Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848653210.pdf (New Zealand)
Reprint as at 8 December 2009 Climate Change Response Act 2002 Public Act Date of assent Commencement 2002 No 40 18 November 2002 see section 2 1 Title Contents Part 1 Preliminary provisions 2 2A 2B 2C 3 3A 4 5 Commencement Application of Schedules 3 and 4 Orders in Council in relation to Part 5 of Schedule 3 Effect of Orders in Council in relation to Part 5 of Schedule 3 Purpose Treaty of Waitangi (Te Tiriti o Waitangi) Interpretation Act binds the Crown Page 12 12 12 14 16 17 18 21 47 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for the Environment.
1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Part 2 Institutional arrangements Subpart 1—Powers of Minister of Finance Minister of Finance may direct Registrar regarding establishment of Crown holding accounts and carry out trading activities with respect to units Minister of Finance may give directions to Registrar regarding accounts and units Registrar must give effect to directions of Minister of Finance Minister of Finance must publish directions Minister of Finance may obtain information from inventory agency and Registrar Subpart 2—Registry Purpose of Registry Purpose of Registry Registrar Appointment of Registrar Registrar responsible for Registry Registrar may refuse access to, or suspend operation of, Registry Registrar must give effect to directions Registrar to allocate unique numbers Carry-over of certain Kyoto units Commitment period reserve Power of Registrar to delegate 6 7 8 8A 17A Unit register Form and content of unit register Opening holding accounts Closing holding accounts Transfer of units 18 18A 18B 18C 18CA Effect of surrender, retirement, cancellation, and conversion 18CB Restriction on surrender of assigned amount units 18CC Restriction on surrender of assigned amount units issued during first commitment period 18CD Effect of surrendering restricted assigned amount units 18D 18E 19 Succession Trusts, representatives, and assignees of bankrupts Retirement of Kyoto units by the Crown 2 47 48 50 50 50 51 53 53 53 53 53 54 55 55 56 57 58 60
 61 61 62 62 63 63 64 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Transactions must be registered Registration procedure for Kyoto units 20 21 21AA Registration procedure for New Zealand units and approved overseas units Electronic registration Defective applications Transactions take effect when registered Receiving Kyoto units from overseas registries Receiving New Zealand units and approved overseas units from overseas registries Priority of registration Correction of unit register
 Unit register must be open for search Information accessible by search Search of unit register Printed search result receivable as evidence Recovery of fees The Crown or Registrar not liable in relation to searches in certain cases Expiry of long-term certified emission reduction units and temporary certified emission reduction units Expiry of long-term certified emission reduction units Replacement of certain long-term certified emission reduction units Expiry of temporary certified emission reduction units Miscellaneous provisions Conversion of New Zealand units into designated assigned amount units for sale overseas or cancellation Restrictions on certain New Zealand units allocated to landowners of pre-1990 forest land Regulations relating to Part 2 Procedure for certain regulations relating to units Incorporation by reference in regulations made under section 30G Signing false declaration with respect to regulations made under section 30G Providing false or misleading information to Registrar 21A 21B 22 23 23A 24 25 26 27 28 29 30 30A 30B 30C 30D 30E 30F 30G 30H 30I 30J 30K Part 3 Inventory agency 31 32 Meaning of greenhouse gas Primary functions of inventory agency 64 65 68 70 70 70 71 72 72 73 74 74 78 78 78 78 79 80 81 82 83 83 86 87 87 88 88 88 3 Climate Change Response Act 2002 Reprinted as at 8 December 2009 33 34 35 36 37 38 39 40 41 42 43 44 45 45A 46 47 48 48A 49 50 51 52 53 Inventory agency under direction of Minister Record keeping Publication
 Inspectors Authorisation of inspectors Power to enter land or premises to collect information to estimate emissions or removals of greenhouse gases Limitation on power of entry under section 37 Power of entry for inspection Applications for warrants Entry of defence areas Proof of authority must be produced Notice of entry Information obtained under section 39 or section 40 only admissible in proceedings for alleged breach of regulations made under section 50(2) Return of items seized Protection of persons acting
 under authority of this Part Offences and penalties Failing to provide required information to inventory agency Obstructing, hindering, resisting, or deceiving person exercising power under Part Signing false declaration in respect of regulations made under section 50 Providing false or misleading information to Registrar [Repealed] Miscellaneous provisions Reporting Regulations Incorporation by reference in regulations made under section 50 Inventory agency must report to Minister on certain matters before certain regulations are made Consequential amendments Part 4 New Zealand greenhouse gas emissions trading scheme Subpart 1—Participants 54 Participants 4 89 90 90 90 91 92 92 93 94 95 95 96 96 96 96 97 97 98 98 98 101 102 103 104 Reprinted as at 8 December 2009 Climate Change Response Act 2002 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Associated persons Registration as participant in respect of activities listed in Schedule 3 Applications to be registered as participant in respect of activities listed in Schedule 4 Removal from register of participants in respect of activities listed in Schedule 4 Removal from register of participants in respect of activities listed in Schedules 3 and 4 Exemptions in respect of activities listed in Schedule 3 Requirement to have holding account Monitoring of emissions and removals Liability to surrender units to cover emissions Entitlement to receive New Zealand units for removal
 activities Annual emissions returns Quarterly returns for other removal activities Retention of emissions records Subpart 2—Issuing and allocating New Zealand units Issuing New Zealand units Notification of intention regarding New Zealand units Allocation of New Zealand units in relation to pre-1990 forest land and fishing Governor-General may issue allocation plans Correction of allocation plans Allocation in respect of pre-1990 forest land Minister to appoint person to hold certain New Zealand units Allocation to
 owners of fishing quota Consultation on pre-1990 forest land allocation plan Consultation on fishing allocation plan Determinations made in accordance with allocation plan Power to revoke and replace determinations Effect of new determination Allocation of New Zealand units in relation to industry and agriculture Criteria for allocation of New Zealand units to industry Entitlement to provisional allocation for eligible industrial activities Entitlement to allocation for eligible industrial activities where provisional allocation not received 105 106 107 109 110 111 113 114 114 115 116 117 117 118 119 120 121 121 125 126 127 128 129 131 134 135 135 137 5 Climate Change Response Act 2002 Reprinted as at 8 December 2009 83 84 85 86 86A 86B Annual allocation adjustment Closing allocation adjustment Allocation of New Zealand units in relation to agriculture Applications for allocation of New Zealand units for industry and agriculture Provisional allocation to industry in and after 2013 Decisions on applications for allocations of New Zealand units to industry and agriculture Reconsideration of allocation decisions Retention of records and materials in relation to allocation 86C 86D 86E Minister or chief executive may require further information for purpose of carrying out functions under subpart Balance of units at end of true-up period or other balance date Subpart 3—Chief executive General administrative provisions Functions of chief executive Directions to chief
 executive Chief executive to publish certain information Chief executive may prescribe form of certain documents Approval of unique emissions factors Recognition of verifiers Verification and inquiry Appointment of enforcement officers Power to require information Power to inquire Inquiry before District Court Judge No criminal proceedings for statements under section 95 or 96 Expenses in relation to inquiries by chief executive or District Court Judge Obligation to maintain confidentiality Power of entry for
 investigation Applications for warrants Proof of authority must be produced Notice of entry Information obtained under section 100 or 101 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5 Return of items seized 86F Reprinted as at 8 December 2009 Climate Change Response Act 2002 106 Protection of persons acting under authority of this Part 167 Emissions rulings Applications for emissions rulings 107 108 Matters in relation to which chief executive may decline to make emissions rulings 109 Making of emissions rulings Notice of emissions rulings 110 Confirmation of basis of emissions rulings 111 Notifying chief executive of changes relevant to or failure 112 to comply with emissions rulings Correction of emissions rulings Cessation of emissions rulings Appeal from decisions of chief executive Effect of emissions rulings Chief executive may publish certain aspects of emissions rulings 113 114 115 116 117 Emissions returns Submission of final emissions returns Power to extend date for emissions returns Amendment to emissions returns by chief executive Assessment if default made in submitting emissions return Amendment or assessment presumed to be correct Effect of amendment or assessment Reimbursement of units by chief executive Repayment of
 units by persons in case of error Obligation to surrender or repay units not suspended by review or appeal Time bar for amendment of emissions returns Amendments and assessments made by electronic means Subpart 4—Offences and penalties Strict liability offences Offence for breach of section 99 Offence for failure to provide information or documents Other offences Evasion or similar offences Penalty for failing to surrender or repay units Reductions in penalty Additional penalty for knowing failure to
 comply Interest for late payment Obligation to pay penalty not suspended by appeal Liability of body corporate Climate Change Response Act 2002 Reprinted as at 8 December 2009 140 141 142 143 144 145 146 Liability of directors and managers of companies Liability of companies and persons for actions of director, agent, or employee Limitation period for commencement of proceedings Evidence in proceedings Subpart 5—Review and appeal provisions Request for review of decisions Right of appeal to District Court Appeals to High Court on questions of law only Subpart 6—Miscellaneous provisions Giving of notices by chief executive Giving of notices to chief executive Sharing information Formation of consolidated group Changes to consolidated groups 147 148 149 150 151 151A Addition of activities to consolidated groups 152 153 154 Nominated entities Effect of being member of consolidated group Emissions returns by consolidated group in respect of activities in Part 1 of Schedule 4 Ceasing to be member of consolidated group Effect of ceasing to be member of consolidated group 155 156 156A Removal of activities from consolidated groups 157 157A Changes to unincorporated bodies that are participants 158 Unincorporated bodies 159 Compensation for
 participants where public works result in liability to surrender units Chief executive must surrender or repay units for person who is in default or insolvent Reviews of operation of emissions trading scheme Appointment and conduct of review panel 160 161 161A Regulations in relation to eligible industrial activities 161B Australian eligible industrial activities 161C Other eligible industrial activities 161D Power to require information for purposes of allocation to industry 161E Requirements in respect of notice
 given under section 161D 161F Consultation on activities that may be prescribed as eligible industrial activities 161G Regulations in relation to eligible agricultural activities Reprinted as at 8 December 2009 Climate Change Response Act 2002 161H Power to request information showing output from eligible agricultural activities Regulations adding further activity to Part 2 of Schedule 4 Regulations relating to methodologies and verifiers Regulations relating to unique emissions factors Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting Regulations relating to fees and charges Other regulations Incorporation by reference in regulations made under section 163, 164, 165, 167, or 168 Effect of amendments to, or replacement of, material incorporated by reference in regulations Proof of material incorporated by reference Effect of expiry of material incorporated by reference Requirement to consult Public access to material incorporated by reference Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference Application of Regulations (Disallowance) Act 1989 to material incorporated by reference Application of Standards Act 1988 not affected Recovery of fees or charges 162 163 164 166 167 168 169 170 171 172 173 174 175 176 177 178 Part 5 Sector
 specific provisions Subpart 1—Forestry sector General 179 Forest land to be treated as deforested in certain cases Pre-1990 forest land Participant in respect of pre-1990 forest land 180 181 When deforestation to be treated as occurring in respect of 183 pre-1990 forest land Applications for exemption for land holdings of less than 50 hectares of pre-1990 forest land Exemptions for deforestation of land with tree weeds Effect of exemption 184 185 186 Methodology for pre-1990 forest land Post-1989 forest land 187
 Conditions on registration as participant in respect of certain activities relating to post-1989 forest land 238 239 240 243 243 244 246 248 248 249 249 249 250 252 252 252 252 253 254 254 255 258 261 261 262 9 Climate Change Response Act 2002 Reprinted as at 8 December 2009 188 189 190 191 192 193 194 Registration as participant in respect of post-1989 forest land Emissions returns for post-1989 forest land activities Special rules regarding surrender of units in relation to post-1989 forest land Ceasing to be registered as participant in respect of post-1989 forest land Effect of transmission of interest in post-1989 forest land Emissions returns in relation to transmitted interests Information about status of forest land Post-1989 forest land and pre-1990 forest land 195 Notification of status of forest land Transitional provisions First emissions return for pre-1990 forest land activities 196 196A Power to withdraw or suspend certain draft allocation plans [Repealed] First emissions return for post-1989 forest land activities Subpart 2—Liquid fossil fuels sector Registration as participant by purchasers of jet fuel Historical information sufficient to satisfy chief executive Effect of purchasing less than the threshold level of obligation jet fuel Effect of registration by purchasers of jet fuel Activities added to Part 2 of Schedule 3 Treatment of obligation fuels 197 198 199 200 201 202 203 Subpart 3—Stationary energy sector 204 Participant with respect to
 mining coal or natural gas 205 Mining natural gas in exclusive economic zone and continental shelf Obligation with respect to combusting used oil, waste oil, and waste Obligation with respect to mining coal Purchase of coal or natural gas from certain related companies of Part 3 of Schedule 3 participant Registration as participant by purchasers of coal or natural gas Historical information sufficient to satisfy chief executive Effect of purchasing less than threshold level of coal or natural gas Effect of
 registration by purchasers of coal or natural gas Reprinted as at 8 December 2009 Climate Change Response Act 2002 213 214 215 216 217 218 219 220 221 222 Subpart 4—Agriculture Participant in respect of subpart 4 of Part 5 of Schedule 3 Units not required to be surrendered for fertilisers embedded in products Effect of purchasing or farming less than threshold level [Repealed] Effect of registration by farmers [Repealed] Subpart 5—Transitional provisions Transitional provision for penalties Transitional provision for voluntary reporting Transitional provision for mandatory reporting by certain participants Transitional provision relating to unit entitlements for subpart 1 or 3 of Part 2 of Schedule 4 participants Additional transitional provisions for Part 3 of Schedule 4 participants Transitional provisions regarding regulations that replace existing unit register regulations 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 Part 6 Other matters 223 224 225 Establishment of Household Fund [Repealed] Gazetting of targets Regulations relating to targets Schedule 1 United Nations Framework Convention on Climate Change 308 309 309 310 310 311 313 315 316 317 317 317 318 320 321 321 323 324 326 326 327 328 11 s 1
 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Schedule 2 Kyoto Protocol to the United Nations Framework Convention on Climate Change Schedule 3 Activities with respect to which persons must be participants Schedule 4 Activities with respect to which persons may be participants 363 396 400 1 2 Title This Act is the Climate Change Response Act 2002.
Part 1 Preliminary provisions Commencement This Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on dif- ferent dates.

Section 2: section 1, Part 1, subpart 3 of Part 2, and Part 3 (other than section 50(1)(a) and (c)–(h) and section 51) brought into force, on 1 August 2003, by the Climate Change Response Act Commencement Order 2003 (SR 2003/151).
Section 2: subparts 1 and 2 of Part 2 and sections 50(1)(a) and (c)–(h) and 51 brought into force, on 19 November 2007, by the Climate Change Response Act Commencement Order 2007 (SR 2007/336).
2A Application of Schedules 3 and 4 (1) Any provision in this Act that imposes an obligation on, or provides an entitlement to, a person in respect of an activity listed in Schedule 3 or 4— (a) does not apply to that person unless— (i) the Part or subpart in Schedule 3 or 4 in which the activity is listed applies; and the person, if carrying out an activity listed in subpart 2 or 4 of Part 5 of Schedule 3, falls within a class of persons prescribed in an Order in Coun- cil that applies that subpart; and (ii) 12 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 2A (b) applies subject to sections 2C(3), 217 to 221, and 222A to 222D.
(2) (3) (4) (5) (6) (7) (8) (9) Part 1 of Schedule 3 and Parts 1 and 3 of Schedule 4 apply on and after 1 January 2008.

Part 2 of Schedule 3 and Part 4 of Schedule 4 apply on and after 1 January 2009.

Part 3 of Schedule 3, subpart 1 of Part 4 of Schedule 3, and subpart 1 of Part 2 of Schedule 4 apply on and after 1 January 2010.

Subpart 1 of Part 5 of Schedule 3 applies on and after 1 January 2011.

Subpart 3 of Part 5 of Schedule 3 applies on and after 1 January 2011.
Subpart 2 of Part 4 of Schedule 3, Part 6 of Schedule 3, and subpart 3 of Part 2 of Schedule 4 apply on and after 1 January 2011.

Subpart 2 of Part 5 of Schedule 3 applies on and after a date appointed by the Governor-General by Order in Council.

