Supplementary Order Paper No 89

  • withdrawn on 18 November 2021

No 89

House of Representatives

Supplementary Order Paper

Wednesday, 17 November 2021

Crown Minerals (Decommissioning and Other Matters) Amendment Bill

Proposed amendments

Barbara Kuriger, in Committee, to move the following amendments:

Clause 17

In clause 17, delete subpart 3 of Part 1B (page 43, line 13 to page 47, line 30).

In clause 17, new section 89ZZO(1)(a), delete subparagraph (iv) (page 54, lines 37 and 38).

Clause 19

In clause 19(4), new section 90(11)(a), replace 89ZF, 89ZR, and 89ZS (page 59, line 16) with and 89ZF.

Clause 20

In clause 20(2), delete 89ZR, 89ZS, (page 59, line 21).

Explanatory note

This Supplementary Order Paper amends the Crown Minerals (Decommissioning and Other Matters) Amendment Bill to entirely remove the post-decommissioning fund.

The fund was entered into the legislation without consultation, and without a cost-benefit analysis or evidence of a problem it seeks to solve. The fund ignores the “polluter pays” principle, as a levy is imposed on all permit holders regardless of their actions or risk profile. The “polluter pays” principle is foundational for environmental law in New Zealand. It creates a perverse incentive for companies to act within the bare minimum legally mandated scope of decommissioning, as they will still pay for decommissioning failures.