Climate Change Response (Moderated Emissions Trading) Amendment Act 2009

Public Act	2009 No 57
Date of assent	7 December 2009
Commencement	see section 2

1 Title

2 Commencement

3 Principal Act amended

Part 1
Amendments to Climate Change Response Act 2002

4 Application of Schedules 3 and 4

5 New sections 2B and 2C inserted

2B Orders in Council in relation to Part 5 of Schedule 3

2C Effect of Orders in Council in relation to Part 5 of Schedule 3

6 Purpose

7 New section 3A inserted

3A Treaty of Waitangi (Te Tiriti o Waitangi)

8 Interpretation

9 Minister of Finance may carry out trading activities with respect to units

10 New section 14 inserted

14 Registrar must give effect to directions

11 New section 17A inserted

17A Power of Registrar to delegate

12 Closing holding accounts

13 Effect of surrender, retirement, cancellation, and conversion

14 Trusts, representatives, and assignees of bankrupts

15 Registration procedure for Kyoto units

16 Registration procedure for New Zealand units and approved overseas units

17 Electronic registration

18 Priority of registration

19 Correction of unit register

20 Restrictions on certain New Zealand units allocated to landowners of pre-1990 forest land

21 Regulations

22 Participants

23 Associated persons

24 Applications to be registered as participant in respect of activities listed in Schedule 4

25 Removal from register of participants in respect of activities listed in Schedule 4

26 Removal from register of participants in respect of activities listed in Schedules 3 and 4

27 Exemptions in respect of activities listed in Schedule 3

28 New section 61 substituted

61 Requirement to have holding account

29 Monitoring of emissions and removals

30 Entitlement to receive New Zealand units for removal activities

31 Annual emissions returns

32 New subpart 2 of Part 4 substituted

Subpart 2—Issuing and allocating New Zealand units

68 Issuing New Zealand units

69 Notification of intention regarding New Zealand units

Allocation of New Zealand units in relation to pre-1990 forest land and fishing

70 Governor-General may issue allocation plans

71 Correction of allocation plans

72 Allocation in respect of pre-1990 forest land

73 Minister to appoint person to hold certain New Zealand units

74 Allocation to owners of fishing quota

75 Consultation on pre-1990 forest land allocation plan

76 Consultation on fishing allocation plan

77 Determinations made in accordance with allocation plan

78 Power to revoke and replace determinations

79 Effect of new determination

Allocation of New Zealand units in relation to industry and agriculture

80 Criteria for allocation of New Zealand units to industry

81 Entitlement to provisional allocation for eligible industrial activities

82 Entitlement to allocation for eligible industrial activities where provisional allocation not received

83 Annual allocation adjustment

84 Closing allocation adjustment

85 Allocation of New Zealand units in relation to agriculture

86 Applications for allocation of New Zealand units for industry and agriculture

86A Provisional allocation to industry in and after 2013

86B Decisions on applications for allocations of New Zealand units to industry and agriculture

86C Reconsideration of allocation decisions

86D Retention of records and materials in relation to allocation

86E Minister or chief executive may require further information for purpose of carrying out functions under subpart

86F Balance of units at end of true-up period or other balance date

33 Functions of chief executive

34 Chief executive to publish certain information

35 Power of entry for investigation

36 Matters in relation to which chief executive may decline to make emissions rulings

37 Submission of final emissions returns

38 Power to extend date for emissions returns

39 Effect of amendment or assessment

40 Reimbursement of units by chief executive

124 Reimbursement of units by chief executive

41 Repayment of units by persons in case of error

42 Strict liability offences

43 Other offences

44 Evasion or similar offences

45 New section 136 substituted

136 Additional penalty for knowing failure to comply

46 Interest for late payment

47 Obligation to pay penalty not suspended by appeal

48 Formation of consolidated group

49 Changes to consolidated groups

50 New section 151A inserted

151A Addition of activities to consolidated groups

51 Effect of being member of consolidated group

52 Emissions returns by consolidated group in respect of activities in Part 1 of Schedule 4

53 Ceasing to be member of consolidated group

54 New section 156A inserted

156A Removal of activities from consolidated groups

55 New sections 157 and 157A substituted

157 Unincorporated bodies

157A Changes to unincorporated bodies that are participants

56 New sections 160 to 161H substituted

57 Regulations relating to methodologies and verifiers

58 Regulations relating to fees and charges

59 Other regulations

60 When deforestation to be treated as occurring in respect of pre-1990 forest land

61 Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land

62 Exemptions for deforestation of land with tree weeds

63 Conditions on registration as participant in respect of certain activities relating to post-1989 forest land

64 Registration as participant in respect of post-1989 forest land

65 Emissions returns for post-1989 forest land activities

66 New sections 190 to 193 substituted

190 Special rules regarding surrender of units in relation to post-1989 forest land

191 Ceasing to be registered as participant in respect of post-1989 forest land

192 Effect of transmission of interest in post-1989 forest land

193 Emissions returns in relation to transmitted interests

67 Information about status of forest land

68 First emissions return for pre-1990 forest land activities

69 Section 196A repealed

70 New section 201 substituted

201 Effect of registration by purchasers of jet fuel

71 Participant with respect to mining coal or natural gas

72 Mining natural gas in exclusive economic zone and continental shelf

73 New section 208 substituted

208 Purchase of coal or natural gas from certain related companies of Part 3 of Schedule 3 participant

74 Effect of registration by purchasers of coal or natural gas

75 Subpart 4 of Part 5 substituted

Subpart 4—Agriculture

213 Participant in respect of subpart 4 of Part 5 of Schedule 3

214 Units not required to be surrendered for fertilisers embedded in products

76 Transitional provision for penalties

77 Transitional provision for voluntary reporting

78 Transitional provision for mandatory reporting by certain participants

79 New section 220 substituted

220 Transitional provision relating to unit entitlements for subpart 1 or 3 of Part 2 of Schedule 4 participants

80 Additional transitional provision for Part 3 of Schedule 4 participants

81 New sections 222A to 222H inserted

222A Transitional provision for liability to surrender units to cover emissions from activities relating to liquid fossil fuels, stationary energy, and industrial processes

222B Transitional provision for entitlement to receive New Zealand units for removal activities

222C Transitional provision permitting payment of money instead of surrender of units to cover emissions

222D Issuing New Zealand units to meet surrender obligation

222E Transitional provisions relating to reporting

222F Transitional provision for allocation to industry

222G Transitional provision regarding prohibition on ability to export New Zealand units

222H Transitional provision for unincorporated bodies

82 Section 223 repealed

83 Gazetting of targets

84 New section 225 inserted

225 Regulations relating to targets

85 Schedule 3 amended

86 Schedule 4 amended

Part 2
Consequential amendments

87 Amendments to Maori Fisheries Act 2004

138A Allocation and transfer of New Zealand units

88 Consequential amendments

Schedule
Amendments to regulations

Legislative history

The Parliament of New Zealand enacts as follows:

New Zealand Legislation: Acts

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Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 No 57, Public Act

Climate Change Response (Moderated Emissions Trading) Amendment Act 2009

Contents

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