Subpart 4 of Part 5 of Schedule 3 applies on and after a date appointed by the Governor-General by Order in Council.
[Repealed] [Repealed] [Repealed] [Repealed] (10) (11) (12) (13) (14) Subpart 2 of Part 2 of Schedule 4 applies on and after a date to (15) (16) (17) (18) (19) be appointed by the Governor-General by Order in Council.

[Repealed] [Repealed] [Repealed] [Repealed] [Repealed] Section 2A: inserted, on 26 September 2008, by section 4 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 2A(1): substituted, on 8 December 2009, by section 4(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

13 Part 1 s 2B Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 2A(5): amended, on 8 December 2009, by section 4(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 2A(6): amended, on 8 December 2009, by section 4(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 2A(8): amended, on 8 December 2009, by section 4(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 2A(9): amended, on 8 December 2009, by section 4(5) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 2A(10): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 2A(11): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 2A(12): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 2A(13): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 2A(15): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 2A(16): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 2A(17): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 2A(18): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 2A(19): repealed, on 8 December 2009, by section 4(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
2B Orders in Council in relation to Part 5 of Schedule 3 (1) An Order in Council made under section 2A(8) or (9) appoint- ing a date on and after which subpart 2 or 4 of Part 5 of Sched- ule 3 applies must— 14 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 2B (a) (b) (c) (d) be made on the recommendation of the Minister respon- sible for the administration of this Act; and appoint a date that is 1 January in a year; and be made at least 1 year before the date appointed in the Order in Council; and not appoint a date earlier than 1 January 2013.
(2) One or more Orders in Council made under section 2A(8) or (9) may provide that subpart 2 or 4 of Part 5 of Schedule 3 applies— (a) specifically to 1 or more classes of persons who carry out an activity listed in subpart 2 or 4 of Part 5 of Sched- ule 3 on and after a date appointed in the order; or generally to all persons who carry out an activity listed in subpart 2 or 4 of Part 5 of Schedule 3 on and after a date appointed in the order.
(b) (3) (4) (b) (c) Before recommending that an Order in Council be made under section 2A(8) or (9), the Minister must have regard to— (a) the need for the chief executive responsible for the ad- ministration of Parts 4 and 5 of this Act to be able to verify information contained in emissions returns of the persons who will become participants in respect of an activity listed in subpart 2 or 4 of Part 5 of Schedule 3 by operation of the order; and the likelihood that, as a result of becoming participants by operation of the order, persons carrying out an activ- ity listed in subpart 2 or 4 of Part 5 of Schedule 3 will reduce their emissions; and the desirability of minimising— (i) (ii) the compliance and administration costs of per- sons who will become participants in respect of an activity listed in subpart 2 or 4 of Part 5 of Schedule 3 by operation of the order; and the administration costs of the Crown in admin- istering the greenhouse gas emissions trading scheme established under this Act.
Before recommending the making of an Order in Council under section 2A(8) or (9), the Minister must consult, or be satisfied that the chief executive has consulted, persons (or 15 Part 1 s 2C Climate Change Response Act 2002 Reprinted as at 8 December 2009 their representatives) that appear to the Minister or the chief executive likely to have an interest in the order.
Section 2B: inserted, on 8 December 2009, by section 5 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

2C Effect of Orders in Council in relation to Part 5 of (1) (2) Schedule 3 This section applies if an Order in Council made under section 2A(8) or (9) has the effect that subparts 1 and 2 of Part 5 of Schedule 3, or subparts 3 and 4 of Part 5 of Schedule 3, apply at the same time.
If this section applies, then regulations made under section 163(1) may require— (a) a person carrying out an activity listed in subpart 1 of Part 5 of Schedule 3 and a person carrying out an activ- ity listed in subpart 2 of Part 5 of Schedule 3 to— (i) collect data or other information relating to the same synthetic fertiliser; and calculate emissions in respect of emissions relat- ing to the same synthetic fertiliser; or (ii) (b) a person carrying out an activity listed in subpart 3 of Part 5 of Schedule 3 and a person carrying out an activ- ity listed in subpart 4 of Part 5 of Schedule 3 to— (i) collect data or other information relating to the same ruminant animals, pigs, horses, or poultry; and calculate emissions relating to the same ruminant animals, pigs, horses, or poultry.
(ii) (3) However,— (a) (b) on and after the date from which the person carrying out an activity listed in subpart 2 of Part 5 of Schedule 3 is required to surrender units for emissions relating to the fertiliser, this Act no longer applies to the person carrying out the activity listed in subpart 1 of Part 5 of Schedule 3 in relation to the fertiliser; and on and after the date from which the person carrying out an activity listed in subpart 4 of Part 5 of Schedule 3 is required to surrender units for emissions relating to the ruminant animals, pigs, horses, or poultry, this Act 16 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 3 no longer applies to the person carrying out the activity listed in subpart 3 of Part 5 of Schedule 3 in relation to those ruminant animals, pigs, horses, or poultry.
(4) (5) 3 (1) (b) If an Order in Council is made under— (a) section 2A(8) that has the effect of applying subpart 2 of Part 5 of Schedule 3 to all persons who carry out an activity listed in that subpart from a date appointed in that order, then section 2A(5) and subpart 1 of Part 5 of Schedule 3 expire and are repealed on the date from which all persons carrying out an activity listed in subpart 2 of Part 5 of Schedule 3 are liable to surrender units in respect of emissions from the activity: section 2A(9) that has the effect of applying subpart 4 of Part 5 of Schedule 3 to all persons who carry out an activity listed in that subpart from a date appointed in that order, then section 2A(6) and subpart 3 of Part 5 of Schedule 3 expire and are repealed on the date from which all persons carrying out an activity listed in subpart 4 of Part 5 of Schedule 3 are liable to surrender units in respect of emissions from the activity.
If, by operation of subsection (3)(a) or (b) or (4)(a) or (b), this Act no longer applies to a person carrying out an activity in subpart 1 or 3 of Part 5 of Schedule 3, or an activity listed in subpart 1 or 3 of Part 5 of Schedule 3 is repealed, then— (a) section 54(4) applies, with any necessary modifications, to any person who has ceased, by operation of the pro- vision, to be a participant in respect of that activity; and the person is not required to comply with section 59, but the chief executive may, for the purposes of section 59(2), determine that the person has ceased to carry out the activity.
(b) Section 2C: inserted, on 8 December 2009, by section 5 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Purpose The purpose of this Act is to— (a) enable New Zealand to meet its international obliga- tions under the Convention and the Protocol, including (but not limited to)— 17 Part 1 s 3A Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) (ii) its obligation under Article 3.1 of the Protocol to retire Kyoto units equal to the number of tonnes of carbon dioxide equivalent of human-induced greenhouse gases emitted from the sources listed in Annex A of the Protocol in New Zealand in the first commitment period; and its obligation to report to the Conference of the Parties via the Secretariat under Article 7 of the Protocol and Article 12 of the Convention: provide for the implementation, operation, and admin- istration of a greenhouse gas emissions trading scheme in New Zealand that supports and encourages global ef- forts to reduce greenhouse gas emissions by assisting New Zealand to meet its international obligations under the Convention and the Protocol, and by reducing New Zealand’s net emissions below business-as-usual levels.
(b) (3) [Repealed] (2) (2) A person who exercises a power or discretion, or carries out a duty, under this Act must exercise that power or discretion, or carry out that duty, in a manner that is consistent with the purpose of this Act.
For the purposes of this section, business-as-usual levels means the levels of New Zealand’s greenhouse gas emissions, estimated by a Minister or chief executive with powers or functions under this Act at any particular point in time, as if the greenhouse gas emissions trading scheme provided for under this Act had not been implemented.

