3A Treaty of Waitangi (Te Tiriti o Waitangi)

In order to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi,—

(a)
[Repealed]

(ab)

with respect to section 5G (which relates to nominations for the Climate Change Commission), particular attention is required to seeking nominations from iwi and Māori representative organisations:

(ac)

with respect to section 5H (which relates to appointments of members of the Commission), the Minister must, before recommending the appointment of a member to the Commission, have regard to the need for the Commission to have members who have technical and professional skills, experience, and expertise, and innovative approaches, relevant to the Treaty of Waitangi (Te Tiriti o Waitangi):

(ad)

with respect to sections 5ZG and 5ZI (which require the Minister to prepare and publish an emissions reduction plan), the Minister must include in a emissions reduction plan a strategy to recognise and mitigate the impacts on iwi and Māori of reducing emissions and must ensure that iwi and Māori have been adequately consulted on the plan:

(ae)

with respect to section 5ZS (which requires the Minister to prepare a national adaptation plan), the Minister must, in preparing a plan, take into account the economic, social, health, environmental, ecological, and cultural effects of climate change on iwi and Māori:

(b)

with respect to the following provisions (which relate to powers to make regulations or Orders in Council or to give notice in the Gazette), before recommending the making of regulations or an order, or giving notice in the Gazette, under those provisions, the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in the regulations, order, or notice:

(i)
(ii)
(iii)

section 30GA (auctions to sell New Zealand units):

(iv)

section 30GB (limits and price controls for units):

(v)

section 30GD (auction monitor):

(vi)

section 30M (infringement offences):

(via)

section 30W(1)(a) (price of carbon):

(vii)

section 60 (exemptions in respect of activities listed in Schedule 3):

(viii)

section 60A (exemptions for participants in activity listed in Part 1 of Schedule 4):

(ix)

section 84A or 84B (phase-out rates for eligible industrial activities):

(x)

section 161D(1)(a) (notice specifying description of activity in relation to industrial allocations), unless the only purpose of the notice is to require persons to provide electricity-related contracts or any information related to those contracts:

(xi)

section 161G (eligible agricultural activities):

(xii)

section 162 (adding further activity to Part 2 of Schedule 4):

(xiii)

section 163 (methodologies and verifiers):

(xiv)

section 164 (unique emissions factors):

(xv)

section 168(1)(nb) (New Zealand’s best practice forest management):

(xvi)

section 186F (pre-1990 offsetting forest land):

(xvii)

section 194C (input returns):

(xviii)

section 196F (forestry classifications):

(xix)

section 244 (exemptions from payment of synthetic greenhouse gas levy):

(xx)

section 246(1)(a) to (e) (synthetic greenhouse gas levy):

(xxi)

section 258 (verifiers):

(c)
[Repealed]

(d)

with respect to section 161 (which relates to the appointment and conduct of a review panel),—

(i)

if the Minister initiates a review under section 160(1) or 269(1) and appoints an independent panel under section 160(3) or 269(3), the Minister must ensure that the review panel has at least 1 member who, in the Minister’s opinion, has the appropriate knowledge, skill, and experience relating to the principles of the Treaty of Waitangi and tikanga Māori to conduct the review; and

(ii)

the review panel must consult with the representatives of iwi and Māori that appear to the panel likely to have an interest in the review; and

(iii)

the terms of reference for the review panel must incorporate reference to the principles of the Treaty of Waitangi.

(e)
[Repealed]

(f)
[Repealed]

(g)
[Repealed]

(h)
[Repealed]

(i)
[Repealed]

(j)
[Repealed]

Section 3A: inserted, on 8 December 2009, by section 7 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 3A(a): repealed, on 23 June 2020, by section 7(1) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(ab): inserted, on 14 November 2019, by section 5 of the Climate Change Response (Zero Carbon) Amendment Act 2019 (2019 No 61).

Section 3A(ac): inserted, on 14 November 2019, by section 5 of the Climate Change Response (Zero Carbon) Amendment Act 2019 (2019 No 61).

Section 3A(ad): inserted, on 14 November 2019, by section 5 of the Climate Change Response (Zero Carbon) Amendment Act 2019 (2019 No 61).

Section 3A(ae): inserted, on 14 November 2019, by section 5 of the Climate Change Response (Zero Carbon) Amendment Act 2019 (2019 No 61).

Section 3A(b): replaced, on 23 June 2020, by section 7(2) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(b)(via): inserted, on 1 January 2021, by section 209 of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(c): repealed, on 23 June 2020, by section 7(2) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(d)(i): amended, on 1 January 2013, by section 6 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).

Section 3A(e): repealed, on 23 June 2020, by section 7(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(f): repealed, on 23 June 2020, by section 7(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(g): repealed, on 23 June 2020, by section 7(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(h): repealed, on 23 June 2020, by section 7(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(i): repealed, on 23 June 2020, by section 7(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).

Section 3A(j): repealed, on 23 June 2020, by section 7(3) of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).