Supplementary Order Paper No 238 (released 01 September 2008)

Supplementary Order Paper by clause reference

Clause 43: new section 168

Subsection (1): to omit registered as a participant in relation to (lines 23 and 24 on page 191) and substitute a participant in respect of.

Subsection (1): to omit 4, (line 25 on page 191) and substitute 4.

Subsection (1): to omit that land (line 27 on page 191) and substitute that land,.

Subsection (1): to insert after surrendered (line 28 on page 191) for emissions from the land, calculated in accordance with subsection (2).

Subsections (2), (2A), (2B), (3), and (4): to omit these subsections (line 29 on page 191 to line 27 on page 193) and substitute the following subsections:

  • (2) To determine the maximum number of units required to be surrendered in respect of a carbon accounting area in respect of any emissions return (or, where relevant, in respect of an emissions return under section 168A or 169, in respect of part of a carbon accounting area), a person must—

    • (a) determine the net number of New Zealand units transferred for removals from the carbon accounting area in respect of any emissions returns submitted since a participant was recorded as carrying out an activity listed in Part 1 of Schedule 4 in respect of the land (that is, the number of units transferred for removals less any units repaid under section 111(6) or 167(4)); and

    • (b) determine the net number of units surrendered in respect of emissions from the carbon accounting area in respect of any emissions returns submitted since a participant was recorded as carrying out an activity listed in Part 1 of Schedule 4 in respect of the land (that is, the number of units surrendered, less any units reimbursed under section 112 or 167(3B)); and

    • (c) if the area is—

      • (i) a whole carbon accounting area, subtract the number of units referred to in paragraph (b) from the number of units referred to in paragraph (a); or

      • (ii) part of a carbon accounting area,—

        • (A) take the number of units determined by subtracting the number of units referred to in paragraph (b) from the number of units referred to in paragraph (a); and

        • (B) divide that number by the number of hectares in the carbon accounting area; and

        • (C) multiply that number by the number of hectares in the part of the carbon accounting area in respect of which the return is submitted.

  • (3) For the purposes of this section,—

    • (a) any units issued in respect of the post-1989 forest land while it was the subject of a forest sink covenant under the Forests Act 1949 must be treated as New Zealand units transferred under this Act in respect of removals from the post-1989 forest land; and

    • (b) units transferred for removals, surrendered, repaid, or reimbursed in respect of a carbon accounting area include units that a person would have been entitled to receive, or would have been required to surrender or repay, in respect of a carbon accounting area but which were not actually transferred, surrendered, repaid, or reimbursed because of an election under section 167(4).