Section 3(1): substituted, on 26 September 2008, by section 5 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 3 first subsection (2): repealed, on 8 December 2009, by section 6(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 3(3): added, on 8 December 2009, by section 6(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
3A Treaty of Waitangi (Te Tiriti o Waitangi) In order to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi,— 18 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 3A (a) with respect to section 2B (which relates to Orders in Council in relation to Part 5 of Schedule 3), before rec- ommending the making of an Order in Council under section 2A(8) or (9), the Minister must consult, or be satisfied that the chief executive has consulted, repre- sentatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in the order: (b) with respect to section 75 (which relates to consultation on a pre-1990 forest land allocation plan), before mak- ing a recommendation under section 72, the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an in- terest in the pre-1990 forest land allocation plan: with respect to section 76 (which relates to consultation on a fishing allocation plan), before making a recom- mendation under section 74, the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Min- ister or chief executive likely to have an interest in the fishing allocation plan: (c) (d) with respect to section 161 (which relates to the appoint- ment and conduct of a review panel),— (i) the Minister must, when
 appointing members to a review panel under section 160(6), ensure that the review panel has at least 1 member who, in the Minister’s opinion, has the appropriate knowledge, skill, and experience relating to the principles of the Treaty of Waitangi and tikanga Māori to conduct the review; and the review panel must consult with the represen- tatives of iwi and Māori that appear to the panel likely to have an interest in the review; and the terms of reference for the review panel must incorporate reference to the
 principles of the Treaty of Waitangi: (ii) (iii) (e) with respect to section 161G (which relates to regula- tion-making powers in relation to eligible agricultural activities), before recommending the making of a regu- 19 Part 1 s 3A Climate Change Response Act 2002 Reprinted as at 8 December 2009 (f) lation under section 161G(1), the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Min- ister or chief executive likely to have an interest in the regulation: with respect to section 162 (which relates to regulations adding further activity to Part 2 of Schedule 4), before recommending the making of a regulation under section 162(1), the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in the regulation: (g) with respect to section 163 (which relates to regula- tions relating to methodologies and verifiers), before recommending the making of a regulation under sec- tion 163(1), the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief ex- ecutive likely to have an interest in the regulation: (h) with respect to section 164 (which relates to regula- tions relating to unique emissions factors), before rec- ommending the making of a regulation under section 164, the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that appear to the Minister or chief executive likely to have an interest in the regulation: to section 224 (which relates to the with respect gazetting of targets), before the Minister responsible for the administration of this Act may set, amend, or re- voke a target, the Minister must consult, or be satisfied that the chief executive has consulted, representatives of iwi and Māori that
 appear to the Minister or chief executive likely to have an interest in the target: with respect to section 225 (which relates to regulations relating to targets), before recommending the making of a regulation under section 225(1), the Minister must consult, or be satisfied that the chief executive has con- sulted, representatives of iwi and Māori that appear to (j) (i) 20 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 4 (1) the Minister or chief executive likely to have an interest in the regulation.
Section 3A: inserted, on 8 December 2009, by section 7 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Interpretation In this Act, unless the context otherwise requires,— account number means a unique account number assigned to a holding account by the Registrar under section 15(1)(a) allocate, in relation to New Zealand units,— (a) means the allocation or provisional allocation of New Zealand units; but (b) does not include the transfer of New Zealand units allocation plan means an allocation plan issued under section 70 animal material has the same meaning as in section 4(1) of the Animal Products Act 1999 animal product has the same meaning as in section 4(1) of the Animal Products Act 1999 animal welfare export certificate means an animal welfare export certificate issued under section 46 of the Animal Wel- fare Act 1999 approved overseas unit means a unit, other than a Kyoto unit,— (a) (b) issued by an overseas registry; and prescribed as a unit that may be transferred to accounts in the Registry assigned amount unit means a unit issued out of a Party’s initial assigned amount and designated as an assigned amount unit by— (a) (b) the Registry; or an overseas registry of a Party listed in Annex B of the Protocol associated person has the meaning given to it by subsection (3) Australian eligible industrial activity means an activity that is, or is likely to be, specified as an emissions-intensive trade- 21 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 exposed activity in respect of which a person may be allocated emissions units under Australian law cancel, in relation to a unit, means the transfer of the unit to a cancellation account in the Registry with the effect specified in section 18CA(1) carbon accounting area means an area of post-1989 forest land that— (a) is defined by a person who is registered or has applied to register as a participant under section 57 in relation to an activity listed in Part 1 of Schedule 4; and (b) meets any relevant criteria specified in regulations made (c) under this Act; or is constituted as a carbon accounting area by operation of section
 188(7)(b) or 192(3)(b) carbon dioxide equivalent, in relation to a gas in Annex A of the Protocol, means the amount, in tonnes, of carbon dioxide that would produce the same global warming as the amount of that gas, calculated by multiplying the tonnes of that gas by its global warming potential (as determined under Article 5.3 of the Protocol) carry-over means the transfer of an assigned amount unit, cer- tified emission reduction unit, or emission reduction unit from the relevant commitment period to a subsequent commitment period so that the unit remains capable of being transferred, retired, cancelled, or carried-over in that subsequent commit- ment period CDM registry means the registry established and maintained as the clean development mechanism registry under Article 12 of the Protocol certified emission reduction unit means a unit derived from a clean development mechanism project, issued by the CDM registry, and designated as a certified emission reduction unit by the CDM registry chief executive, in relation to a Part or subpart, means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of the Part or subpart 22 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 chief executive responsible for the administration of this Act means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the admin- istration of this Act clean development mechanism project means a project undertaken under Article 12 of the Protocol for the benefit of a Party not listed in Annex I of the Convention clear, in relation to a tree,— (a) includes— (i) felling, harvesting, burning, removing by mech- anical means, spraying with a herbicide intended to kill the tree, or undertaking any other form of human activity that kills the tree; and felling, burning, killing, uprooting, or destroying by a natural cause or event; but (ii) does not
 include pruning or thinning (b) coal has the same meaning as in section 2(1) of the Crown Minerals Act 1991 commitment period reserve means a number of Kyoto units equal to the lesser of— (a) 90% of the assigned amount units issued out of New Zealand’s initial assigned amount; or 5 times the number of tonnes of carbon dioxide equiva- lent of human-induced greenhouse gases emitted from the sources listed in Annex A of the Protocol in the most recent year, as estimated by the most recent inventory of greenhouse gases that has been reported in accordance with Article 7 of the Protocol and reviewed in accord- ance with Article 8 of the Protocol (b) Conference of the Parties means the Conference of the Par- ties to the Convention consolidated group means a consolidated group formed under section 150 Convention— (a) means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, a copy of the English text of which is set out in Schedule 1; and 23 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) includes any amendments made to the Convention that are, or will become, binding on New Zealand from time to time conversion account means an account in the Registry used for the purpose of converting New Zealand units into assigned amount units convert, in relation to a New Zealand unit, means the transfer of the unit to a conversion account in the Registry with the effect specified in section 18CA(5) Crown conservation contract means a written agreement with the Crown (including a concession granted in accordance with Part 3B of the Conservation Act 1987) for the removal and storage of greenhouse gases on post-1989 forest land that is Crown land managed or administered under the Conserva- tion Act 1987 or any of the Acts listed in Schedule 1 of that Act Crown holding account— (a) means a holding account that is established and held by the Crown in accordance with a direction of the Minister of Finance under section 6;
 and does not include a holding account opened by any other person on behalf of the Crown under section 18A Crown land has the same meaning as in section 2(1) of the Crown Minerals Act 1991 dairy processing, in relation to milk or colostrum, means the first occasion, other than at a farm dairy, on which the milk or colostrum is made subject to heat treatment, freezing, sep- aration, concentration, filtering, blending, extraction of milk components, and the addition of other material, including (but not limited to) food, ingredients, additives, or processing aids as defined in the Food Standards Code deforest, in relation to forest land,— (a) means to convert forest land to land that is not forest (b) land; and (b) includes clearing forest land, where section 179 applies designated operational entity means an operational entity designated under Article 12(5) of the Protocol 24 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 disposal facility means any facility, including a landfill,— (a) (b) at which waste is disposed; and at which the waste disposed includes waste from a household that is not entirely from construction, reno- vation, or demolition of a house; and that operates, at least in part, as a business to dispose of waste; but does not include a facility, or any part of a facility, at which waste is combusted for the purpose of generating electricity or industrial heat (c) (d) dispose, in relation to waste,— (a) means— (i) the final or more than short-term deposit of waste into or onto land set apart for that purpose; or the incineration of waste by deliberately burning the waste to destroy it; but (ii) (b) does not include any deposit of biosolids for rehabilita- tion or other beneficial purposes document means a document in any form whether or not signed or initialled or otherwise authenticated by its maker; and includes— (a) (b) any writing on any material: any information recorded or stored by means of any tape recorder, computer,
 or any other device; and any mater- ial subsequently derived from information so recorded or stored: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: any book, map, plan, graph, or drawing: any photograph, film, negative, tape, or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced (c) (d) (e) elect, in relation to a sink activity under Article 3.4 of the Protocol, means that a Party has advised the Secretariat of its intention to report to the Secretariat on that activity for the pur- pose of compliance with that Party’s obligations under Article 3.1 of the Protocol 25 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 an eligible agricultural activity; or an eligible industrial activity eligible activity means— (a) (b) eligible agricultural activity means an activity or subclass of an activity listed in Part 5 of Schedule 3 in respect of which a person is required to surrender units for emissions under this Act eligible industrial activity means an activity that is specified as an eligible industrial activity in regulations made under sec- tion 161A eligible land means pre-1990 forest land (other than land that has been declared to be exempt land under section 183 or 184) eligible person means a person who meets any requirements for receiving an allocation of New Zealand units specified in, as relevant,— (a) (b) (c) (d) emission reduction unit means a unit derived from a joint im- plementation project, issued by converting an assigned amount unit or removal unit, and designated as an emission reduction unit by— (a) (b) section 80(1): section 85(1): any regulations made under this Act: an allocation plan the Registry; or an overseas registry of a Party listed in Annex B of the Protocol emissions, in relation to an activity listed in Schedule 3 or 4,
 means carbon dioxide equivalent emissions of greenhouse gases from the activity emissions return means— (a) an annual emissions return submitted under section 65; or an emissions return submitted under section 66; or a final emissions return submitted under section 118; or an emissions return submitted under section 187, 189, 191, or 193 (b) (c) (d) 26 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 entity, in relation to a group, means a reporting entity or re- porting entity’s subsidiary, within the meaning of section 2(1) of the Financial Reporting Act 1993 executive board means the board established under Article 12(4) of the Protocol exempt land— (a) means pre-1990 forest land that has been declared to be exempt land— (i) (ii) (b) under section 183; or under section 184 and in respect of which the conditions in section 184(6) have been met; but does not include any forest land that met the definition in paragraph (a), but has been deforested, and in respect of which the number of units that would have been re- quired to be surrendered in relation to an activity listed in Part 1 of Schedule 3, had the land not been exempt land, have been surrendered under section 187(2) exotic forest species means a forest species that is not an in- digenous forest species expire or expiry, in relation to a long-term certified emission reduction unit or a temporary certified emission reduction unit, means a unit that is no longer capable of being— (a)
 transferred to any account other than the general can- cellation account; or retired (b) export has a corresponding meaning to exportation in section 2(1) of the Customs and Excise Act 1996 farm dairy has the same meaning as in section 4(1) of the Animal Products Act 1999 financial year has the same meaning as in section 2(1) of the Public Finance Act 1989 first commitment period means the commitment period from 1 January 2008 to 31 December 2012 (inclusive) fishing allocation plan means the allocation plan
 that pro- vides for the matters specified in section 74 Food Standards Code has the same meaning as in section 4(1) of the Animal Products Act 1999 27 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) forest land— (a) means an area of land of at least 1 hectare that has, or is likely to have, tree crown cover from forest species of more than 30% in each hectare; and includes an area of land that temporarily does not meet the requirements specified in paragraph (a) because of human intervention or natural causes but that is likely to revert to land that meets the requirements specified in paragraph (a); but does not include— (i) (c) (ii) a shelter belt of forest species, where the tree crown cover has, or is likely to have, an average width of less than 30 metres; or an area of land where the forest species have, or are likely to have, a tree crown cover of an aver- age width of less than 30 metres, unless the area is contiguous with land that meets the requirements specified in paragraph (a) or (b) forest species means a tree species capable of reaching at least 5 metres in height at maturity in the place where it is located, but does not include tree species grown or managed primarily for the production of fruit or nut crops general cancellation account means an account in the Regis- try for the purpose of holding units on behalf of the Crown that are cancelled for any reason other than sink activities being a source of emissions or a determination that New Zealand is not in compliance with Article 3.1 of the Protocol greenhouse gas means a gas listed in Annex A of the Protocol group has the same meaning as in section 2(1) of the Financial Reporting Act 1993 holding account means an account in the Registry for the pur- pose of holding units that have not been retired, surrendered, converted, or cancelled import has a corresponding meaning to importation in section 2(1) of the Customs and Excise Act 1996 indigenous forest species
 means a forest species that occurs naturally in New Zealand or has arrived in New Zealand with- out human assistance 28 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 indirect greenhouse gas— (a) means a gas that— (i) (ii) reacts with other gases to form a greenhouse gas; or changes the chemistry of the atmosphere in a way that increases the lifetime of other greenhouse gases; and (b) includes, but is not limited to, carbon monoxide, nitro- gen oxides, non-methane volatile organic compounds, and sulphur dioxide industrial or trade premises means any premises used for any industrial or trade purposes, or any premises used for the storage, transfer, treatment, or disposal of waste materials or for other waste-management purposes; but does not include any production land initial assigned amount means the allowance of emissions of greenhouse gas assigned to a Party listed in Annex B of the Protocol, measured in tonnes of carbon dioxide equivalent, and calculated under Articles 3.7 and 3.8 of the Protocol international transaction log means an international log es- tablished and maintained by the Secretariat to confirm the val- idity of transactions, including the issue and transfer of Kyoto units between registries and between accounts in the Registry inventory agency means the chief executive of the department that is, with the authority of the Prime Minister, responsible for the administration of Part 3 joint implementation project means a project aimed at re- ducing the human-induced emissions of greenhouse gases by sources or enhancing the human-induced removals by sink ac- tivities of a Party listed in Annex I of the Convention that is undertaken under Article 6 of the Protocol Kyoto units means all of the unit types specified in, or in ac- cordance with, the Protocol (namely, assigned amount units, certified emission reduction units, emission reduction units, long-term certified emission reduction units, removal units, and temporary
 certified emission reduction units) 29 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 landowner,— (a) (b) in relation to Crown land, means the appropriate Minis- ter (as that term is defined in section 2(2) of the Crown Minerals Act 1991); and in relation to land other than Crown land, means— (i) (ii) the legal owner of a freehold estate in the land; or if the land is Maori customary land (as defined in section 4 of Te Ture Whenua Maori Act 1993), the person or persons who have title to the land as determined under Te Ture Whenua Maori Act 1993; or if the land is Maori freehold land (as defined in section 4 of Te Ture Whenua Maori Act 1993), the legal owner of the land (iii) local authority means a local authority within the meaning of the Local Government Act 2002 long-term certified emission reduction replacement ac- count means an account in the Registry— (a) for the purpose of— (i) replacing long-term certified emission reduction units in that account or the retirement account, before they are due to expire, with assigned amount units, certified emission reduction units, emission reduction units, or removal units; or replacing long-term certified emission reduction units, no more than 30 days before they are due to expire as a result of a reversal of sinks or non- receipt of a certification report, with— (A) (ii) (B) assigned amount units, certified emission reduction units, emission reduction units, or removal units; or long-term
 certified emission reduction units from the same clean development mechanism project; and (b) that is limited to the relevant commitment period long-term certified emission reduction unit means a unit de- rived from a clean development mechanism project, issued by the CDM registry, and designated as a long-term certified emission reduction unit by the CDM registry 30 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 Maori land has the same meaning as in section 4 of Te Ture Whenua
 Maori Act 1993 member, in relation to an unincorporated body, means a part- ner, joint venturer, trustee, joint owner of land, or other mem- ber of the body merchantable timber means timber from the stem of a tree more than 10 years old, other than— (a) (b) wood that is decayed or grossly distorted; and (c) wood that is less than 10 centimetres in diameter, ex- cluding the bark the stump; and mining has the same meaning as in section 2(1) of the Crown Minerals Act 1991 Minister, in relation to a Part of this Act, means the Minister who is, under the authority of any warrant or under the author- ity of the Prime Minister, responsible for the administration of the Part Minister responsible for the administration of this Act means the Minister who is, under the authority of any warrant or under the authority of the Prime Minister, responsible for the administration of this Act natural gas means— (a) all gaseous hydrocarbons produced from wells, includ- ing wet gas and residual gas remaining after the extrac- tion of condensate from wet gas; and liquid hydrocarbons, other than condensate, extracted from wet gas and sold as natural gas liquids, for ex- ample, liquid petroleum gas; and coal seam gas (c) New Zealand unit means a unit issued by the Registrar and designated as a New Zealand unit nominated entity, in relation to a consolidated group, means an entity appointed under section 150(4)(b) or 152(3)(b) as the nominated entity of a consolidated group non-compliance
 cancellation account means an account in the Registry for the purpose of holding any units on behalf of the Crown that are cancelled as a result of a determination (b) 31 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 that New Zealand is not in compliance with Article 3.1 of the Protocol obligation fuel means any fuel specified as obligation fuel in regulations made under this Act obligation jet fuel means any jet fuel specified as obligation jet fuel in regulations made under
 this Act operating, in relation to a disposal facility, means being in control of the facility ordinary hours of business means the hours of 8 am to 6 pm from Monday to Friday overseas registry means— (a) a registry of a Party listed in Annex B of the Protocol (other than New Zealand): the CDM registry any other prescribed registry (b) (c) participant means a person who is a participant under section 54 Party means a Party to the Protocol performance, in relation to ruminants and other farmed live- stock, means the production statistics with respect to those ani- mals, including, but not limited to, weight, milk production, lambing and calving percentage, and wool weight post-1989 forest land means forest land that— (a) (b) was forest land on 31 December 1989 but was defor- ested in the period beginning on 1 January 1990 and ending on 31 December 2007; or was pre-1990 forest land, other than exempt land,— (i) was not forest land on 31 December 1989; or (c) that was deforested on or after 1 January 2008; and in respect of which any liability to surrender units arising in relation to an activity listed in Part 1 of Schedule 3 has been satisfied; or (ii) (d) was exempt land— (i) (ii) that has been deforested; and in respect of which the number of units that would have been required to be surrendered in relation to an activity listed in Part 1 of Schedule 32 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 3, had the land not been exempt
 land, have been surrendered under section 187(2) pre-1990 forest land— (a) means forest land— (b) (i) (ii) that was forest land on 31 December 1989; and that remained as forest land on 31 December 2007 (taking into account subsection (5)); and (iii) where the forest species on the forest land on 31 December 2007 consisted predominantly of exotic forest species; but does not include any forest land that met the definition in paragraph (a), but— (i) has been deforested and in respect of which any liability to
 surrender units arising in respect of an activity listed in Part 1 of Schedule 3 has been satisfied; or (ii) was declared to be exempt land, has been defor- ested, and the number of units that would have been required to be surrendered in respect of an activity listed in Part 1 of Schedule 3 had the land not been exempt land have been surrendered under section 187(2)(b) pre-1990 forest land allocation plan means an allocation plan that provides for the matters specified in section 72 previous commitment period means a commitment period, including (but not limited to) the first commitment period, that— (a) (b) is specified or determined under the Protocol; and begins and ends before a subsequent commitment period primary representative means an individual appointed by an account holder as a primary representative of the account holder in accordance with any regulations made under Part 2 production land means any land used for the production of primary products (including agricultural, pastoral, horticul- tural, and forestry products); but does not include any build- ings 33 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Protocol— (a) means the Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997, a copy of the English text of which is set out in Schedule 2; and includes any amendments made to the Protocol that are, or will become, binding on New Zealand from time to time (b) provisional allocation means a provisional allocation made under section 81 public notice means a notice published in a daily newspaper in each of the cities of Auckland, Wellington, Christchurch, and Dunedin, and made accessible via the Internet recover, in relation to dispose,— (a) means the extraction of materials or energy from waste for further use or processing; and includes making waste into compost (b) recycle, in relation to dispose, means the reprocessing of waste to produce new materials registered forestry right
 means a forestry right registered under the Forestry Rights Registration Act 1983 registered lease,— (a) in relation to a lease in respect of land registered under the Land Transfer Act 1952,— (i) (ii) means a lease registered under that Act; and includes a lease registered under the Land Trans- fer (Computer Registers and Electronic Lodge- ment) Amendment Act 2002: (b) in relation to a lease in respect of land that is not regis- tered under the Land Transfer Act 1952, means a lease registered under the Deeds Registration Act 1908 Registry means the Registry established in New Zealand for the purpose set out in section 10 relevant commitment period means a commitment period that is specified or determined under the Protocol, and— (a) (b) in which a particular activity or transaction occurs; or to which an account or Kyoto unit is associated 34 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 removal activity means an activity that is listed in Part 1 or 2 of Schedule 4 removal unit means a unit— (a) derived from a Party’s sink activities that result in a net removal of greenhouse gases; and designated as a removal unit by— (i) (ii) the Registry; or an overseas registry of a Party listed in Annex B of the Protocol (b) (ii) removals, in relation to a removal activity, means carbon diox- ide equivalent greenhouse gases that are, as a result of the re- moval activity,— (a) (b) (c) removed from the atmosphere; or not released into the
 atmosphere; or a reduction from emissions reported in— (i) New Zealand’s annual inventory report under section 32 as required under the Convention or Protocol for any year; or any emissions report from New Zealand under a successor international agreement retire, in relation to a Kyoto unit, means the transfer of that Kyoto unit to a retirement account in the Registry with the effect specified in section 18CA(2) retirement account means an account in the Registry for the purpose of holding Kyoto units that the
 Minister of Finance has retired on behalf of the Crown reuse, in relation to dispose, means the further use of waste in its existing form for the original purpose of the materials or products that constitute the waste or for a similar purpose Secretariat means the Secretariat of the Convention sink activity, in relation to greenhouse gas removals, means— an activity under Article 3.3 of the Protocol; or (a) an elected activity under Article 3.4 of the Protocol (b) sink cancellation account means an account in the Registry for the purpose of holding units that the Minister of Finance has cancelled on behalf of the Crown as a result of sink activ- ities resulting in a net source of emissions 35 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 is specified or determined under the Protocol; and begins and ends after a previous commitment period solid biofuel means wood, wood waste, sulphate lyes, or char- coal subsequent commitment period means a commitment period that— (a) (b) supervisory committee means the committee established to supervise the verification of emission reduction units gener- ated by project activities under Article 6 of the Protocol surrender means the transfer of a unit to a surrender account in the Registry with the effect specified in section 18CA(3) or (4) surrender account means an account in the Registry for the purpose of holding units that account holders have surrendered temporary certified emission reduction replacement ac- count means an account in the Registry— (a) for the purpose of replacing temporary certified emis- sion reduction units, before they are due to expire, with assigned amount units, certified emission reduction units, emission reduction units, removal units, or tem- porary certified emission reduction units that are due to expire in a subsequent commitment period; and (b) that is limited to the relevant commitment period temporary certified emission reduction unit means a unit derived from a
 clean development mechanism project issued by the CDM registry, and designated as a temporary certified emission reduction unit by the CDM registry unincorporated body— (a) means an unincorporated body of persons; and (b) includes (but is not limited to)— (i) a partnership, a joint venture, or the trustees of a trust; and if land, a lease, a forestry right, or a Crown con- servation contract is not owned, held, or entered into by a partnership, joint venture, or the trustees of a trust, 3 or more joint— landowners; or (A) leaseholders; or (B) (ii) 36 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 (c) (C) (D) holders of a registered forestry right; or parties to a Crown conservation contract; but does not, unless they are partners, joint venturers, or trustees of a trust, include 2 joint— (i) (ii) (iii) (iv) landowners; or leaseholders; or holders of a registered forestry right; or parties to a Crown conservation contract unit means a Kyoto unit, a New Zealand unit, or an approved overseas unit waste means any thing that has been disposed of or dis- carded— (a) including (but not limited to) any disposed of or dis- carded thing that is defined by its composition or source (for example, organic waste, electronic waste, or con- struction and demolition waste); but excluding any solid biofuel combusted for the purposes of generating electricity or industrial heat year means a calendar year ending on 31 December.
Terms and expressions used and not defined in this Act but defined in the Convention or Protocol have, unless the context otherwise requires, the same meaning as in the Convention or Protocol.
(b) (2) (3) A person is an associated person in relation to 1 or more other persons if— (a) each person is a body corporate and each of the bodies corporate— (i) consist substantially of the same members or shareholders; or are under the control of the same persons; or (b) (ii) any of the bodies corporate— (i) has the power, directly or indirectly, to exercise, or control the exercise of, 25% or more of the voting power at a meeting of the other; or is able to appoint or control 25% or more of the governing body of the other.
(ii) 37 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (4) For the purposes of the definition of dispose, a deposit of waste is short-term if, not later than 6 months after the deposit (or any later time that the chief executive has agreed to in writing), the waste is— (a) (b) (c) reused or recycled; or recovered; or removed from the land for any other reason.
(5) Despite anything in this Act, a hectare of land is not to be treated as pre-1990 forest land if,— (a) on 1 January 2008, the land had— (i) no standing exotic forest species (dead or alive), other than a strip of standing exotic forest species that had, or was likely to have, tree crown cover of an average width of less than 30 metres; and no other merchantable timber from exotic forest species; and (ii) (b) 4 years after the date on which the land met the condi- tions in paragraph (a), it is not forest land and no allo- cation has been made in respect of the land under the pre-1990 forest land allocation plan.
Section 4(1) account number: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) allocate: inserted, on 8 December 2009, by section 8(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) allocation plan: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) allocation plan: amended, on 8 December 2009, by section 8(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) animal material: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) animal product: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) animal welfare export certificate: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trad- ing) Amendment Act 2009 (2009 No 57).

