Climate Change Response Act 2002

If you need more information about this Act, please contact the administering agency: Ministry for the Environment

Subpart 3—Role of Commission to advise on emissions budgets

Subpart 3: inserted, on 14 November 2019, by section 8 of the Climate Change Response (Zero Carbon) Amendment Act 2019 (2019 No 61).

5ZA Commission to advise Minister


The Commission must advise the Minister on the following matters relevant to setting an emissions budget:


the recommended quantity of emissions that will be permitted in each emissions budget period; and


the rules that will apply to measure progress towards meeting emissions budgets and the 2050 target; and


how the emissions budgets, and ultimately the 2050 target, may realistically be met, including by pricing and policy methods; and


the proportions of an emissions budget that will be met by domestic emissions reductions and domestic removals, and the amount by which emissions of each greenhouse gas should be reduced to meet the relevant emissions budget and the 2050 target; and


the appropriate limit on offshore mitigation that may be used to meet an emissions budget, and an explanation of the circumstances that justify the use of offshore mitigation (see section 5Z).


In preparing advice for the Minister under subsection (1), the Commission must have regard to the matters set out in section 5ZC.


Before the Commission provides advice to the Minister on an emissions budget, it must—


make the proposed advice publicly available and invite comments on that advice; and


allow adequate time and opportunity for any submissions to be received, heard, and considered by the Commission.


The Commission must provide its advice to the Minister,—


in the case of the first 3 emissions budgets, no later than—


1 February 2021; or


after a request by the Commission to extend the deadline, any date on or before 1 August 2021 that is specified by the Minister (whether once or more) by notice in the Gazette:


in the case of all subsequent emissions budgets, at least 12 months before an emissions budget must be notified under section 5ZD (or at least 15 months before, if a general election is to take place in that year).

Section 5ZA: inserted, on 14 November 2019, by section 8 of the Climate Change Response (Zero Carbon) Amendment Act 2019 (2019 No 61).

Section 5ZA(4)(a): replaced, on 23 June 2020, by section 14 of the Climate Change Response (Emissions Trading Reform) Amendment Act 2020 (2020 No 22).