Climate Change (General Exemptions) Order 2009
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Version as at 1 January 2026
Climate Change (General Exemptions) Order 2009
(SR 2009/370)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 30th day of November 2009
Present:
His Excellency the Governor-General in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This order is administered by the Ministry for the Environment.
Pursuant to section 60 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister for Climate Change Issues made after complying with the requirements of that section, makes the following order.
Contents
Order
1 Title
This order is the Climate Change (General Exemptions) Order 2009.
2 Commencement
This order comes into force on 31 December 2009.
3 Interpretation
In this order, unless the context otherwise requires,—
Act means the Climate Change Response Act 2002
authority means an authority to carry out an activity, or an emergency authority
authority to carry out an activity means an authority granted under section 48 of the Heritage New Zealand Pouhere Taonga Act 2014
company, in relation to a New Zealand person, has the same meaning as in section YA 1 of the Income Tax Act 2007
emergency authority means an emergency authority granted under section 62 of the Heritage New Zealand Pouhere Taonga Act 2014
heritage covenant means a covenant entered into under section 39 of the Heritage New Zealand Pouhere Taonga Act 2014
New Zealand person means—
(a)
a New Zealand citizen; or
(b)
a New Zealand resident within the meaning of section YD 1 of the Income Tax Act 2007; or
(c)
a company that is resident in New Zealand within the meaning of section YD 2 of the Income Tax Act 2007
underground gas storage facility has the meaning given in section 2(1) of the Crown Minerals Act 1991.
Clause 3: substituted, on 1 January 2011, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).
Clause 3 activity of deforesting: inserted, on 6 December 2018, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2018 (LI 2018/219).
Clause 3 authority: inserted, on 6 December 2018, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2018 (LI 2018/219).
Clause 3 authority to carry out an activity: inserted, on 6 December 2018, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2018 (LI 2018/219).
Clause 3 bobby calf: revoked, on 1 January 2013, by clause 4(1) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).
Clause 3 calf: revoked, on 26 November 2024, by section 37 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
Clause 3 cow: revoked, on 26 November 2024, by section 37 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
Clause 3 emergency authority: inserted, on 6 December 2018, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2018 (LI 2018/219).
Clause 3 heifer: revoked, on 26 November 2024, by section 37 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
Clause 3 heritage covenant: inserted, on 6 December 2018, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2018 (LI 2018/219).
Clause 3 in New Zealand temporarily: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
Clause 3 layer hen: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
Clause 3 milk solids: revoked, on 26 November 2024, by section 37 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
Clause 3 motor vehicle: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
Clause 3 passing through New Zealand: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
Clause 3 slaughter point: revoked, on 26 November 2024, by section 37 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
Clause 3 synthetic fertilisers containing nitrogen: revoked, on 26 November 2024, by section 37 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
Clause 3 underground gas storage facility: inserted, on 24 May 2013, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2013 (SR 2013/198).
Clause 3 vealer: revoked, on 26 November 2024, by section 37 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
3A Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.
Clause 3A: inserted, on 1 January 2026, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208).
Exemption for entire activity
4 Exemption for activity of importing coal
A person who is carrying out the activity of importing coal listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person imports coal at a level that does not exceed the threshold set out in Schedule 1.
Clause 4: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).
5 Exemption for activity of using geothermal fluid
A person who carries out the activity of using geothermal fluid for the purpose of generating electricity or industrial heat listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person uses geothermal fluid for the purpose of generating electricity or industrial heat at a level that does not exceed the threshold set out in Schedule 1.
Clause 5: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).
6 Exemption for activity of combusting used oil or waste oil
A person who carries out the activity of combusting used oil or waste oil for the purpose of generating electricity or industrial heat listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person combusts used oil or waste oil at a level that does not exceed the threshold set out in Schedule 1.
Clause 6: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).
6A Exemption for activity of using specified liquid hydrocarbons
(1)
A person who carries out the activity (listed in subpart 2 of Part 3 of Schedule 3 of the Act) of using specified liquid hydrocarbons is exempt as a participant in respect of the activity if the person uses specified liquid hydrocarbons at a level that does not exceed the threshold for the activity set out in Schedule 1.
(2)
In subclause (1), specified liquid hydrocarbons means the liquid hydrocarbons described in subpart 2 of Part 3 of Schedule 3 of the Act, being crude oil or other liquid hydrocarbons (other than obligation fuel or any used as specified in the rest of that Part 3).
Clause 6A: inserted, on 1 January 2014, by clause 4 of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).