38 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 Section 4(1) approved overseas unit: inserted, on 26 September 2008, by sec- tion 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) assigned amount unit: amended, on 26 September 2008, by sec- tion 6(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) associated person: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Australian eligible industrial activity: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) cancel: substituted, on 26 September 2008, by section 6(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) carbon accounting area: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) carbon accounting area paragraph (b): amended, on 8 December 2009, by section 8(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 4(1) carbon accounting area paragraph (c): added, on 8 December 2009, by section 8(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) carbon dioxide equivalent: amended, on 26 September 2008, by section 6(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) carry-over: amended, on 26 September 2008, by section 6(6)(a) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) carry-over: amended, on 26 September 2008, by section 6(6)(b) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) carry-over: amended, on 1 August 2003, by section 5(1)(a) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) certified emission reduction unit: amended, on 26 September 2008, by section 6(7) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) chief executive: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) chief executive: amended, on 8 December 2009, by section 8(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 4(1) chief executive responsible for the administration of this Act: inserted, on 26 September 2008, by section 6(2) of the Climate Change Re- sponse (Emissions Trading) Amendment Act 2008 (2008 No 85).

39 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 4(1) clean development mechanism project: amended, on 1 August 2003, by section 5(1)(b) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) clear: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) coal: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) commitment period: repealed, on 1 August 2003, by section 5(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) commitment period reserve: amended, on 26 September 2008, by section 6(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) commitment period reserve paragraph (b): amended, on 26 Sep- tember 2008, by section 6(9) of the Climate Change Response (Emissions Trad- ing) Amendment Act 2008 (2008 No 85).
Section 4(1) consolidated group: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amend- ment Act 2009 (2009 No 57).

Section 4(1) Convention: substituted, on 8 December 2009, by section 8(5) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) conversion account: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) convert: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) Crown conservation contract: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amend- ment Act 2008 (2008 No 85).

Section 4(1) Crown holding account: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
inserted, on 26 September 2008, by section 6(2) Section 4(1) Crown land: of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) dairy processing: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) deforest: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) designated operational entity: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).

40 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 Section 4(1) disposal facility: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) dispose: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) document: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) draft allocation plan: repealed, on 8 December 2009, by section 8(6) of the Climate Change Response (Moderated Emissions Trading) Amend- ment Act 2009 (2009 No 57).
Section 4(1) eligible activity: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) eligible agricultural activity: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 4(1) eligible industrial activity: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) eligible land: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 4(1) eligible person: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) emission reduction unit: amended, on 26 September 2008, by section 6(10) of the Climate Change Response (Emissions Trading) Amend- ment Act 2008 (2008 No 85).

Section 4(1) emissions: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) emissions return: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) entity: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) executive board: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) exempt land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) exotic forest species: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
41 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 4(1) expire or expiry: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 4(1) export: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) farm dairy: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) financial year: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) first commitment period: inserted, on 1 August 2003, by section 5(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) fishing allocation plan: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amend- ment Act 2009 (2009 No 57).

Section 4(1) Food Standards Code: inserted, on 26 September 2008, by sec- tion 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) forest land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) forest land paragraph (a): amended, on 8 December 2009, by section 8(7) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) forest land paragraph (c)(i): amended, on 8 December 2009, by section 8(8) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 4(1) forest land paragraph (c)(ii): amended, on 8 December 2009, by section 8(9) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) forest species: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) forest species: amended, on 8 December 2009, by section 8(10) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) group: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) holding account: amended, on 26 September 2008, by section 6(11) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) holding account: amended, on 1 August 2003, by section 5(1)(c) of the Climate Change Response Amendment Act 2006 (2006 No 59).

42 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 Section 4(1) import: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) independent transaction log: repealed, on 26 September 2008, by section 6(12) of the Climate Change Response (Emissions Trading) Amend- ment Act 2008 (2008 No 85).

Section 4(1) indigenous forest species: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) initial assigned amount: amended, on 26 September 2008, by sec- tion 6(13) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) international transaction log: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) inventory agency: substituted, on 26 September 2008, by section 6(14) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) Kyoto units: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) landowner: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1): local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

Section 4(1) long-term certified emission reduction replacement account: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 4(1) long-term certified emission reduction unit: inserted, on 1 Au- gust 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) long-term certified emission reduction unit: amended, on 26 September 2008, by section 6(15) of the Climate Change Response (Emis- sions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) Maori land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) member: inserted, on 8 December 2009, by section 8(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) merchantable timber: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) mining: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
43 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 4(1) Minister: substituted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) Minister responsible for the administration of this Act: in- serted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) Minister responsible for the inventory agency: repealed, on 26 September 2008, by section 6(1) of the Climate Change Response (Emis- sions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) Minister responsible for the Registry: repealed, on 26 September 2008, by section 6(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) natural gas: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) New Zealand unit: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) nominated entity: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 4(1) obligation fuel: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) obligation jet fuel: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) operating: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) overseas registry paragraph (c): added, on 26 September 2008, by section 6(16) of the Climate Change Response (Emissions Trading) Amend- ment Act 2008 (2008 No 85).

Section 4(1) participant: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) post-1989 forest land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) post-1989 forest land paragraph (b): amended, on 8 December 2009, by section 8(11) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) pre-1990 forest land: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
44 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 1 s 4 Section 4(1) pre-1990 forest land allocation plan: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) previous commitment period: inserted, on 1 August 2003, by sec- tion 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) primary representative: inserted, on 26 September 2008, by sec- tion 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) Protocol: substituted, on 8 December 2009, by section 8(12) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 4(1) provisional allocation: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amend- ment Act 2009 (2009 No 57).

Section 4(1) public notice: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) recover: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) recycle: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) registered forestry right: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) registered lease: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) relevant commitment period: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 4(1) relevant commitment period paragraph (b): amended, on 26 Sep- tember 2008, by section 6(17) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) removal activity: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) removal unit paragraph (b): amended, on 26 September 2008, by section 6(18) of the Climate Change Response (Emissions Trading) Amend- ment Act 2008 (2008 No 85).

Section 4(1) removals: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) representative identifier: repealed, on 26 September 2008, by section 6(19) of the Climate Change Response (Emissions Trading) Amend- ment Act 2008 (2008 No 85).
45 Part 1 s 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 4(1) retire: substituted, on 26 September 2008, by section 6(20) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) retirement account: amended, on 26 September 2008, by section 6(21) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) reuse: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) solid biofuel: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 4(1) subsequent commitment period: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) surrender: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) surrender account: inserted, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) temporary certified emission reduction replacement account: inserted, on 1 August 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 4(1) temporary certified emission reduction unit: inserted, on 1 Au- gust 2003, by section 5(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 4(1) temporary certified emission reduction unit: amended, on 26 September 2008, by section 6(22) of the Climate Change Response (Emis- sions Trading) Amendment Act 2008 (2008 No 85).
Section 4(1) unincorporated body: inserted, on 8 December 2009, by section 8(2) of the Climate Change Response (Moderated Emissions Trading) Amend- ment Act 2009 (2009 No 57).

Section 4(1) unit: substituted, on 26 September 2008, by section 6(23) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(1) waste: substituted, on 8 December 2009, by section 8(13) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 4(1) year: added, on 26 September 2008, by section 6(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(3): added, on 26 September 2008, by section 6(24) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 4(4): added, on 26 September 2008, by section 6(24) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
46 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 6 Section 4(5): substituted, on 8 December 2009, by section 8(14) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

5 6 Act binds the Crown This Act binds the Crown.
Part 2 Institutional arrangements Subpart 1—Powers of Minister of Finance Minister of Finance may direct Registrar regarding establishment of Crown holding accounts and carry out trading activities with respect to units The Minister of Finance may, on behalf of the Crown,— (a) (b) (c) (d) (e) (f) direct the Registrar to establish or close Crown holding accounts: direct the Registrar to transfer units to any holding ac- count in the Registry or to an overseas registry: buy or sell units, or otherwise acquire or dispose of units: enter into agreements to buy or sell units, or otherwise acquire or dispose of units, with any person (including any other Party): buy or sell, or enter into any agreement to buy or sell, or otherwise acquire or dispose of, any financial deriva- tives or other financial instruments relating to units or in connection with transactions relating to units: appoint agents to conduct the activities referred to in paragraphs (a) to (e) on the terms and conditions that the Minister of Finance thinks fit.
Section 6 heading: amended, on 8 December 2009, by section 9(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 6(a): amended, on 8 December 2009, by section 9(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
47 Part 2 s 7 Climate Change Response Act 2002 Reprinted as at 8 December 2009 7 (1) Minister of Finance may give directions to Registrar regarding accounts and units The Minister of Finance may give directions to the Registrar to— (a) (vi) establish the following accounts in the Registry for the Crown: (i) (ii) (iii) (iv) (v) a sink cancellation account: a non-compliance cancellation account: a general cancellation account: a retirement account: a long-term certified emission reduction replace- ment account: a temporary certified emission reduction replace- ment account: (vii) a surrender account: (viii) a conversion account: issue assigned amount units in the Registry: issue removal units or emission reduction units: transfer, subject to any prescribed restriction or prohib- ition, units (other than long-term certified emission re- duction units or temporary certified emission reduction units) from holding accounts to the general cancella- tion account, the long-term certified emission reduction replacement account, the non-compliance cancellation account, the retirement account, the surrender account, the conversion account, the temporary certified emis- sion reduction replacement account, or the sink cancel- lation account: transfer long-term certified emission reduction units or temporary certified emission reduction units from hold- ing accounts to the general cancellation account, the long-term certified emission reduction replacement ac- count, the temporary certified emission reduction re- placement
 account, or the retirement account: carry-over assigned amount units, certified emission re- duction units, and emission reduction units held in hold- ing accounts: (b) (c) (d) (da) (e) (2) Despite subsection (1), or any regulations made under this Act, the Minister of Finance may not give a direction to transfer 48 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 7 (b) units from an account held by an account holder other than the Crown to another account in the Registry, unless— (a) the Minister of Finance has the written consent of the account holder; or if written consent is not given, the Minister of Finance gives the account holder reasonable notice and— (i) the transfer is required to comply with New Zealand’s obligations under the Protocol; or the account holder has failed to comply with Part 2 or any regulations made under section 30G; or (ii) (3) section 30F(3) applies.
(c) For the purposes of subsection (2)(b)(i), reasonable notice means sufficient opportunity in the circumstances for the rele- vant account holder to make a written submission to the Min- ister of Finance on the transfer of the units before the units are transferred.

Section 7(1)(a)(v): added, on 19 November 2007, by section 6(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(a)(vi): added, on 19 November 2007, by section 6(1) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).

Section 7(1)(a)(vii): added, on 26 September 2008, by section 7(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 7(1)(a)(viii): added, on 26 September 2008, by section 7(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(1)(b): substituted, on 19 November 2007, by section 6(2) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).

Section 7(1)(d): substituted, on 19 November 2007, by section 6(3) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).

Section 7(1)(d): amended, on 26 September 2008, by section 7(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(1)(d): amended, on 26 September 2008, by section 7(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 7(1)(da): inserted, on 19 November 2007, by section 6(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 7(1)(e): substituted, on 19 November 2007, by section 6(4) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).
Section 7(1)(e): amended, on 26 September 2008, by section 7(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 7(2): added, on 19 November 2007, by section 6(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).

49 Part 2 s 8 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 7(2)(b): substituted, on 26 September 2008, by section 7(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 7(2)(c): added, on 26 September 2008, by section 7(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 7(3): added, on 19 November 2007, by section 6(5) of the Climate Change Response Amendment Act 2006 (2006 No 59).
8 Registrar must give effect to directions of Minister of Finance The Registrar must give effect to any directions given by the Minister of Finance under section 6 or section 7 in accordance with, and subject to, the procedures set out in subpart 2 of this Part and regulations made under section 30G.

Section 8: amended, on 26 September 2008, by section 8 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
8A Minister of Finance must publish directions As soon as practicable after giving a direction under section 6 or 7, the Minister of Finance must publish a copy of the direction on the Registry’s Internet site.

Section 8A: inserted, on 19 November 2007, by section 7 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Minister of Finance may obtain information from inventory agency and Registrar For the purposes of managing the Crown’s holding of units and discharging New Zealand’s obligations under section 32(1)(b), the Minister of Finance may, as and when he or she thinks fit,— (a) direct the inventory agency to provide information es- timating New Zealand’s human-induced emissions of greenhouse gases by sources and removals by sink ac- tivities: direct the Registrar to provide information on those units, including, but not limited to, information indi- cating— (i) how many units the Crown holds; and (b) 9 50 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 10 (ii) how many units the Crown has issued or ac- quired, transferred, retired, replaced, cancelled, and carried-over.
Section 9: amended, on 19 November 2007, by section 8(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 9(b)(ii): amended, on 26 September 2008, by section 9 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 9(b)(ii): amended, on 19 November 2007, by section 8(2)(a) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 9(b)(ii): amended, on 19 November 2007, by section 8(2)(b) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Subpart 2—Registry Purpose of Registry 10 (1) (2) Purpose of Registry The purpose of the Registry in relation to Kyoto units is to— ensure, for the first commitment period or a subsequent (a) commitment period, the accurate, transparent, and effi- cient accounting of— (i) (ii) (iii) the issue, holding, transfer, retirement, surrender, and cancellation of Kyoto units; and the carry-over of assigned amount units, certified emission reduction units, and emission reduction units; and the replacement of expired long-term certified emission reduction units and expired temporary certified emission reduction units; and (b) ensure, in accordance with Article 7.4 of the Protocol, the accurate, transparent, and efficient exchange of in- formation between— (i) (ii) [Repealed] the Registry and overseas registries; and the Registry and the international transaction log.
(c) The purpose of the Registry in relation to New Zealand units and approved overseas units is to ensure— (a) the accurate, transparent, and efficient accounting of— (i) the issue of New Zealand units; and 51 Part 2 s 10 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (ii) (iii) the holding, transfer, surrender, and cancellation of New Zealand units and approved overseas units; and the conversion of New Zealand units into as- signed amount units; and (b) the accurate, transparent, and efficient exchange of in- formation between the Registry and overseas registries.
The purpose of the Registry in relation to all units is to facili- tate the exchange of information between those persons with functions, duties, and powers under this Act to enable all of them to perform their functions and duties, and exercise their powers.

Section 10(1): amended, on 26 September 2008, by section 10(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(1)(a): amended, on 26 September 2008, by section 10(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 10(1)(a): amended, on 19 November 2007, by section 9(1) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).

Section 10(1)(a)(i): amended, on 26 September 2008, by section 10(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(1)(a)(i): amended, on 26 September 2008, by section 10(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 10(1)(a)(i): amended, on 19 November 2007, by section 9(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 10(1)(a)(iii): added, on 19 November 2007, by section 9(3) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).
Section 10(1)(b)(ii): amended, on 26 September 2008, by section 10(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 10(1)(b)(ii): amended, on 26 September 2008, by section 10(6) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 10(1)(c): repealed, on 26 September 2008, by section 10(7) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 10(2): added, on 26 September 2008, by section 10(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 10(3): added, on 26 September 2008, by section 10(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(3) 52 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 15 11 12 13 14 Registrar Appointment of Registrar The chief executive must appoint a Registrar in accordance with the State Sector Act 1988.

