New Zealand Legislation: Supplementary Order Papers

“168A Ceasing to be registered as participant in respect of post-1989 forest land

• “(1) Subject to section 168B, a person who is or was a participant in respect of an activity listed in Part 1 of Schedule 4 must submit an emissions return to the chief executive within 20 working days of—

  • “(a) being removed from the register in respect of that activity; or

  • “(b) ceasing to be a participant in respect of all or part of any carbon accounting area in respect of which the person is recorded as carrying out the activity under section 166; or

  • “(c) removing land from a carbon accounting area or removing a carbon accounting area from the land in respect of which the person is recorded as a participant under section 166.

  “(2) The emissions return must—

  • “(a) set out the carbon accounting area or areas to which the emissions return relates (that, if the person has been removed from the register in respect of an activity listed in Part 1 of Schedule 4, must include all carbon accounting areas in respect of which the person was, immediately prior to being removed from the register, recorded as a participant); and

  • “(b) if the return is submitted because the person is ceasing to carry out the activity in respect of part of a carbon accounting area or is removing land from a carbon accounting area under section 166, identify the part of the carbon accounting area in respect of which the person is ceasing to carry out the activity or which the person is removing from the carbon accounting area; and

  • “(c) state the maximum number of units that could be required to be surrendered in respect of each carbon accounting area, or part of a carbon accounting area, covered by the return calculated in accordance with section 168(2); and

  • “(d) be accompanied by any prescribed fee and other prescribed information; and

  • “(e) be signed by the participant or former participant.

  “(3) A person required to submit an emissions return in accordance with this section must, by the same date by which a return is required to be submitted under subsection (1), surrender the total number of units that could be required to be surrendered for the post-1989 forest land covered by the return (calculated by adding together the figures for each carbon accounting area referred to in subsection (2)(c) together).

  “(4) An emissions return under this section must be submitted in the prescribed manner and format.

“168B Transfer of registration as participant in respect of post-1989 forest land

• “(1) Despite anything in this Act,—

  • “(a) if any post-1989 forest land, registered forestry right, registered lease, or Crown conservation contract in respect of which a person is a participant in respect of an activity listed in Part 1 of Schedule 4 is transferred, including by way of sale, assignment, or transmission,—

    • “(i) the person from whom it is transferred (the transferor) ceases, from the date of transfer, to be the participant under this Act; and

    • “(ii) the person to whom the forest land, registered forestry right, registered lease, or Crown conservation contract is transferred (the transferee) is, from the date of transfer, the participant in respect of the activity relating to that post-1989 forest land; or

  • “(b) if a forestry right or lease is registered, or a Crown conservation contract is entered into, in respect of post-1989 forest land in respect of which the landowner is registered as a participant in respect of owning that land,—

    • “(i) the landowner ceases, from the date of registration of the forestry right or lease, or the date of entry into the Crown conservation contract, as applicable, to be the participant under this Act; and

    • “(ii) the holder of the registered forestry right or registered lease, or the other party to the Crown conservation contract, as applicable (the new participant), is, from the date of registration of the forestry right or lease or the date of entry into the contract, the participant in respect of the relevant activity listed in Part 1 of Schedule 4 in respect of the post-1989 forest land.

  “(2) If subsection (1)(a) or (b) applies,—

  • “(a) in the case of a transferor and transferee, the transferor and transferee must, within 10 working days of the date of transfer of the land, registered forestry right, or registered lease, or the Crown conservation contract (or, in the case of transmission, as soon as practicable), notify the chief executive of the transfer; and

  • “(b) in the case of a landowner and a new participant, the landowner and new participant must, within 10 working days of the date of registration of the forestry right or lease, or the date of entry into the Crown conservation contract, notify the chief executive of the registration of the forestry right or lease, or the entry into the contract; and

  • “(c) the transferor or landowner (as the case may be) is not required to comply with section 168A.

  “(3) A notice under subsection (2) must be—

  • “(a) in the prescribed form; and

  • “(b) accompanied by any prescribed fee and any prescribed information; and

  • “(c) signed by both the transferor and the transferee, or the landowner and the new participant (as the case may require).

  “(4) Following receipt of a notice complying with subsection (3), the chief executive must,—

  • “(a) if the transferee or new participant is—

    • “(i) not already registered under section 57, enter the transferee’s or new participant’s name on the register kept under section 57 as a participant in respect of the relevant activity listed in Part 1 of Schedule 4; or

    • “(ii) already registered under section 57, amend that registration, if necessary, to show that the transferee or new participant is now a participant in respect of the relevant activity listed in Part 1 of Schedule 4; or

  • “(b) if the transferor or landowner is registered under section 57 only in respect of carrying out the activity in respect of the post-1989 forest land, registered forestry right or registered lease, or Crown conservation contract that has been transferred or in respect of which a forestry right or lease has been registered, or a Crown conservation contract has been entered into, remove the transferor’s or landowner’s name from the register in respect of the relevant activity listed in Part 1 of Schedule 4; or

  • “(c) if the transferor, landowner, transferee, or new participant is registered under section 57 as a participant other than in respect of the post-1989 forest land, registered forestry right or registered lease, or Crown conservation contract that has been transferred or in respect of which a forestry right or lease has been registered, or a Crown conservation contract has been entered into, update the chief executive’s records to reflect the changes to the post-1989 forest land in respect of which the person is recorded as a participant; or

  • “(d) as applicable, give notice to the transferor and transferee, or landowner and new participant, that the chief executive has taken the action in paragraph (a), (b), or (c).