6B Exemption for activity of producing iron or steel
A person who carries out the activity of producing iron or steel (listed in subpart 1 of Part 4 of Schedule 3 of the Act) is exempt as a participant in respect of the activity if the amount of the carbon in the materials the person adds to metal for the purpose of producing iron or steel does not exceed the threshold for the activity set out in Schedule 1.
Clause 6B: inserted, on 10 October 2013, by clause 5 of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).
7 Exemption for activity of producing gold
A person who carries out the activity of producing gold listed in Part 4 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person produces gold at a level that does not exceed the threshold set out in Schedule 1.
Clause 7: amended, on 1 January 2013, by clause 10 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).
8 Exemption for activity of importing or manufacturing synthetic fertilisers containing nitrogen
[Revoked]Clause 8: revoked, on 26 November 2024, by section 38 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
9 Exemption for activity of slaughtering ruminant animals, pigs, horses, or poultry
[Revoked]Clause 9: revoked, on 26 November 2024, by section 38 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
10 Exemption for activity of dairy processing of milk or colostrum
[Revoked]Clause 10: revoked, on 26 November 2024, by section 38 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
11 Exemption for activity of exporting live cattle, sheep, or pigs
[Revoked]Clause 11: revoked, on 26 November 2024, by section 38 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
12 Exemption for activity of producing eggs
[Revoked]Clause 12: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
12A Exemption for operating remote disposal facilities
(1)
A person who carries out the activity (listed in Part 6 of Schedule 3 of the Act) of operating a disposal facility is exempt as a participant in respect of operating the disposal facility if subclause (2) applies.
(2)
This subclause applies if—
(a)
the disposal facility has been in operation continuously on and from 31 December 2011; and
(b)
the disposal facility is not a disposal facility listed in Schedule 2; and
(c)
one of the following applies:
(i)
the disposal facility—
(A)
is situated in mainland New Zealand; and
(B)
disposes of less than 1 000 net tonnes of waste per calendar year; and
(C)
is located 150 km or more from the nearest disposal facility listed in Schedule 2:
(ii)
the disposal facility—
(A)
is situated in mainland New Zealand; and
(B)
disposes of less than 500 net tonnes of waste per calendar year; and
(C)
is located 75 km or more from the nearest disposal facility listed in Schedule 2:
(iii)
the disposal facility—
(A)
is not situated in mainland New Zealand; and
(B)
is located 25 km or more from mainland New Zealand.
(3)
In this clause,—
diverted tonnage and gross tonnage have the same meaning as in regulation 11(1) of the Waste Minimisation (Calculation and Payment of Waste Disposal Levy) Regulations 2009
mainland New Zealand means the North Island or South Island of New Zealand
net tonnes of waste means gross tonnage minus diverted tonnage of waste.
(4)
For the purpose of determining the distance of a disposal facility that is not listed in Schedule 2 from a disposal facility that is listed in Schedule 2, the following apply:
(a)
the distance is the shortest distance by—
(i)
road; or
(ii)
rail; or
(iii)
road and rail; but
(b)
if one of the disposal facilities is not located in mainland New Zealand, the distance is the distance by boat between the harbours closest to the disposal facilities.
Clause 12A: inserted, on 1 January 2013, by clause 7 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).
Exemption for part of activity
12B Exemption for activity of importing coal in products that do not release carbon dioxide
A person who is carrying out the activity of importing coal listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the part of the activity that concerns the importing of coal contained in products that are imported for a use that does not release carbon dioxide through combustion or reductant reactions.
Clause 12B: inserted, on 1 January 2020, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2019 (LI 2019/235).
13 Exemption for activity of mining coal in form of peat
A person who carries out the activity of mining coal where the volume of coal mined exceeds 2 000 tonnes in a year listed in Part 3 of Schedule 3 of the Act is exempt as a participant in respect of the part of the activity that concerns the mining of coal in the form of peat if the person mines coal in the form of peat at a level that does not exceed the threshold set out in Schedule 1.
13A Exemption for operating disposal facility in relation to certain waste
A person who carries out the activity of operating a disposal facility is exempt as a participant in respect of the part of the activity involving the disposal of waste that—
(a)
had previously been disposed of at the Fox Glacier landfill; and
(b)
is disposed of by the disposal facility on or after 1 April 2019.
Clause 13A: inserted, on 19 December 2019, by clause 4 of the Climate Change (General Exemptions) Amendment Order (No 2) 2019 (LI 2019/278).
13B Exemption for operating disposal facility disposing of waste from closed landfill
(1)
A person who carries out the activity of operating a disposal facility is exempt as a participant in respect of the part of the activity involving the disposal of waste that—
(a)
had previously been disposed of at a landfill that is now a closed landfill; and
(b)
is disposed of by the disposal facility on or after 1 January 2022.