Section 11: amended, on 26 September 2008, by section 11 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Registrar responsible for Registry The Registrar is responsible for the operation of the Registry.
Registrar may refuse access to, or suspend operation of, Registry The Registrar may refuse access to the Registry, or otherwise suspend the operation of the Registry (in whole or in part),— (a) (b) (c) (d) for maintenance; or in response to technical difficulties; or to ensure the security or integrity of the Registry; or to give effect to New Zealand’s international obliga- tions.

Section 13: substituted, on 19 November 2007, by section 10 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Registrar must give effect to directions The Registrar must give effect to any direction relating to the transfer of units from a Crown holding account (or in the case of reimbursement, from a surrender account) to the holding account of an eligible person or a participant (or, if required, in the prescribed circumstances to another holding account no- tified by one of those persons) that is given by a Minister or chief executive authorised to give such direction in accordance with a provision in Part 4 or 5 of this Act.
Section 14: substituted, on 8 December 2009, by section 10 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
15 (1) Registrar to allocate unique numbers The Registrar must, in accordance with regulations made under this Act,— 53 Part 2 s 16 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) allocate a unique account number to each account when the account is created; and allocate a unique serial number to— (i) each assigned amount unit when the Registrar records the initial assigned amount; and each removal unit when the Registrar issues the removal unit.
(ii) (1A) The Registrar may, subject to regulations made under this Part, (2) allocate a unique serial number to— a New Zealand unit; or (i) an approved overseas unit; or (ii) a class or subclass of New Zealand units; or (iii) (iv) a class or subclass of approved overseas units.
If the Minister of Finance directs the Registrar to issue emis- sion reduction units under section 7, the Registrar must con- vert the assigned amount units or removal units specified by the Minister of Finance into emission reduction units by— (a) giving the emission reduction units the serial numbers of the units from which the emission reduction units are being converted; and replacing the identifiers on the converted units with identifiers that designate that the converted units are emission reduction units.
(b) Section 15 heading: amended, on 26 September 2008, by section 13(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 15(1A): inserted, on 26 September 2008, by section 13(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Carry-over of certain Kyoto units 16 (1) An account holder may, subject to regulations made under this Act, apply to the Registrar to carry-over assigned amount units, certified emission reduction units, or emission reduction units held in that account holder’s holding account.

Long-term certified emission reduction units, removal units, and temporary certified emission reduction units may not be carried-over.
Section 16: substituted, on 19 November 2007, by section 12 of the Climate Change Response Amendment Act 2006 (2006 No 59).

(2) 54 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 17A Section 16 heading: amended, on 26 September 2008, by section 14(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 16(1): amended, on 26 September 2008, by section 14(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 16(2): amended, on 26 September 2008, by section 14(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Commitment period reserve 17 (1) Despite anything in this Act, the Registrar may not transfer or cancel Kyoto units if the transfer or cancellation would cause the total of the Kyoto units in all holding accounts and the retirement account in the unit register, excluding those Kyoto units subject to a notification from the international transaction log under section 21(3), to fall below the commitment period reserve.
This section does not apply to transfers or cancellations of Ky- oto units that the Registrar has issued as emission reduction units that were verified by the supervisory committee.

Section 17(1): substituted, on 26 September 2008, by section 15(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(2) Section 17(2): amended, on 26 September 2008, by section 15(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
17A Power of Registrar to delegate (1) The Registrar may, in writing, delegate to any person who is employed in the State services all or any of the functions, du- ties, and powers exercisable by the Registrar under this Act, except this power of delegation.
Subject to any general or special directions given or conditions specified at any time by the Registrar, the person to whom any functions, duties, or powers are delegated under this section must perform and may exercise those functions, duties, and powers in the same manner and with the same effect as if they had been conferred on that person directly by a section of this Act and not by delegation.
Every person purporting to act under any delegation under this section is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

(2) (3) 55 Part 2 s 18 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (5) (4) Any delegation under this section may be to a specified person or to persons of a specified class, or may be to the holder or holders for the time being of a specified office or specified classes of offices.
Every delegation under this section is revocable in writing at will by the Registrar, and no such delegation prevents the ex- ercise of any function, duty, or power by the Registrar.

Every delegation under this section, until revoked, continues in force according to its tenor, even if the Registrar by whom it was made has ceased to hold office.

For the purposes of this section, State services has the same meaning as in section 2 of the State Sector Act 1988.
Section 17A: inserted, on 8 December 2009, by section 11 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

(6) (7) Unit register Form and content of unit register The Registry must have a unit register that is— (a) (b) (c) in electronic form; and accessible via the Registry’s Internet site; and operated at all times, unless the Registrar suspends its operation (in whole or in part) under section 13 or as prescribed in regulations.
The unit register must contain— (a) a record of the holdings of units in holding accounts in New Zealand; and the particulars of transactions, including, but not limited to,— (i) (b) (ii) (iii) the issue, transfer, retirement, surrender, conver- sion, and cancellation of units; and the carry-over of assigned amount units, certified emission reduction units, and emission reduction units; and the replacement of long-term certified emission reduction units and temporary certified emission reduction units; and (c) any other matters that are required to be registered under this Act or regulations made under this Act.
18 (1) (2) 56 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 18A (3) A unit recorded in the unit register is— (a) (b) indivisible with respect to the issue, holding, transfer, retirement, replacement, surrender, carry-over, cancel- lation, and conversion of a unit within the unit register; and transferable, subject to any regulations made under this Act,— (i) (ii) within the unit register; or between the unit register and overseas registries.
Section 18(1)(b): amended, on 19 November 2007, by section 13(1) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).

Section 18(2)(b)(i): amended, on 26 September 2008, by section 16(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 18(2)(b)(i): amended, on 19 November 2007, by section 13(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18(2)(b)(iii): added, on 19 November 2007, by section 13(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 18(3): added, on 19 November 2007, by section 13(4) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 18(3)(a): substituted, on 26 September 2008, by section 16(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(2) (3) 18A Opening holding accounts (1) Any person may submit an application to the Registrar to open 1 or more holding accounts in the unit register by using the form and paying the fees (if any) prescribed in regulations made under this Act.

The Registrar may approve the opening of a holding account subject to any regulations made under this Act.
If the Registrar approves an application to open a holding ac- count, the Registrar must, as soon as practicable,— open a holding account in the applicant’s name; and (a) (b) provide the applicant with an account number.

If the application is incomplete, the Registrar must, as soon as practicable, ask the applicant to provide the information or fee (if any) that is required to make the application complete.
The Registrar may refuse to provide a holding account to any applicant who provides an incomplete application.

(5) (4) 57 Part 2 s 18B Climate Change Response Act 2002 Reprinted as at 8 December 2009 (6) A holding account is subject to any regulations made under this Act.

Section 18A: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 18A(3)(b): amended, on 26 September 2008, by section 17 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

18B Closing holding accounts (1) An account holder may submit a request to the Registrar to close 1 or more of that account holder’s holding accounts in the unit register by using the form and paying the fee (if any) prescribed in regulations made under this Act.
The chief executive may give a direction to the Registrar to close an account holder’s holding account— (a) if the chief executive has the written consent of the ac- count holder; or (2) (b) where written consent is not given,— (i) (ii) if the chief executive has given the account holder reasonable notice; and if— (A) the closure is required to comply with New Zealand’s obligations under the Protocol; or the account holder has failed to comply with this Part or any regulations made re- garding the matters specified in section 30G; or the chief executive is satisfied that the ac- count holder no longer requires the ac- count.
(B) (C) If there are any units remaining in a holding account when it is closed,— (a) (b) the units are forfeited to the Crown; and the Registrar must, as soon as practicable, transfer the units to a Crown holding account.

If a request is incomplete, the Registrar must, as soon as prac- ticable, ask the account holder to provide the information or fee (if any) that is required to make the request complete.
(3) (4) 58 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 18B (5) (6) (7) The Registrar may not close a holding account if the account holder provides an incomplete request.
For the purposes of subsection (2)(b)(i), reasonable notice means sufficient opportunity in the circumstances to— (a) transfer the units to another account before the holding account that is the subject of the closure direction is closed; or in the case of non-compliance, comply with this Part or any regulations made under section 30G; or if the chief executive is satisfied that an account holder no longer requires a holding account, make a written submission to the chief executive, before the account is closed, regarding the account holder’s need to retain the account.
(b) (c) The Registrar must give effect to any directions given by the chief executive under subsection (2) in accordance with, and subject to, the procedures set out in this subpart and any regu- lations made under section 30G.

Section 18B: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 18B(2): amended, on 26 September 2008, by section 18(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18B(2)(a): amended, on 26 September 2008, by section 18(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 18B(2)(b)(i): amended, on 26 September 2008, by section 18(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 18B(2)(b)(ii)(B): amended, on 26 September 2008, by section 18(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18B(2)(b)(ii)(B): amended, on 26 September 2008, by section 18(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 18B(2)(b)(ii)(C): amended, on 26 September 2008, by section 18(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 18B(6): substituted, on 26 September 2008, by section 18(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
59 Part 2 s 18C Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 18B(7): added, on 8 December 2009, by section 12 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
18C Transfer of units (1) An account holder may, by using the form and paying the fees (if any) prescribed in regulations made under this Act, apply to the Registrar to transfer units from that account holder’s holding account to another account in— (a) (b) The Registrar must transfer the specified units as requested, subject to any regulations made under this Act.

the unit register; or an overseas registry.


(2) (3) Despite subsection (2), if the Registrar is asked to transfer Ky- oto units held in an account holder’s holding account to a re- tirement account, the Registrar must— (a) seek a direction from the Minister of Finance as to whether the units may be transferred to a retirement account; and transfer the units to a retirement account if the Minister of Finance so directs.
(b) (4) An account holder who receives units is under no obligation to initiate any registration process.

Section 18C: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 18C(3): amended, on 26 September 2008, by section 19(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 18C(3): amended, on 26 September 2008, by section 19(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 18C(3)(a): amended, on 26 September 2008, by section 19(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 18C(3)(b): amended, on 26 September 2008, by section 19(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
60 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 18CB 18CA Effect of surrender, retirement, cancellation, and conversion (1) A unit that is transferred to a cancellation account may not be further transferred, retired, surrendered, carried-over, or can- celled.

(2) A Kyoto unit that is transferred to a retirement account may not be further transferred, retired, surrendered, carried-over, or cancelled.
(3) A Kyoto unit that is transferred to a surrender account may only be further transferred, in accordance with— (a) a direction from the Minister of Finance, to a retirement account or a cancellation account; or a direction of the chief executive of the department re- sponsible for the administration of Part 4 given under section 124, to a participant’s holding account.
(b) (4) A New Zealand unit or an approved overseas unit that is trans- ferred to a surrender account may only be further transferred in accordance with a direction of the chief executive of the department responsible for the administration of Part 4 given under section 124.

(5) A New Zealand unit that is transferred to a conversion account may not be surrendered, cancelled, or otherwise further trans- ferred except as required by section 30E(4)(b).
Section 18CA: inserted, on 26 September 2008, by section 20 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 18CA(3): substituted, on 8 December 2009, by section 13 of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 18CA(4): substituted, on 8 December 2009, by section 13 of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
18CB Restriction on surrender of assigned amount units (1) No participant may surrender, or permit to be surrendered, an imported assigned amount unit to meet the participant’s obli- gations under section 63 unless the assigned amount unit meets the conditions or requirements prescribed in regulations made under this Part.
61 Part 2 s 18CC Climate Change Response Act 2002 Reprinted as at 8 December 2009 (2) In this section and section 18CD, imported assigned amount unit means an assigned amount unit that is issued out of the initial assigned amount of a Party other than New Zealand.

Section 18CB: inserted, on 26 September 2008, by section 20 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
18CC Restriction on surrender of assigned amount units issued during first commitment period (1) No participant may surrender, or permit to be surrendered, a CP1 imported assigned amount unit to meet the participant’s obligations under section 63 in respect of any emissions from any activities listed in Schedule 3 or 4 carried out by the par- ticipant after 31 December 2012.
In this section and sections 18CD and 19, CP1 imported as- signed amount unit means an assigned amount unit that is issued out of the initial assigned amount of a Party, other than New Zealand, during the first commitment period.

Section 18CC: inserted, on 26 September 2008, by section 20 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(2) 18CD Effect of surrendering restricted assigned amount units (1) This section applies if at any time the Registrar discovers that— (a) (b) an imported assigned amount unit has been transferred to a surrender account that does not meet any of the con- ditions or requirements prescribed in regulations made under this Part; or a CP1 imported assigned amount unit has been trans- ferred to a surrender account to meet a participant’s obligations under section 63 in respect of any emissions from any activities listed in Schedule 3 or 4 carried out by the participant after 31 December 2012.
If this section applies, the Registrar must— (a) (b) reverse the transfer; and notify the participant and the chief executive of the de- partment responsible for the administration of Part 4 that the transfer has been reversed.
If a transfer is reversed under subsection (2),— (2) (3) 62 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 18E (a) (b) the chief executive of the department responsible for the administration of Part 4 must treat the transfer as never taking place for the purpose of assessing whether a participant has surrendered the required number of units by the due date as required under any section of this Act; and if the chief executive of the department responsible for the administration of Part 4 considers that the person has not surrendered the required number of units by the due date, give a notice to the participant under section 134(3)(a).
Section 18CD: inserted, on 26 September 2008, by section 20 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

18D Succession (1) This section applies if an account holder— is a natural person and dies; or (a) is not a natural person and is wound up, liquidated, dis- (b) solved, or otherwise ceases to exist.
(2) (3) If this section applies, the person listed on the holding account as the account holder’s representative may operate the holding account until— (a) (b) a successor is determined; and the Registrar is informed of that determination in writ- ing.

If a successor is determined, and the Registrar is informed of that determination in writing, the Registrar must register the successor as the account holder.
Section 18D: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).

18E Trusts, representatives, and assignees of bankrupts (1) Notice of a trust, whether express, implied, or constructive, may not be entered on the unit register except in accordance with subsection (1A).
If the trustees of a trust apply to open a holding account under section 18A, then— (a) the trustees may specify the name of the trust as the name of the holding account; and (1A) 63 Part 2 s 19 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) the Registrar may enter on the unit register the name of the trust as the name of the holding account.
(2) Despite anything in section 18D, the existence of a representa- tive that may operate the holding account of an account holder who has died, or that has been wound up, liquidated, or dis- solved, or otherwise has ceased to exist, does not constitute notice of a trust.

The assignee of the property of a bankrupt may be entered on the unit register as the assignee of the bankrupt’s units.
Section 18E: inserted, on 19 November 2007, by section 14 of the Climate Change Response Amendment Act 2006 (2006 No 59).

(3) Section 18E(1): substituted, on 8 December 2009, by section 14 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 18E(1A): inserted, on 8 December 2009, by section 14 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
19 (1) Retirement of Kyoto units by the Crown The Crown may offset each tonne of carbon dioxide equivalent of human-induced greenhouse gas emissions, emitted from sources listed in Annex A of the Protocol, by transferring a Kyoto unit to the retirement account.
(2) Despite subsection (1), the Crown may not retire a CP1 imported assigned amount unit to offset any carbon dioxide equivalent of human-induced greenhouse gas emissions that are emitted after 31 December 2012 from sources listed in Annex A of the Protocol.

(3) New Zealand units and approved overseas units may not be retired.

