N/M means Nelson/Marlborough

O means Otago

S means Southland

W/T means Waikato/Taupo

Table 2
Carbon stock per hectare for Douglas fir, exotic softwoods, exotic hardwoods, and indigenous forest

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)Douglas firExotic softwoodsExotic hardwoods Indigenous forest
10.10.20.1 3
20.113 6
30.4313 9
411234 12
522663 15
644598 18
7763137 21
82077176 24
93387214 27
105095251 30
1169106286 33
1290118320 36
13113132351 39
14138147381 42
15165163409 45
16193180435 48
17222197459 51
18253214483 54
19268232505 57
20286249526 60
21307266546 63
22331283565 66
23355299584 69
24382315601 72
25409330618 75
26436344  78
27445359  81
28468373  84
29493387  87
30518400  90
31545414  93
32572427  96
33597440  99
34625452  102
35650465  105
36679477  108
37704489  111
38730501  114
39730512  117
40751524  120
41772536  123
42794547  126
43815559  129
44836570  132
45857582  135
46878593  138
47898605  141
48918617  144
49938629  147
50957641  150

Table 3
Carbon stock per hectare in above ground residual wood and below ground roots from cleared Pinus radiata by region

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)AkW/TBOPGisH/SNIN/MC/WOS
10.50.40.40.60.50.20.20.30.2
2332431121
38761093253
42925243734125914
5484443555228152635
6696161817743314350
792828210810457445768
81139910313413071567288
9128112121155150897184111
1013311713116516010085105130
11140124134167163112101119141
12150133139173168115112124142
13161143146180175120123124145
14173155155190185126122128151
15186167164201195134125133158
16199180175212207143128141167
17213193186224219153134149177
18227206198237232164140159187
19241220210249244175147169199
20254233222262257187156180211
21268246233274269199164191223
22281259245287282210174202235
23293272257298293222183214248
24305284268310305234193226260
25317296278321316245203237272
26328308289331327257213249284
27339319299342337268223260296
28350331310352348280233272308
29360342320363358291243283319
30371353330373369302253295331
31382365340384379314264307344
32392376351394390326276319356
33403387361405401338287332369
34413398371415411349298343381
35423409380425421361308355393
36433420390435431372319367405
37443430399445441383330379417
38452441409455452393340390429
39462451418465462404351402440
40471461427475472414361413452
41481472436485482425371424464
42491482445495492435381436475
43500492454505503445391447487
44510502463516513455401458498
45520513472526524465410469510
46530523481537535475420480521
47540534491548546485429491533
48550545500559557495438502545
49561556510571568504447513557
50571567519583580514457525569
Key

Ak means Auckland

BOP means Bay of Plenty

C/W means Canterbury/West Coast

Gis means Gisborne

H/SNI means Hawke’s Bay/Southern North Island

N/M means Nelson/Marlborough

O means Otago

S means Southland

W/T means Waikato/Taupo

Table 4
Carbon stock per hectare in above ground residual wood and below ground roots from cleared Douglas fir, exotic softwoods, and exotic hardwoods

(expressed as tonnes of carbon dioxide per hectare)

Age (yrs)Douglas firExotic softwoodsExotic hardwoods
10.10.20.1
20.113
30.4313
411234
522648
644164
775283
82064101
93173119
103980136
114883152
125786166
136790178
147794190
158999200
16100104210
17112110219
18125116227
19159122234
20169128242
21187134248
22194140255
23200146262
24208152268
25216157274
26225163 
27233168 
28239174 
29247179 
30255184 
31265190 
32274196 
33283202 
34294208 
35303213 
36315219 
37324224 
38335230 
39342235 
40350240 
41357246 
42365251 
43373256 
44381262 
45389267 
46397273 
47405278 
48413284 
49421289 
50429295 

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the day after the date of their notification in the Gazette,—

  • set out the data and information obligations of pre-1990 forest land participants and post-1989 forest land participants; and

  • prescribe the methods for calculating—

    • emissions from deforestation of pre-1990 forest land; and

    • emissions and removals for post-1989 forest land; and

  • specify—

    • the mapping information to be provided with applications and returns; and

    • the fees for post-1989 forest land participants; and

    • the requirements and forms for notifying the status of forest land to Registrars.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 2 October 2008.

These regulations are administered by the Ministry of Agriculture and Forestry.