(2)
In this section, closed landfill means a landfill that is no longer accepting waste for disposal.
Clause 13B: inserted, on 1 January 2022, by clause 4 of the Climate Change (General Exemptions) Amendment Order 2021 (LI 2021/292).
14 Exemption for activity of importing sulphur hexafluoride
[Revoked]Clause 14: revoked, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
15 Exemption for activity of importing HFC-245fa/365mfc
[Revoked]Clause 15: revoked, on 1 January 2013, by clause 4 of the Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399).
16 Exemption for activity of mining natural gas, other than for export
(1)
This clause applies to a person who carries out the activity (listed in Part 3 of Schedule 3 of the Act) of mining natural gas, other than for export.
(2)
The person is exempt as a participant (to the extent determined under subclause (3)) in respect of the mining of natural gas that is—
(a)
sold to another person; and
(b)
used to make natural gasoline.
(3)
If subclause (2) applies, the following formula must be used to calculate the amount of natural gas for which the person is exempt as a participant:
G = (mcg/mc) × N
where—
- G
is the amount in tonnes of natural gas for which the person is exempt as a participant
- mcg
is the mass fraction of carbon in the natural gasoline that is derived from the natural gas
- mc
is the mass fraction of carbon in the natural gas (as recorded under regulation 16 of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009
- N
is the amount in tonnes of natural gasoline derived from the natural gas.
(4)
The person is exempt as a participant in respect of the injection of natural gas into, or the extraction of natural gas from, an underground gas storage facility if another person is, or has been, liable as a participant for emissions from the natural gas prior to its injection into, or extraction from, (as applicable) the underground gas storage facility.
Clause 16: replaced, on 24 May 2013, by clause 5 of the Climate Change (General Exemptions) Amendment Order 2013 (SR 2013/198).
17 Exemption for activity of operating electrical switchgear that uses sulphur hexafluoride (SF6)
A person who carries out the activity (listed in subpart 2 of Part 4 of Schedule 3 of the Act) of operating electrical switchgear that uses sulphur hexafluoride is exempt as a participant if the combined sulphur hexafluoride capacity of all of the electrical switchgear operated by the person in a year does not exceed the threshold set out in the Schedule of this order.
Clause 17: inserted, on 1 January 2013, by clause 5 of the Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399).
17A Exemption for activity of importing hydrofluorocarbons or perfluorocarbons
A person who carries out the activity of importing hydrofluorocarbons or perfluorocarbons listed in subpart 2 of Part 4 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the hydrofluorocarbons or perfluorocarbons are sold to be used in servicing refrigeration systems of shipping containers that are intended to be exported.
Clause 17A: inserted, on 1 January 2020, by clause 5 of the Climate Change (General Exemptions) Amendment Order 2019 (LI 2019/235).
18 Exemption for activity of deforesting
(1)
A person is exempt as a participant in respect of any part of the activity of deforesting that—
(a)
complies with a heritage covenant or an authority described in subclause (2); and
(b)
is carried out within the area of forest land specified in the heritage covenant or authority.
(2)
The heritage covenant or authority—
(a)
specifies the area it relates to, taking into account best practice forest management as referred to in section 179A(1) of the Act; and
(b)
contains geospatial mapping information about the area, including the spatial extent of that area determined in accordance with the mapping standards in force when the heritage covenant or authority is entered into or granted.
(3)
In this clause, mapping standards means guidelines or standards in relation to the method and format for determining the spatial extent of an area of forest land that are issued under regulation 14(2) of the Climate Change (Forestry) Regulations 2022.
Clause 18: inserted, on 6 December 2018, by clause 5 of the Climate Change (General Exemptions) Amendment Order 2018 (LI 2018/219).
Clause 18(1)(b): amended, on 1 January 2026, by clause 5(1) of the Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208).
Clause 18(2)(a): amended, on 1 January 2026, by clause 5(2) of the Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208).
Clause 18(2)(b): replaced, on 1 January 2026, by clause 5(3) of the Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208).
Clause 18(3): inserted, on 1 January 2026, by clause 5(4) of the Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208).
Schedule 1AA Transitional, savings, and related provisions
Schedule 1AA: inserted, on 1 January 2026, by clause 6 of the Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208).
Part 1 Provision relating to Climate Change (General Exemptions) Amendment Order 2025
Schedule 1AA Part 1: inserted, on 1 January 2026, by clause 6 of the Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208).
1 Exemption for activity of deforestation: geospatial mapping information
(1)
This clause applies to a heritage covenant or authority that was entered into or granted before 1 January 2026 if clause 18, as in force immediately before 1 January 2026, applied in relation to the heritage covenant or authority immediately before that date.
