Supplementary Order Paper No 238 (released 01 September 2008)

Supplementary Order Paper by clause reference

Clause 43: new section 70

Subsection (1): to omit and perform his or her functions (lines 21 and 22 on page 84) and substitute this section and section 72(2).

Subsection (1): to omit subsection (2) (line 23 on page 84) and substitute this section and section 72(2).

Subsection (1)(c)(i): to omit 2013; and (line 32 on page 84) and substitute 2013; or.

Subsection (2)(a)(i): to omit this subparagraph (lines 1 to 17 on page 85) and substitute the following subparagraph:

  • (i) persons who—

    • (A) meet any tests or thresholds that are specified in the allocation plan; and

    • (B) subject to subsection (3), in any year or years specified in the allocation plan, are participants in respect of an activity listed in Part 5 of Schedule 3 or Part 5 of Schedule 4, or are not participants in respect of an activity listed in Part 5 of Schedule 3, but who farm, raise, grow, or keep ruminant animals, pigs, horses, or poultry for reward or for the purpose of trade in those animals or in animal material or animal products taken or derived from those animals, or who purchase, other than for on-selling, synthetic fertiliser containing nitrogen; or

Subsection (2)(a)(ii): to omit (i) (line 19 on page 85) and substitute (i)(B).

Subsection (2)(b): to insert after for allocation (line 22 on page 85) free of charge.

Subsection (2)(c): to omit this paragraph (lines 28 to 34 on page 85) and substitute the following paragraph:

  • (c) if the allocation plan is in force in any year from 1 January 2019 to 31 December 2029, a total number of New Zealand units available for allocation free of charge under the allocation plan that is equal to eleven-twelfths of N in 2019, and then declining in each subsequent year at a linear rate to reach a number equal to one-twelfth of N in 2029, where N equals the number of New Zealand units available for allocation under paragraph (b) in 2018.

To add the following subsection (after line 34 on page 85):

  • (3) Despite subsection (2)(a)(i)(B), an allocation plan may only provide for an allocation of New Zealand units to one or the other, but not both, of the following persons:

    • (a) persons who are participants in respect of an activity listed in Part 5 of Schedule 3 or Part 5 of Schedule 4; or

    • (b) persons who are not participants in respect of an activity listed in Part 5 of Schedule 3, but who farm, raise, grow, or keep ruminant animals, pigs, horses, or poultry for reward or for the purpose of trade in those animals or in animal material or animal products taken or derived from those animals, or who purchase, other than for on-selling, synthetic fertiliser containing nitrogen.