Section 19: substituted, on 26 September 2008, by section 21 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Transactions must be registered 20 (1) A transaction to issue, transfer, cancel, retire, surrender, con- vert, or replace units must be registered on the unit register.
(2) However, the Registrar may not register a transaction on the unit register if— 64 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 21 (a) (b) (c) the Registrar receives a notification from the inter- national transaction log that there is a discrepancy with the transaction; or the transaction is not submitted in the prescribed form; or the prescribed fees (if any) have not been paid to the Registrar (unless arrangements for payment have been made in accordance with regulations made under this Act).
Section 20(1): amended, on 26 September 2008, by section 22(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 20(1): amended, on 19 November 2007, by section 15(1) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 20(2): substituted, on 19 November 2007, by section 15(2) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).
Section 20(2)(a): amended, on 26 September 2008, by section 22(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Registration procedure for Kyoto units 21 (1) On receipt of a direction in relation to Kyoto units given by a Minister or chief executive authorised to give the direction under a provision of this Act, or an application for the regis- tration of a transaction in relation to Kyoto units by an account holder that is completed to the satisfaction of the Registrar and in accordance with any regulations made under this Act, the Registrar must— (a) (b) create a unique transaction number; and if the proposed transaction concerns the international transaction log, send a record of the proposed transac- tion to the international transaction log if required to do so by the international transaction log; and if the proposed transaction does not concern the inter- national transaction log,— (i) (c) record in the unit register the particulars of the transaction set out in the direction or the applica- tion; and send electronic notification that the transaction has been recorded in the unit register to,— (ii) 65 Part 2 s 21 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (A) (B) in the case of a direction, the Minister or chief executive who gave the direction and, if the direction specifies that Kyoto units are to be transferred to a holding ac- count of an account holder other than the Crown, the account holder: in the case of an application, the account holder who submitted the application and the account holder specified in the applica- tion as the account holder to whose hold- ing account Kyoto units are to be trans- ferred.
(b) (c) If the Registrar sends a record of the proposed transaction to the international transaction log under subsection (1)(b) and receives notification back from the international transaction log that there are no discrepancies in the transaction, the Regis- trar must, as soon as practicable,— (a) record in the unit register the particulars of the transac- tion set out in the direction or the application; and send notification that the transaction has been recorded in the unit register to the international transaction log; and send electronic notification that the transaction has been recorded in the unit register to,— (i) (ii) in the case of a direction, the Minister or chief executive who gave the direction; or in the case of an application, the account holder.
If the Registrar receives a notification from the international transaction log that there is a discrepancy in a transaction in relation to Kyoto units, the Registrar— (a) may not register the transaction; and (b) must terminate the transaction; and (c) must give notification of the termination, as soon as (d) practicable, to the international transaction log; and send electronic notification that the transaction has been terminated to,— (i) in the case of a direction, the Minister or chief executive who gave the direction; or in the case of an application, the account holder.
(ii) (2) (3) 66 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 21 (4) This section does not apply to the carry-over of assigned amount units, certified emission reduction units, and emission reduction units.

Section 21 heading: amended, on 26 September 2008, by section 23(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(1): substituted, on 19 November 2007, by section 16(1) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).

Section 21(1): amended, on 8 December 2009, by section 15(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 21(1): amended, on 26 September 2008, by section 23(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(1): amended, on 26 September 2008, by section 23(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 21(1)(a): amended, on 8 December 2009, by section 15(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 21(1)(b): substituted, on 26 September 2008, by section 23(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(1)(c): added, on 26 September 2008, by section 23(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 21(1)(c)(ii)(A): amended, on 8 December 2009, by section 15(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 21(2): substituted, on 26 September 2008, by section 23(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(2)(c)(i): amended, on 8 December 2009, by section 15(4) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 21(3): amended, on 26 September 2008, by section 23(6) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 21(3): amended, on 26 September 2008, by section 23(7) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 21(3)(c): substituted, on 26 September 2008, by section 23(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 21(3)(d): added, on 26 September 2008, by section 23(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 21(3)(d)(i): amended, on 8 December 2009, by section 15(5) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
67 Part 2 s 21AA Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 21(4): amended, on 26 September 2008, by section 23(9) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
21AA Registration procedure for New Zealand units and approved overseas units (1) On receipt of a direction in relation to New Zealand units or approved overseas units given by a Minister or chief executive authorised to give the direction under a provision of this Act, or an application for the registration of a transaction in relation to New Zealand units or approved overseas units by an account holder, which is completed to the satisfaction of the Registrar and in accordance with any regulations made under this Act, the Registrar must— (a) (b) create a unique transaction number; and if the proposed transaction concerns an overseas regis- try, send a record of the proposed transaction to the overseas registry if required to do so by the overseas registry; and if the proposed transaction does not concern an overseas registry,— (i) (c) record in the unit register the particulars of the transaction set out in the direction or the applica- tion; and send electronic notification that the transaction has been recorded in the unit register to,— (A) (ii) in the case of a direction, the Minister or chief executive who gave the direction and, if the direction specifies that New Zealand units or approved overseas units are to be transferred to the holding account of an account holder other than the Crown, the account holder: in the case of an application, the account holder who submitted the application and the account holder specified in the ap- plication as the account holder to whose holding account New Zealand units or ap- proved overseas units are to be transferred.
(B) 68 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 21AA (2) (3) (ii) (b) (c) If the Registrar sends a record of the proposed transaction to an overseas registry under subsection (1)(b) and receives no- tification back from the overseas registry that there are no dis- crepancies in the transaction, the Registrar must, as soon as practicable,— (a) record in the unit register the particulars of the transac- tion set out in the direction or the application; and send notification to the overseas registry that the trans- action has been recorded in the unit register; and send electronic notification that the transaction has been recorded in the unit register to,— (i) in the case of a direction, the Minister or chief executive who gave the direction; or in the case of an application, the account holder.
If the Registrar receives a notification from the overseas regis- try that there is a discrepancy in a proposed transaction in re- lation to New Zealand units or approved overseas units, the Registrar— (a) may not register the transaction; and (b) must terminate the transaction; and (c) must notify the overseas registry of the termination; and send electronic notification that the transaction has been (d) terminated to,— (i) in the case of a direction, the Minister or chief executive who gave the direction; or in the case of an application, the account holder.
Section 21AA: inserted, on 26 September 2008, by section 24 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(ii) Section 21AA(1): amended, on 8 December 2009, by section 16(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 21AA(1)(c)(ii)(A): amended, on 8 December 2009, by section 16(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 21AA(2)(c)(i): amended, on 8 December 2009, by section 16(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 21AA(3)(d)(i): amended, on 8 December 2009, by section 16(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
69 Part 2 s 21A Climate Change Response Act 2002 Reprinted as at 8 December 2009 21A Electronic registration A direction to the Registrar by a Minister or chief executive under a provision of this Act or an application by an account holder to register a transaction must be— (a) made electronically in the prescribed form via the Registry’s Internet site, and contain the particulars specified in the form; and accompanied by the fee (if any) prescribed in regula- tions made under this Act; and (b) (c) made in accordance with regulations made under this Act.
Section 21A: inserted, on 19 November 2007, by section 17 of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 21A: amended, on 8 December 2009, by section 17 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

21B Defective applications (1) If an application is defective, the Registrar may— (a) (b) [Repealed] direct, in writing by electronic notification, the appli- cant to correct the defect within a specified period of time.
(2) If a direction to correct a defect is not complied with within the specified period of time, the Registrar may refuse to— (a) (b) proceed with the registration; or register the transaction.

(3) Any fees paid to the Registrar in relation to an uncorrected defective application are forfeited.

Section 21B: inserted, on 19 November 2007, by section 17 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 21B(1)(a): repealed, on 26 September 2008, by section 25 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

22 Transactions take effect when registered (1) A transaction takes effect when it is registered.
(2) A transaction is registered when the Registrar— 70 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 23 (a) (b) assigns a registration number, date, and time, and other information that may be required by this Act, to the transaction; and enters those particulars in the unit register.
23 (1) (2) Receiving Kyoto units from overseas registries If the Registrar receives notification from an overseas registry of a proposal to transfer Kyoto units to an account in the Regis- try, the Registrar must register the transaction, in accordance with the notification, when the Registrar receives the follow- ing: (a) notification from the international transaction log that the proposed transaction does not contain any discrep- ancies; and [Repealed] (b) If the Registrar receives notification from an overseas regis- try of a proposal to transfer Kyoto units to an account in the Registry and receives notification from the international trans- action log that there is a discrepancy, the Registrar— (a) may not register the transaction; and (b) must terminate the transaction; and (c) must notify the international transaction log of the ter- mination.
(3) A transfer of Kyoto units from an overseas registry is subject to any regulations made under this Act.

Section 23 heading: amended, on 26 September 2008, by section 26(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 23(1): amended, on 26 September 2008, by section 26(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 23(1)(a): amended, on 26 September 2008, by section 26(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 23(1)(b): repealed, on 19 November 2007, by section 18(1) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).

Section 23(2): amended, on 26 September 2008, by section 26(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 23(2): amended, on 26 September 2008, by section 26(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

71 Part 2 s 23A Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 23(2)(c): amended, on 26 September 2008, by section 26(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 23(2)(c): amended, on 19 November 2007, by section 18(2) of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).
Section 23(3): added, on 19 November 2007, by section 18(3) of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 23(3): amended, on 26 September 2008, by section 26(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
23A Receiving New Zealand units and approved overseas (1) (2) units from overseas registries If the Registrar receives notification from an overseas registry of a proposal to transfer New Zealand units or approved over- seas units to an account in the Registry and the Registrar is satisfied that there is no discrepancy with the transaction, the Registrar must register the transaction in accordance with the notification.
If the Registrar receives notification from an overseas regis- try of a proposal to transfer New Zealand units or approved overseas units to an account in the Registry and the Registrar is satisfied that there is a discrepancy with the transaction, the Registrar— (a) may not register the transaction; and (b) must terminate the transaction; and (c) must notify the overseas registry of the termination.
(3) A transfer of New Zealand units or approved overseas units from an overseas registry is subject to any regulations made under this Act.

Section 23A: inserted, on 26 September 2008, by section 27 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Priority of registration 24 (1) A direction given to the Registrar by a Minister or chief ex- ecutive under a provision of this Act or an application for the registration of a transaction by an account holder must, as soon as practicable, be processed in the chronological order in which it is received by the Registrar.
72 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 25 (3) (2) A direction or an application is received by the Registrar when it is recorded as being downloaded into the computer main- tained to operate the unit register.

Subsection (1) applies to an application for the registration of a transaction only if the application is completed to the satis- faction of the Registrar and in accordance with any regulations made under this Act.
Section 24(1): substituted, on 26 September 2008, by section 28(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 24(1): amended, on 8 December 2009, by section 18 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 24(2): amended, on 19 November 2007, by section 19(2) of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 24(3): added, on 26 September 2008, by section 28(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
25 (1) Correction of unit register If the unit register records a transaction inaccurately, and the inaccuracy is the result of an error or omission made by the Registrar when registering the transaction, then a request to correct the inaccuracy may be submitted by— (a) the Minister or chief executive who gave the direction, if the Registrar registered the transaction following re- ceipt of a direction from a Minister or chief executive authorised to give the direction under a provision of this Act; or the account holder who applied to register the transac- tion.
(b) (2) The request— (a) may be made at any time; and (b) must specify— (i) (ii) the inaccuracy; and the correction required; and (c) must be in the form, and accompanied by the fees (if any), prescribed in regulations made under this Act.
(3) If the Registrar is satisfied that the unit register is inaccurate in any respect, the Registrar may— (a) correct the unit register accordingly; and 73 Part 2 s 26 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) (c) record on the unit register— the nature of the correction; and (i) (ii) the time that the correction was made; and give notification of the correction, as soon as practic- able, to— (i) any person whom the Registrar considers to be affected by the correction; and the international transaction log (if required to do so); and an overseas registry (if required to do so).
(ii) (iii) Section 25: substituted, on 19 November 2007, by section 20 of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 25(1): substituted, on 26 September 2008, by section 29(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 25(1)(a): substituted, on 8 December 2009, by section 19 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 25(3): amended, on 26 September 2008, by section 29(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 25(3)(c)(ii): substituted, on 26 September 2008, by section 29(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 25(3)(c)(iii): substituted, on 26 September 2008, by section 29(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Unit register must be open for search Except as provided in section 13, the unit register must be open at all times for searches by a person via the Registry’s Internet site.

The Registrar is not required to make publicly available any information that is not listed in section 27.

Section 26(1): amended, on 19 November 2007, by section 21 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 26(2): added, on 26 September 2008, by section 30 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Information accessible by search The following information must be accessible by a search of the unit register: (a) the following up-to-date information for each account: 26 (1) (2) 27 (1) 74 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 27 (i) (ii) (iii) (iv) the name of the account holder; and the type of account; and the account number; and the full name, mailing address, telephone num- ber, fax number, and email address of any pri- mary representatives of the account holder; and (b) (c) a list of account holders; and the relevant commitment period of any— (i) (ii) general cancellation account or retirement ac- count; and long-term certified emission reduction replace- ment account or temporary certified emission re- duction replacement account; and (2) (d) any other information prescribed in regulations made under this Part.
The following information must be made accessible by a search of the unit register, and be available by 31 January in each year, in a form that shows the relevant totals at the end of the previous year: (a) (b) the total holdings of Kyoto units in the Registry; and the total holdings of assigned amount units, emission re- duction units, certified emission reduction units, long- term certified emission reduction units, temporary cer- tified emission reduction units, and removal units in the Registry; and the total quantity of New Zealand units issued during that year; and the total quantity of New Zealand units transferred for each removal activity during that year; and the total holdings of New Zealand units in the Registry; and the total holdings of approved overseas units in the Registry; and the total holdings of each type of approved overseas units in the Registry; and the total quantity of assigned amount units issued on the basis of New Zealand’s initial assigned amount during that year; and (c) (d) (e) (f) (g) (h) 75 Part 2 s 27 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) (j) (k) the total quantity of emission reduction units issued on the basis of a joint implementation project during that year; and the following information in relation to units transferred to the Registry from overseas registries during that year: the total quantity of units transferred; and (i) the total quantity of each type of unit transferred; (ii) and the identity of the transferring overseas registries, including the total quantity of— (A) (iii) units transferred from each overseas regis- try; and each type of unit transferred from each overseas registry; and (B) the following information in relation to units transferred from the Registry to overseas registries during that year: the total quantity of units transferred; and (i) the total quantity of each type of unit transferred; (ii) and the identity of the acquiring overseas registries, including the total quantity of— (A) (iii) units transferred to each
 overseas registry; and each type of unit transferred to each over- seas registry; and (B) (l) (m) (n) (o) (p) (q) the total quantity of units transferred between holding accounts in the Registry during that year; and the total quantity of each type of unit transferred be- tween holding accounts in the Registry during that year; and the total quantity of removal units issued in relation to sink activities during that year; and the total quantity of Kyoto units transferred to the sink cancellation account during that year; and the total quantity of Kyoto units transferred to the non- compliance cancellation account during that year; and the total quantity of units transferred to the general can- cellation account during that year; and 76 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 27 (r) (s) (t) (u) the total quantity of Kyoto units retired during that year; and the total quantity of units surrendered during that year; and the total quantity of each type of unit surrendered during that year; and the following information in relation to New Zealand units transferred to the conversion account during that year: (i) the total quantity of New Zealand units con- verted; and the total quantity of New Zealand units con- verted for the purpose of transferring designated assigned amount units to— (A) (B) an account in an overseas registry; or the general cancellation account; and (ii) (v) (w) the total quantity of assigned amount units, certified emission reduction units, and emission reduction units carried-over from a previous commitment period dur- ing that year; and the expiry date of each long-term certified emission re- duction unit and each temporary certified emission re- duction unit held in the Registry.
(3) The following information must be accessible by a search of the unit register in a form that shows the relevant totals at the beginning of the previous year: (a) the total holdings of Kyoto units in each holding ac- count in the Registry (including any holding account held by the Crown); and the total holdings of assigned amount units, emission re- duction units, certified emission reduction units, long- term certified emission reduction units, temporary certi- fied emission reduction units, and removal units in each holding account in the Registry (including any holding account held by the Crown).
(b) Section 27: substituted, on 26 September 2008, by section 31 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

77 Part 2 s 28 Climate Change Response Act 2002 Reprinted as at 8 December 2009 28 29 Search of unit register A person may, by using the form and paying the fees (if any) prescribed by regulations made under this Act, search the unit register, and obtain a printed search result, in accordance with this Act and any regulations made under this Act.
Section 28: substituted, on 14 November 2006, by section 23 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Printed search result receivable as evidence A printed search result, or a copy of a printed search result, that purports to be issued by the Registrar is receivable as evidence and is, in the absence of evidence to the contrary, proof of any matter recorded in the unit register, including (but not limited to)— (a) (b) (c) Section 29: substituted, on 14 November 2006, by section 23 of the Climate Change Response Amendment Act 2006 (2006 No 59).
the ownership of units; and the date and time of the registration of a transaction; and information that the Registry holds.