  “(5) To avoid doubt, for the purposes of section 54(3), a transferor or landowner—

  • “(a) continues to be liable in respect of any obligations that arose while the transferor or landowner was a participant (for example, in respect of the filing of returns and surrendering of units required under section 167); and

  • “(b) is entitled to be transferred New Zealand units in respect of removals covered by any emissions return submitted prior to the relevant transfer or registration of a forestry right or lease, or entry into of a Crown conservation contract; and

  • “(c) is not required to notify the chief executive separately under section 59 if the result of the transfer is that the transferor is ceasing to carry out the activity.

“169 Transfer of registration on expiry or termination of registered forestry right, registered lease, or Crown conservation contract in relation to post-1989 forest land

• “(1) Despite anything in this Act, if a registered forestry right, registered lease, or Crown conservation contract in respect of which a person is a participant in respect of an activity listed in Part 1 of Schedule 4 expires or is terminated,—

  • “(a) the person (the former participant) ceases, from the date of expiry or termination, to be the participant; and

  • “(b) the landowner of the post-1989 forest land covered by the registered forestry right, registered lease, or Crown conservation contract is, from the date of expiry or termination, the participant in respect of that post-1989 forest land; and

  • “(c) the former participant and landowner must jointly notify the chief executive within 10 working days of the transfer or expiry or termination; and

  • “(d) the former participant is not required to comply with section 168A, but must instead, within 20 working days, submit an emissions return that complies with subsection (4).

  “(2) A notice under subsection (1) must be—

  • “(a) in the prescribed form; and

  • “(b) accompanied by any prescribed fee and any prescribed information; and

  • “(c) signed by both the former participant and the landowner.

  “(3) Following receipt of a notice complying with subsection (2), the chief executive must,—

  • “(a) if the landowner is—

    • “(i) not already registered under section 57, enter the landowner’s name on the register kept under section 57 as a participant in respect of the relevant activity listed in Part 1 of Schedule 4; or

    • “(ii) already registered under section 57, amend that registration, if necessary, to show that the landowner is now a participant in respect of the relevant activity listed in Part 1 of Schedule 4:

  • “(b) if the former participant is registered under section 57 only in respect of carrying out the activity in respect of the forestry right or lease, or a Crown conservation contract that has expired or has been terminated, remove the former participant’s name from the register in respect of the relevant activity listed in Part 1 of Schedule 4:

  • “(c) if the former participant or landowner is registered under section 57 in respect of carrying out the activity other than in respect of the registered forestry right or registered lease, or a Crown conservation contract that has expired or has been terminated, update the chief executive’s records to reflect the changes to the post-1989 forest land in respect of which the person is recorded as a participant:

  • “(d) give notice to the former participant and landowner of the matters specified in paragraphs (a) to (c) (if applicable).

  “(4) An emissions return under this subsection must—

  • “(a) set out the carbon accounting area or areas to which the emissions return relates; and

  • “(b) if the return is submitted because a registered forestry right, registered lease, or a Crown conservation contract that covers part only of a carbon accounting area has expired or been terminated, identify the part of the carbon accounting area in respect of which the registered forestry right, registered lease, or Crown conservation contract has expired or been terminated; and

  • “(c) record the emissions and removals from each of the carbon accounting areas, or part of a carbon accounting area, covered by the expired or terminated registered forestry right, registered lease, or Crown conservation contract, calculated in accordance with regulations made under this Act; and

  • “(d) in respect of each carbon accounting area or part of a carbon accounting area covered by the return be for the period—

    • “(i) commencing on the later of—

      • “(A) the first day of the mandatory emissions return period (as defined in section 167(5)) in which the registered forestry right, registered lease, or Crown conservation contract expired or was terminated; or

      • “(B) the date on which the land in the carbon accounting area, or part of a carbon accounting area became post-1989 forest land; and

    • “(ii) ending on the date of expiry or termination of the registered forestry right, registered lease over the land, or Crown conservation contract; and

  • “(e) comply with section 167(3) and (3A), as if the references in those provisions to subsection (2B) were references to this section.

  “(5) Section 167(3B) applies to a former participant who submits a return under this section as if the references in that provision to subsection (2B) were references to this section.

  “(6) Section 167(4) applies to a former participant who submits a return under this section as if the references in that provision to “this section” was a reference to this section.

“169A Information about status of forest land

• “(1) Despite anything in this Act, the chief executive must, on receipt of a written request for information about the carbon accounting area or areas to which it relates, provide a statement containing the information in subsection (2) to—

  • “(a) the landowner of any post-1989 forest land in respect of which the holder of a registered forestry right or registered lease or party to a Crown conservation contract is a participant; or

  • “(b) a prospective transferee, holder of a registered forestry right or registered lease, or party to a Crown conservation contract who has the written consent of the participant in respect of any post-1989 forest land.

  “(2) A statement under subsection (1) must set out—

  • “(a) the emissions returns (if any) that have been submitted in respect of the carbon accounting area or areas covered by the information request, and the period covered by those returns; and

  • “(b) the net number of New Zealand units (if any) that have been transferred for removals in respect of each carbon accounting area covered by the information request (determined by subtracting the number of units repaid under section 111(6) or 167(3B), if any, from the number of units transferred for removals); and

  • “(c) the net number of units (if any) that have been surrendered in respect of each carbon accounting area covered by the information request (determined by subtracting the number of units reimbursed under section 112 or 167(3B), if any, from the number of units surrendered).

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