(2)
That clause continues to apply in relation to the heritage covenant or authority.
(3)
Clause 18, as amended on 1 January 2026, does not apply in relation to the heritage covenant or authority.
Schedule 1AA clause 1: inserted, on 1 January 2026, by clause 6 of the Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208).
Schedule 1 Exemption thresholds for certain activities
Schedule 1 heading: amended, on 10 October 2013, by clause 6(1) of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).
| Exemption | Activity | Threshold | |
|---|---|---|---|
| cl 4 | Importing coal | 2 000 tonnes of coal per annum | |
| cl 5 | Using geothermal fluid for the purpose of generating electricity or industrial heat | 4 000 tonnes of emissions per annum, as calculated in accordance with the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 | |
| cl 6 | Combusting used oil or waste oil for the purpose of generating electricity or industrial heat | 1 500 tonnes of used or waste oil per annum | |
| cl 6A | Using specified liquid hydrocarbons | 1 500 tonnes of specified liquid hydrocarbons per annum | |
| cl 6B | Producing iron or steel | 100 tonnes of carbon per annum | |
| cl 7 | Producing gold | 5 000 tonnes of emissions per annum, as calculated in accordance with the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 | |
| cl 13 | Mining coal in the form of peat | 10 000 tonnes of peat per annum | |
| cl 17 | Operating electrical switchgear that uses sulphur hexafluoride | 1 tonne of sulphur hexafluoride contained in electrical switchgear |
Schedule 1: amended, on 26 November 2024, by section 39 of the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50).
Schedule 1: amended, on 1 January 2014, by clause 6(2) of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).
Schedule 1: amended, on 10 October 2013, by clause 6(3) of the Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379).
Schedule 1: amended, on 1 January 2013, by clause 6(1) of the Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399).
Schedule 1: amended, on 1 January 2013, by clause 6(2) of the Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399).
Schedule 1: amended, on 1 January 2013, by section 103 of the Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89).
Schedule 1: amended, on 1 January 2013, by clause 8(1) of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).
Schedule 1: amended, on 1 January 2011, by clause 8(2) of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).
Schedule 1: amended, on 1 January 2011, by clause 8(3) of the Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339).
Schedule 2 Specified disposal facilities
Schedule 2: inserted, on 1 January 2013, by clause 9 of the Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316).
| North Island | |
| Landfill name | Area in which landfill located |
| Purewa Landfill | Whangarei |
| Redvale Landfill | Rodney |
| Whitford Landfill | Manukau |
| Hampton Downs Landfill | Waikato |
| Tirohia Landfill | Hauraki |
| Omarunui Landfill | Hastings |
| Colson Road Landfill | New Plymouth |
| Broadlands Road Landfill | Taupo |
| Bonny Glen Landfill | Rangitikei |
| Levin Landfill | Horowhenua |
| Silverstream Landfill | Upper Hutt |
| Spicer Landfill | Porirua |
| Southern Landfill | Wellington City |
| South Island | |
| Landfill name | Area in which landfill located |
| Eves Valley Landfill | Nelson |
| Kate Valley Landfill | Hurunui |
| Redruth Landfill | Timaru |
| Victoria Flats Landfill | Queenstown Lakes |
| Green Island Landfill | Dunedin |
| A B Lime Limited | Southland |
Rebecca Kitteridge,
Clerk of the Executive Council.
Date of notification in Gazette: 3 December 2009.
Notes
1 General
This is a consolidation of the Climate Change (General Exemptions) Order 2009 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
Climate Change (General Exemptions) Amendment Order 2025 (SL 2025/208)
Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Act 2024 (2024 No 50): sections 37–39
Climate Change (General Exemptions) Amendment Order 2021 (LI 2021/292)
Climate Change (General Exemptions) Amendment Order (No 2) 2019 (LI 2019/278)
Climate Change (General Exemptions) Amendment Order 2019 (LI 2019/235)
Climate Change (General Exemptions) Amendment Order 2018 (LI 2018/219)
Climate Change (General Exemptions) Amendment Order (No 2) 2013 (SR 2013/379)
Climate Change (General Exemptions) Amendment Order 2013 (SR 2013/198)
Climate Change (General Exemptions) Amendment Order (No 2) 2012 (SR 2012/399)
Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 (2012 No 89): section 103
Climate Change (General Exemptions) Amendment Order 2012 (SR 2012/316)
Climate Change (General Exemptions) Amendment Order 2010 (SR 2010/339)
Versions
Climate Change (General Exemptions) Order 2009
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