Recovery of fees 30 (1) A fee that is not paid in accordance with regulations made under this Part may be recovered from the person liable to pay the fees by the chief executive in any court of competent jurisdiction.
The chief executive may enter into any agreement or arrange- ment, on any terms that the chief executive thinks fit, with any person to collect, or assist in the collection of, any fees that are payable.

Section 30(1): amended, on 26 September 2008, by section 32(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(2) Section 30(1): amended, on 26 September 2008, by section 32(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 30(2): amended, on 26 September 2008, by section 32(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
30A The Crown or Registrar not liable in relation to searches in certain cases No action may be brought against the Crown or the Registrar for any loss or damage resulting from— 78 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 30B (a) (b) an inaccuracy in a search of the unit register; or an inaccurate entry or omission in the unit register if the inaccuracy or omission arises from reasonable reliance on information received by the Registrar from— the international transaction log; or (i) an overseas registry; or (ia) a third party; or (ib) an account holder.
(ii) Section 30A: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).

Section 30A heading: amended, on 26 September 2008, by section 33(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 30A(b)(i): amended, on 26 September 2008, by section 33(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 30A(b)(ia): inserted, on 26 September 2008, by section 33(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 30A(b)(ib): inserted, on 26 September 2008, by section 33(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Expiry of long-term certified emission reduction units and temporary certified emission reduction units Heading: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).

30B Expiry of long-term certified emission reduction units (1) A long-term certified emission reduction unit expires at the end of the last crediting period for the clean development mechanism project to which it relates.
(2) A person who holds a long-term certified emission reduction unit in a retirement account or a long-term certified emission reduction replacement account must replace that unit before it expires by transferring one of the following units to the long- term certified emission reduction replacement account: (a) (b) (c) an assigned amount unit; or a certified emission reduction unit; or an emission reduction unit; or 79 Part 2 s 30C Climate Change Response Act 2002 Reprinted as at 8 December 2009 (3) (4) (5) a removal unit.
(d) Thirty days before a long-term certified emission reduction unit in a retirement account or a long-term certified emission reduction replacement account expires, the Registrar must no- tify in writing the person who holds that unit that it is due to expire and must be replaced.
If a long-term certified emission reduction unit is not held in a retirement account or a long-term certified emission reduction replacement account, the Registrar must transfer that unit to the general cancellation account when that unit expires.

If subsection (4) applies, then section 18C(3) does not apply.

Section 30B: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).
30C Replacement of certain long-term certified emission reduction units (1) A person who holds a long-term certified emission reduction unit must replace that unit in accordance with this section if the designated operating entity of the relevant clean development mechanism project— (a) provides a certification report that indicates a reversal of net anthropogenic greenhouse gas removals by sinks since the previous certification; or does not provide a certification report.
(b) If subsection (1) applies,— (a) each identified long-term certified emission reduction unit, as notified by the executive board, must be re- placed by one of the following units: assigned amount units; or (i) certified emission reduction units; or (ii) emission reduction units; or (iii) removal units; or (iv) long-term certified emission reduction units from (v) the same clean development mechanism project; and (b) the Registrar must notify in writing the person who holds the affected long-term certified emission reduc- tion unit.
(2) 80 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 30D (4) (3) A person notified under subsection (2)(b) must replace the affected long-term certified emission reduction unit within 30 days of receiving the notice.

Sections 354 to 361 of the Property Law Act 2007 apply, with all necessary modifications, to any notice required under sub- section (2)(b).

Section 30C: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Section 30C(4): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).

30D Expiry of temporary certified emission reduction units (1) A temporary certified emission reduction unit expires at the end of the subsequent commitment period that immediately follows the relevant commitment period.
(2) A person who holds a temporary certified emission reduction unit in a retirement account or a temporary certified emission reduction replacement account must replace that unit before it expires by transferring one of the following units to the tem- porary certified emission reduction replacement account: (a) (b) (c) (d) (e) an assigned amount unit; or a certified emission reduction unit; or an emission reduction unit; or a removal unit; or a temporary certified emission reduction unit that is due to expire in a subsequent commitment period.
(3) (4) (5) Thirty days before a temporary certified emission reduction unit in a retirement account or a temporary certified emission reduction replacement account expires, the Registrar must no- tify in writing the person who holds that unit that it is due to expire and must be replaced.
If a temporary certified emission reduction unit is not held in a retirement account or a temporary certified emission reduction replacement account, the Registrar must transfer that unit to the general cancellation account when that unit expires.

If subsection (4) applies, then section 18C(3) does not apply.

Section 30D: inserted, on 14 November 2006, by section 24 of the Climate Change Response Amendment Act 2006 (2006 No 59).
81 Part 2 s 30E Climate Change Response Act 2002 Reprinted as at 8 December 2009 Miscellaneous provisions Heading: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
30E Conversion of New Zealand units into designated assigned amount units for sale overseas or cancellation (1) An account holder may apply to the Registrar to convert a New Zealand unit held by that person into a designated assigned amount unit held for the purposes of transferring that assigned amount unit to— (a) (b) an account in an overseas registry; or the general cancellation account.
(2) An account holder who applies to convert any New Zealand units into designated assigned amount units for either purpose specified in subsection (1) must— (a) submit the prescribed form to the Registrar specifying the New Zealand units that the account holder wishes to convert; and submit an application under section 18C for the transfer of an equivalent number of designated assigned amount units (into which the account holder is converting the New Zealand units) to— (i) (ii) pay the prescribed fee (if any).
an account in an overseas registry; or the general cancellation account; and (3) Upon receipt of an application under subsection (2) the Regis- trar must, as soon as practicable,— (a) transfer the New Zealand units specified in the applica- tion from the account holder’s account to the conversion account; and transfer to the account holder’s account an equivalent number of designated assigned amount units; and subject to section 21(3), register the transaction applied for under subsection (2)(b).
If the Registrar receives notification from the international transaction log under section 21(3) that there are discrepancies in the transaction relating to the application submitted under subsection (2)(b), the Registrar must— (a) comply with section 21(3); and (4) 82 (b) (c) (b) (c) Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 30G (5) reverse the transfers in subsection (3)(a) and (b).
(b) For the purposes of this section, designated assigned amount unit means an assigned amount unit that— (a) was issued by the Registrar on the basis of New Zealand’s initial assigned amount; and (b) is held by the Crown in a Crown holding account.

Section 30E: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
30F Restrictions on certain New Zealand units allocated to (1) (2) (3) landowners of pre-1990 forest land This section applies to any New Zealand units transferred or to be transferred after 31 December 2012 in accordance with the pre-1990 forest land allocation plan issued under section 70.
[Repealed] If the activity listed in Part 1 of Schedule 3 is repealed, the Minister of Finance may issue a direction to the Registrar under section 7 to transfer from any holding account to a can- cellation account any New Zealand units to which this section applies.

Section 30F: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 30F(1): substituted, on 8 December 2009, by section 20 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 30F(2): repealed, on 8 December 2009, by section 20 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
30G Regulations relating to Part 2 (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for any or all of the following purposes: (a) prescribing procedures and requirements relating to any powers of the Minister of Finance under subpart 1 of this Part: prescribing matters, including (but not limited to) limi- tations, restrictions, conditions, exemptions, require- ments, or prohibitions, in respect of— (b) 83 Part 2 s 30G Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) the transfer of units, including (but not limited to)— (A) the transfer of units from an account holder’s holding account to an account in an overseas registry: the transfer of units within the unit regis- ter: the transfer of units from an overseas registry: prohibitions on the transfer of units for the purposes of holding those units in an account in the Registry: (B) (C) (D) (c) (d) (e) (ii) the opening or closing of holding accounts: prescribing matters in respect of the holding, surrender, conversion, and cancellation of units, including (but not limited to) limitations, restrictions, conditions, exemp- tions, requirements, procedures, or thresholds: prescribing matters in respect of the carry-over of as- signed amount units, certified emission reduction units, and emission reduction units, including (but not limited to) limitations, restrictions, conditions, exemptions, re- quirements, procedures, or thresholds: prescribing procedures, requirements, and other matters in respect of the unit register and its operation, includ- ing, but not limited to, matters relating to— (i) (ii) (iii) (iv) access to the unit register: the location of the unit register: the hours of access to the unit register: the format of unique numbers to be used in the unit register: the allocation of unique serial numbers to New Zealand units and approved overseas units: the exchange of data between— (A) (B) the Registry and overseas registries: the Registry and the international transac-
 tion log: (v) (vi) the registration of transactions: (vii) (viii) the form and content of the unit register: 84 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 30G (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) prescribing matters in respect of which fees are payable under this Part, the amounts of those fees, and the pro- cedures for payment: prescribing procedures, requirements, and other matters in respect of the form, use, and manner of obtaining electronic verification statements to confirm a registra- tion: prescribing procedures, requirements, and other matters in respect of searching the unit register, including, but not limited to,— (i) (ii) (iii) (iv) the criteria by which a search may be conducted: the method of disclosure: the form of search results: the abbreviations, expansions, or symbols that may be used in search results: prescribing forms and notices for the purposes of this Part: prescribing, for the purpose of the definition of overseas registry, overseas registries from which and to which units may be transferred to and from accounts in the Registry: prescribing the units issued by an overseas registry that may be transferred to accounts in the Registry: prescribing procedures for transactions involving ap- proved overseas units: prescribing matters in respect of the taking of posses- sion of an emissions unit for the purposes of section 18(1A)(b) of the Personal Property Securities Act 1999: in respect of this Part, giving effect to the terms of the Convention and the Protocol, including any decisions, rules, guidelines, principles, measures, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved in accordance with the Convention or the Protocol: providing for the matters that are contemplated by, or necessary for, giving full effect to this Part and for its due administration.
85 Part 2 s 30H Climate Change Response Act 2002 Reprinted as at 8 December 2009 (2) Regulations made under subsection (1) may be made in respect of different units, transactions, persons, classes of units, sub- classes of units, classes of transactions, or classes of persons.

(3) Any regulation made under subsection (1)(b)(i) or (c) does not apply to the transfer of units that are held in an account in the Registry at the time that the regulation comes into force.
(4) Any regulations made under subsection (1) must be consistent with the Convention and the Protocol.

Section 30G: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(2) 30H Procedure for certain regulations relating to units (1) Before making a recommendation under section 30G(1) relat- ing to regulations under section 30G(1)(b)(i), (c), (d), (j) or (k), the Minister must consult, or be satisfied that the chief execu- tive has consulted, the persons (or representatives of those per- sons) that appear to the Minister or the chief executive likely to be substantially affected by any regulations made in accord- ance with the recommendation.
The process for consultation must, to the extent practicable in the circumstances, include— (a) (b) giving adequate and appropriate notice of the proposed terms of the recommendation, and of the reasons for it; and the provision of a reasonable opportunity for interested persons to consider the recommendation and make sub- missions; and adequate and appropriate consideration of submissions.
(3) Unless subsection (4) applies or a later date is specified in the regulations, regulations referred to in this section come into force 3 months after the date of their notification in the Gazette.

Subsections (1) and (3) do not apply in respect of any regula- tions if the Minister considers it is in the national interest that they be made urgently.

(4) (c) (5) A failure to comply with this section does not affect the val- idity of regulations made under section 30G(1)(b)(i), (c), (d), (j), or (k).
Section 30H: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
86 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 2 s 30J 30I (1) Incorporation by reference in regulations made under section 30G The following written material may be incorporated by refer- ence in regulations made under section 30G: (a) (b) rules, guidelines, principles, measures, decisions, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved by any international or national organisation in accord- ance with the Convention or the Protocol; and any standards, requirements, or recommended prac- tices— (i) of any international or national organisation that are adopted, agreed on, made, or approved in accordance with the Convention or the Protocol: prescribed in any country or jurisdiction that are adopted, agreed on, made, or approved in accord- ance with the Protocol.
(ii) (2) Material may be incorporated by reference in regulations— in whole or in part; and (a) (b) with modifications, additions, or variations specified in the regulations.

(3) Material incorporated by reference in regulations has legal ef- (4) fect as part of the regulations.
Sections 170 to 177 apply to material incorporated by refer- ence into regulations under section 30G as though all refer- ences to sections 163 to 165, 167, and 168 were references to section 30G and all references to the chief executive were ref- erences to the Registrar.

Section 30I: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
30J Signing false declaration with respect to regulations made under section 30G Every person who signs a declaration that is required under regulations made under section 30G, knowing the declaration to be false,— (a) (b) commits an offence; and is liable on conviction to a fine not exceeding $5,000.
87 Part 2 s 30K Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 30J: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

30K Providing false or misleading information to Registrar (1) in the case of an individual, $50,000: in the case of a body corporate, $200,000.
Every person who knowingly provides false or misleading in- formation to the Registrar commits an offence and is liable on conviction to a fine not exceeding,— (a) (b) Every person who recklessly provides false or misleading in- formation to the Registrar commits an offence, and is liable on conviction to a fine not exceeding $2,000.

Section 30K: inserted, on 26 September 2008, by section 34 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(2) Part 3 Inventory agency Part 3 heading: inserted, on 26 September 2008, by section 35 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
31 Meaning of greenhouse gas For the purposes of this subpart, despite anything in section 4, greenhouse gas means a gas in the earth’s atmosphere that strongly absorbs and re-emits infrared radiation, and includes indirect greenhouse gases, but does not include a gas that is covered by the Montreal Protocol on Substances that Deplete the Ozone Layer.
(b) Primary functions of inventory agency The primary functions of the inventory agency are to— (a) estimate annually New Zealand’s human-induced emis- sions by sources and removals by sinks of greenhouse gases; and prepare the following reports for the purpose of dis- charging New Zealand’s obligations: (i) New Zealand’s annual inventory report under Article 7.1 of the Protocol, including (but not limited to) the quantities of long-term certified emission reduction units and temporary certified 32 (1) 88 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 3 s 33 emission reduction units that have expired or have been replaced, retired, or cancelled; and (ii) New Zealand’s national communication (or peri- odic report) under Article 7.2 of the Protocol and Article 12 of the Convention; and (2) (iii) New Zealand’s report for the calculation of its initial assigned amount under Article 7.4 of the Protocol, including its method of calculation.
In carrying out its functions, the inventory agency must— (a) (b) identify source categories; and collect data by means of— (i) (ii) voluntary collection; and collection from government agencies and other agencies that hold relevant information; and collection in accordance with regulations made under this Part (if any); and (iii) (c) (d) (e) (f) estimate the emissions and removals by sinks for each source category; and undertake assessments on uncertainties; and undertake procedures to verify the data; and retain information and documents to show how the es- timates were determined.
Section 32(1)(b)(i): amended, on 14 November 2006, by section 25 of the Cli- mate Change Response Amendment Act 2006 (2006 No 59).

Section 32(2)(b)(iii): amended, on 26 September 2008, by section 36 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

33 (1) Inventory agency under direction of Minister The inventory agency must comply with any direction from the Minister in relation to the performance of its functions under this Part.
(2) As soon as practicable after giving the direction, the Minister must make a copy of the direction accessible via the inventory agency’s Internet site.

Section 33 heading: amended, on 26 September 2008, by section 37(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 33(1): amended, on 26 September 2008, by section 37(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
89 Part 3 s 34 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 33(1): amended, on 26 September 2008, by section 37(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 33(2): amended, on 26 September 2008, by section 37(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 33(2): amended, on 14 November 2006, by section 26 of the Climate Change Response Amendment Act 2006 (2006 No 59).
Record keeping The inventory agency must keep a record of changes that occur from year to year in— (a) (b) the collection of data; and the use of methodologies and emission factors.

Publication The inventory agency must publish New Zealand’s annual in- ventory report and its national communication (or periodic re- port) in electronic form by placing the report on a publicly accessible portion of the inventory agency’s Internet site.
Section 35: substituted, on 1 August 2003, by section 27 of the Climate Change Response Amendment Act 2006 (2006 No 59).

