“3 Interpretation

• In this order, unless the context otherwise requires,—

  “Act means the Climate Change Response Act 2002

  “bobby calf means a milk-fed calf from a dairy herd that is less than 14 days old

  “company, in relation to a New Zealand person, has the same meaning as in section YA 1 of the Income Tax Act 2007

  “in New Zealand temporarily, in relation to goods, means goods whose presence in New Zealand does not exceed a continuous period of 180 days

  “layer hen means a bird that is kept to produce eggs for sale

  “motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

  “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

  “passing through New Zealand, in relation to an aircraft or a ship, means an aircraft or a ship—

  • “(a) on a journey from a foreign port to a foreign port; and

  • “(b) whose presence in New Zealand does not exceed a continuous period of 180 days, whether or not the aircraft or ship is engaged in moving passengers or cargo between ports in New Zealand during that period

  “synthetic fertilisers containing nitrogen means a nitrogen-containing substance or mix of substances, produced by chemical manufacture,—

  • “(a) whose main function is to provide nutrients for plants; and

  • “(b) which is described as, or held out to be for, or suitable for, sustaining or increasing the growth, productivity, or quality of plants or, indirectly, animals through its application to plants or soil.”

“8 Exemption for activity of importing or manufacturing synthetic fertilisers containing nitrogen

• A person who carries out the activity of importing or manufacturing synthetic fertilisers containing nitrogen listed in subpart 1 of Part 5 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person imports or manufactures synthetic fertilisers containing nitrogen at a level that does not exceed the annual threshold set out in the Schedule of this order.

“9 Exemption for activity of slaughtering ruminant animals, pigs, horses, or poultry

• A person who is the operator of a risk management programme registered under the Animal Products Act 1999 and is not a retail butcher (as defined in section 4(1) of the Animal Products Act 1999) and who carries out the activity of slaughtering ruminant animals, pigs, horses, or poultry listed in subpart 3 of Part 5 of Schedule 3 of the Act is exempt as a participant in respect of the activity except in relation to the slaughter of cattle (other than bobby calves), sheep, deer, goats, pigs, or poultry (other than layer hens).

“10 Exemption for activity of dairy processing of milk or colostrum

• A person who carries out the activity of dairy processing of milk or colostrum listed in subpart 3 of Part 5 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person is not required in relation to that dairy processing to have a risk management programme registered under the Animal Products Act 1999.

“11 Exemption for activity of exporting live cattle, sheep, or pigs

• A person who carries out the activity of exporting from New Zealand live cattle, sheep, or pigs in accordance with an animal welfare export certificate listed in subpart 3 of Part 5 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the person exports from New Zealand live cattle, sheep, or pigs at a level that does not exceed the annual threshold set out in the Schedule of this order.

“12 Exemption for activity of producing eggs

• A person who is an operator of a risk management programme registered under the Animal Products Act 1999 and who carries out the activity of producing eggs listed in subpart 3 of Part 5 of Schedule 3 of the Act is exempt as a participant in respect of the activity if the number of the person's layer hens subject to the risk management programme does not exceed the annual threshold set out in the Schedule of this order.”

“14 Exemption for activity of importing sulphur hexafluoride

• “(1) A person who carries out the activity (listed in subpart 2 of Part 4 of Schedule 3 of the Act) of importing sulphur hexafluoride, including sulphur hexafluoride contained in goods, is exempt as a participant in respect of the importation of sulphur hexafluoride in any goods that—

  • “(a) are not unloaded in New Zealand and are destined for a port outside of New Zealand; or

  • “(b) are in New Zealand temporarily.

  “(2) To avoid doubt, for the purposes of subclause (1), goods includes bulk shipments of sulphur hexafluoride.

“15 Exemptions for activity of importing hydro fluorocarbons and per fluorocarbons

• “(1) A person who carries out the activity (listed in subpart 2 of Part 4 of Schedule 3 of the Act) of importing hydro fluorocarbons or per fluorocarbons, including hydro fluorocarbons or per fluorocarbons contained in goods, is exempt as a participant in respect of the importation of hydro fluorocarbons or per fluorocarbons in—

  • “(a) any aircraft or ship with any hydro fluorocarbons or per fluorocarbons contained in any refrigeration system, air conditioning system, or other system if—

    • “(i) the system is integrated with or into the aircraft or ship or relies on the aircraft or ship for its power; and

    • “(ii) the aircraft or ship is—

      • “(A) passing through New Zealand; or

      • “(B) in New Zealand for the purpose of repairing the aircraft or ship; or

      • “(C) part of the armed forces of a State other than New Zealand; or

      • “(D) registered in New Zealand; or

      • “(E) owned by a New Zealand person:

  • “(b) any aircraft with any hydro fluorocarbons or per fluorocarbons contained in any refrigeration system, air conditioning system, or other system that is integrated with or into the aircraft or that relies on the aircraft for its power, if the person's total tonnage of emissions from the importation of any hydro fluorocarbons or per fluorocarbons in those systems (other than those referred to in paragraph (a)) does not exceed the threshold set out in the Schedule of this order:

  • “(c) any ship with any hydro fluorocarbons or per fluorocarbons contained in any refrigeration system, air conditioning system, or other system that is integrated with or into the ship or that relies on the ship for its power, if the person's total tonnage of emissions from the importation of any hydro fluorocarbons or per fluorocarbons in those systems (other than those referred to in paragraph (a)) does not exceed the threshold set out in the Schedule of this order:

  • “(d) any other goods if the goods—

    • “(i) are not unloaded in New Zealand and are destined for a port outside of New Zealand; or

    • “(ii) are in New Zealand temporarily; or

    • “(iii) are, if the person is an individual, for the individual's personal, domestic, or household use or consumption; or

    • “(iv) contain any hydro fluorocarbons or per fluorocarbons owing solely to the use of any hydro fluorocarbons or per fluorocarbons to manufacture the goods (for example, insulation foam).

  “(2) A person who carries out the activity (listed in subpart 2 of Part 4 of Schedule 3 of the Act) of importing hydro fluorocarbons or per fluorocarbons, including hydro fluorocarbons or per fluorocarbons contained in goods, is exempt as a participant in respect of the importation of hydro fluorocarbons or per fluorocarbons in relation to—

  • “(a) the gas HFC-245fa/365mfc (including HFC-245fa/365mfc contained in goods) to the extent that the person imports that gas:

  • “(b) motor vehicles with any hydro fluorocarbons or per fluorocarbons contained in any system integrated into or powered by those motor vehicles to the extent specified in subclause (3).

  “(3) If subclause (2)(b) applies, a person—

  • “(a) is exempt as a participant in respect of the first 100 tonnes of emissions from the motor vehicles in the year of importation, as calculated in accordance with regulations 44M and 44N of the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009; and

  • “(b) is a participant in respect of any emissions that exceed the threshold specified in paragraph (a).

  “(4) Despite anything in subclause (1), subclause (1)(a)(ii)(D) and (E) do not apply to an aircraft or a ship the first time it arrives in New Zealand.

  “(5) To avoid doubt, for the purposes of subclause (1)(d)(i) and (ii), goods includes bulk shipments of hydro fluorocarbons or per fluorocarbons.”