Inspectors Heading: substituted, on 26 September 2008, by section 38 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Authorisation of inspectors The Minister may authorise the following persons, provided that they are suitably qualified and trained, to exercise any or all of the powers of, and carry out any or all of the duties of an inspector under this Part: (a) (b) employees of the inventory agency; or employees of the Ministry of Agriculture and Forestry and employees of any other department of the public service prescribed by regulation; or employees of New Zealand Forest Research Institute Limited, Landcare Research New Zealand Limited, New Zealand Pastoral Agriculture Research Institute Limited, and employees of any other Crown Research Institute (within the meaning of the Crown Research Institutes Act 1992) prescribed by regulation.
(c) 34 35 36 (1) 90 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 3 s 37 (2) An authorisation is subject to the terms and conditions that are agreed to by the Minister and the chief executive of the agency that employs the person authorised to be an inspector.

The Minister must supply an inspector with a warrant of au- thorisation that clearly states the powers and duties of that in- spector.
(3) (4) An inspector who exercises, or purports to exercise, a power conferred on that inspector under this Part must carry and be able to produce, if required to do so,— (a) (b) his or her warrant of authorisation; and evidence of his or her identity.

(5) An inspector who holds a warrant of authorisation issued under this section must, on the termination of that inspector’s authorisation, surrender his or her warrant of authorisation to the Minister.
Section 36(1): amended, on 26 September 2008, by section 39(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 36(1): amended, on 26 September 2008, by section 39(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 36(2): amended, on 26 September 2008, by section 39(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 36(3): amended, on 26 September 2008, by section 39(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 36(4): amended, on 26 September 2008, by section 39(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 36(5): amended, on 26 September 2008, by section 39(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
37 (1) Power to enter land or premises to collect information to estimate emissions or removals of greenhouse gases For the purposes of collecting information to assist with the estimation of New Zealand’s human-induced emissions by sources and removals by sinks of greenhouse gases, an inspector may, if authorised in writing by the Minister, enter or re-enter land, or premises where any livestock are likely to be held, excluding any dwellinghouse, at any reasonable time during the ordinary hours of business, to— (a) carry out surveys, investigations, tests, or measure- ments (including those that involve leaving measuring equipment on the land or premises): 91 Part 3 s 38 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (2) (3) (4) (5) take samples of water, air, soil, or organic matter.
(b) To avoid doubt, the authorisation given by the Minister may be for a series of surveys, investigations, tests, measurements, or samples.

Reasonable notice, in writing, must be given to the occupier (if any) of the land or premises to be entered that specifies— (a) (b) (c) Reasonable effort must be made to give notice under subsec- tion (3) to the owner or owners of the land or premises.
If the owner or owners are not given notice, reasonable effort must be made to identify any wāhi tapu areas and archaeo- logical sites on the land by other means.

when, and by what means, entry is to be made; and the purpose for which entry is required; and that the entry is authorised under this section.

(6) An inspector who exercises the power of entry under this sec- tion may use any assistance that is reasonably necessary to ex- ercise the power.
(7) A person who provides assistance under subsection (6) may exercise the powers provided to inspectors under subsection (1).

Section 37(1): amended, on 26 September 2008, by section 40 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 37(2): amended, on 26 September 2008, by section 40 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
38 Limitation on power of entry under section 37 The Minister may only authorise an inspector to exercise the power of entry under section 37 if satisfied that the information sought— (a) (b) requires specific technical expertise to collect; and cannot reasonably be obtained from the occupier or owner of the land or premises.

Section 38: amended, on 26 September 2008, by section 41 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Power of entry for inspection 39 (1) An inspector authorised in writing by the inventory agency may enter land or premises (excluding any dwellinghouse) at any reasonable time during the ordinary hours of business, for 92 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 3 s 40 the purpose of inspection, to determine whether or not a person is complying with regulations made under section 50(2)(a), (c), (e), or (f).
(2) During an inspection, an inspector may— (a) (d) (b) (c) require the production of, inspect, and copy any docu- ments or business records (including electronic docu- ments or records): take samples of water, air, soil, or organic matter: carry out surveys, investigations, tests, or measure- ments (including those that involve leaving measuring equipment on the land or premises): demand from the occupier any other information that the inspector may reasonably require for the purpose of determining whether or not regulations made under section 50(2)(a), (c), (e), or (f) have been complied with.
(3) An inspector who exercises the power of inspection under this section must give the occupier or owner reasonable notice of the inspector’s intention to enter the land or premises unless doing so would defeat the purpose of the entry.

(4) A notice given under subsection (3) must specify— when entry is to be made; and the purpose for which the entry is required; and that the entry is authorised under this section.
(a) (b) (c) (5) An inspector who exercises the power of inspection under this section may be accompanied by any person or persons reason- ably necessary to assist him or her with the inspection.

(6) A person who provides assistance under subsection (5) may exercise the powers provided to inspectors under subsection (2)(a) to (c).

(7) Nothing in this section limits the privilege against self-incrim- ination.
Applications for warrants 40 (1) A District Court Judge who, on written application made on oath by an inspector authorised by the inventory agency, is sat- isfied that there are reasonable grounds to believe that there are in or on or under or over any land, premises, or dwellinghouse any documents or other records or things (including samples) 93 Part 3 s 41 Climate Change Response Act 2002 Reprinted as at 8 December 2009 for which there are reasonable grounds to believe may be evi- dence of the commission of an offence under section 46 may issue a warrant authorising the entry and search of that land, premises, or dwellinghouse.
Every search warrant must authorise the inspector executing the warrant to— (a) (2) enter and search the land, premises, or dwellinghouse within 30 working days of the date of the warrant at any time that is reasonable in the circumstances during the ordinary hours of business; and require the production, inspection, and copying of docu- ments or business records (including electronic docu- ments or records); and demand from the occupier any other information that the inspector may reasonably require for the purpose of determining whether or not the regulations made under section 50(2) have been complied with; and seize any documents or business records that the in- spector has reasonable cause to suspect may be evidence of the commission of an offence under section 46; and take samples of water, air, soil, or organic matter; and use any assistance that is reasonably necessary in the circumstances; and use any force to enter (whether by breaking doors or otherwise) that is reasonable in the circumstances.
(b) (c) (d) (e) (f) (g) (3) An inspector may not enter a dwellinghouse unless that in- spector is accompanied by a constable.

(4) A person who provides assistance under subsection (2)(f) may exercise the powers provided to inspectors under subsection (2)(a), (b), (d), (e), and (g).

(5) Nothing in this section limits the privilege against self-incrim- ination.

Section 40(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Entry of defence areas Despite anything in sections 37, 39, and 40, an inspector may not enter a defence area (within the meaning of section 2(1) of the Defence Act 1990), except in accordance with a written 41 94 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 3 s 43 42 43 (1) (2) agreement between the inventory agency and the Chief of De- fence Force on the date or dates specified in that agreement.
Proof of authority must be produced If powers are exercised under section 37 or section 39 or sec- tion 40, an inspector must, on initial entry, and if asked by the occupier at any time afterward, produce for inspection that in- spector’s— (a) warrant of authorisation and evidence of his or her iden- tity; and (b) written authorisation to enter required under section 37 or section 39 or a search warrant required under section 40.
Notice of entry If, when powers are exercised under section 37 or section 39 or section 40, the occupier is not present at the time that the written authorisation or search warrant is executed, and notice is not given to the owner or owners under section 37 or section 39, the inspector must, in a prominent place, attach a written notice that shows— (a) (b) (c) (d) If the inspector removes, or has removed, any documents or business records from any land, premises, or dwellinghouse, the inspector must hand to the occupier, or attach in a promi- nent place, a notice that— (a) (b) the date and time of the entry or search; and the purpose of the entry or search; and the name and phone number of that inspector; and an address at which enquiries may be made.
lists all of the items taken; and states where those items are being held (and, if they are being held in 2 or more places, state which items are being held in which place); and states the procedure that the person must follow to have those items returned.
(c) 95 Part 3 s 44 Climate Change Response Act 2002 Reprinted as at 8 December 2009 44 45 Information obtained under section 39 or section 40 only admissible in proceedings for alleged breach of regulations made under section 50(2) No document, business record, or other information obtained from a person under section 39 or section 40 is admissible against that person in any criminal or civil proceedings, other than proceedings for an alleged breach of regulations made under section 50(2).
Return of items seized Section 199 of the Summary Proceedings Act 1957 applies, with the necessary modifications, to any property seized or taken by an inspector as if— (a) references in that section to a constable were references to an inspector; and the reference in that section to section 198 of that Act were a reference to section 39 or section 40 of this Act.
(b) 45A Protection of persons acting under authority of this Part No inspector or person called upon to assist an inspector who does an act or omits to do an act when carrying out a duty, performing a function, or exercising a power conferred on that person by this Part is under any civil or criminal liability in respect of that act or omission unless the person has acted or omitted to act in bad faith or without reasonable cause.
Section 45A: inserted, on 26 September 2008, by section 42 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Offences and penalties Failing to provide required information to inventory agency Every person who fails, without reasonable excuse, to provide the information to the inventory agency required under regu- lations made under section 50(2)— commits an offence; and (a) is liable on conviction to a fine not exceeding,— (b) (i) (ii) in the case of an individual, $5,000; or in the case of a body corporate, $30,000.
46 96 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 3 s 48 47 Obstructing, hindering, resisting, or deceiving person exercising power under Part Every person— (a) commits an offence who— (i) wilfully obstructs, hinders, resists, or deceives a person exercising a power conferred on that person under this Part or regulations made under this Part; or (iii) (ii) wilfully interferes with any survey, investigation, test, or measurement carried out by an inspector under this Part; or refuses to provide information that an inspector has demanded from that person under section 39(2)(d) or section 40(2)(c), except on the grounds of self-incrimination; and is liable on conviction to a fine not exceeding,— (i) (ii) in the case of an individual, $5,000; or in the case of a body corporate, $30,000.
(b) Section 47 heading: amended, on 26 September 2008, by section 43(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 47(a)(i): amended, on 26 September 2008, by section 43(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 47(a)(ii): amended, on 26 September 2008, by section 43(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
48 Signing false declaration in respect of regulations made under section 50 Every person who signs a declaration that is required by regu- lations made under section 50, knowing the declaration to be false,— (a) (b) Section 48 heading: amended, on 26 September 2008, by section 44 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

commits an offence; and is liable on conviction to a fine not exceeding $5,000.
97 Part 3 s 48A Climate Change Response Act 2002 Reprinted as at 8 December 2009 48A Providing false or misleading information to Registrar [Repealed] Section 48A: repealed, on 26 September 2008, by section 45 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Miscellaneous provisions Reporting For the purpose of reporting to the Secretariat under the Con- vention and the Protocol, the Minister responsible for the ad- ministration of this Act may, as and when the Minister thinks fit, direct the inventory agency or the Registrar to provide re- ports and information to the Minister or directly to the Secre- tariat.

Section 49: amended, on 26 September 2008, by section 46 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Regulations The Governor-General may, by Order in Council, make regu- lations for any or all of the following purposes: (a) (b) [Repealed] prescribing agencies whose employees may act as in- spectors under section 36, being— (i) a Department of the Public Service listed in Schedule 1 of the State Sector Act 1988; or a Crown Research Institute within the meaning of the Crown Research Institutes Act 1992: (ii) (c) (ca) (d) (e) (f) (g) (h) (i) (j) [Repealed] [Repealed] [Repealed] [Repealed] [Repealed] [Repealed] [Repealed] prescribing forms and notices for the purposes of this Part: for the purposes of, and subject to, Part 2, giving effect to the terms of the Convention and the Protocol, includ- ing any decisions, rules, guidelines, principles, meas- ures, methodologies, modalities, procedures, mechan- 49 50 (1) 98 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 3 s 50 isms, or other matters adopted, agreed on, made, or ap- proved in accordance with the Convention or the Proto- col: providing for the matters that are contemplated by, or necessary for, giving full effect to this Part and for its due administration.
(k) (2) (3) If recommended by the Minister, the Governor-General may, by Order in Council, make regulations requiring persons to keep and provide information to the inventory agency for the purpose of estimating New Zealand’s human-induced emis- sions by sources and removals by sinks of greenhouse gases on any or all of the following: (a) emissions of greenhouse gases into the atmosphere from industrial or trade premises: volumes of fuel produced, distributed, sold, or used, and the nature of the use of that fuel: industrial processes, including by-products from indus- trial processes: composition of vehicle fleets and use of vehicles, in- cluding, but not limited to, distances travelled: imports and exports of hydrofluorocarbons, perfluoro- carbons, and sulphur hexafluoride: imports, exports, manufacture, sales, and the nature of the use of products that contain hydrofluorocarbons, perfluorocarbons, and sulphur hexafluoride: (b) (c) (d) (e) (f) (h) (i) (j) (k) (g) waste composition and weight, dimensional character- istics of landfills, and volume of landfill gases extracted and combusted: numbers of ruminants and other farmed livestock and their performance: areas of crops and amounts produced: amount of nitrogenous and lime fertilisers used: native and planted trees, the amount of harvesting, the area of land in scrub, and the area of land in other land uses that are necessary to determine land use change under Article 3.3 or Article 3.4 of the Protocol.
If recommended by the Minister, the Governor-General may, by Order in Council, make regulations requiring persons to provide to the inventory agency information that the person 99 Part 3 s 50 Climate Change Response Act 2002 Reprinted as at 8 December 2009 holds on any matter specified in subsection (2) for any year from 1989 to the current reporting year.
Regulations made under subsection (2) may specify the man- ner and form in which records must be kept and provided, in- cluding specifying that those records must be declared as true, the form of that declaration, and who must sign that declar- ation.

Regulations made under subsection (1) or (2) may be made in respect of different persons or classes of persons.

For the purposes of subsection (5), classes of persons includes local authorities.
(4) (5) (6) (7) Any regulations made under this section must be consistent (b) this Act; and the Convention; and the Protocol.
with— (a) (b) (c) The Governor-General may, by Order in Council, make regu- lations— (a) amending Schedule 1 by making any amendments to the text of the Convention set out in that schedule as are required to bring the text up to date: revoking Schedule 1 and substituting a new schedule setting out in an up-to-date form the text of the Con- vention: amending Schedule 2 by making any amendments to the text of the Protocol set out in that schedule as are required to bring the text up to date: revoking Schedule 2 and substituting a new schedule setting out in an up-to-date form the text of the Protocol.
Section 50(1)(a): repealed, on 26 September 2008, by section 47(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(d) (c) Section 50(1)(c): repealed, on 26 September 2008, by section 47(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 50(1)(ca): repealed, on 26 September 2008, by section 47(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(d): repealed, on 26 September 2008, by section 47(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(8) 100 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 3 s 51 Section 50(1)(e): repealed, on 26 September 2008, by section 47(5) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(f): repealed, on 26 September 2008, by section 47(6) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 50(1)(g): repealed, on 26 September 2008, by section 47(7) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 50(1)(h): repealed, on 26 September 2008, by section 47(8) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(1)(i): amended, on 26 September 2008, by section 47(9) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 50(1)(k): amended, on 26 September 2008, by section 47(10) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 50(2): amended, on 26 September 2008, by section 47(11) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 50(3): amended, on 26 September 2008, by section 47(11) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 50(5): substituted, on 26 September 2008, by section 47(12) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 50(8): added, on 8 December 2009, by section 21 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
51 (1) Incorporation by reference in regulations made under section 50 The following written material may be incorporated by refer- ence in regulations made under section 50: (a) rules, guidelines, principles, measures, decisions, methodologies, modalities, procedures, mechanisms, or other matters adopted, agreed on, made, or approved by any international or national organisation in accord- ance with the Convention or the Protocol; and any standards, requirements, or recommended prac- tices— (i) of any international or national organisation that are adopted, agreed on, made, or approved in accordance with the Convention or the Protocol: (b) 101 Part 3 s 52 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (ii) prescribed in any country or jurisdiction that are adopted, agreed on, made, or approved in accord- ance with the Protocol.
(2) Material may be incorporated by reference in regulations— in whole or in part; and (a) (b) with modifications, additions, or variations specified in the regulations.

(3) Material incorporated by reference in regulations has legal ef- fect as part of the regulations.
Sections 170 to 177 apply to material incorporated by refer- ence into regulations under section 50 as though all references to sections 163 to 165, 167, and 168 were references to section 50 and all references to the chief executive were references to the inventory agency.

Section 51: substituted, on 26 September 2008, by section 48 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Inventory agency must report to Minister on certain matters before certain regulations are made Before regulations are made under section 50(2) or (3), the inventory agency must provide a report to the Minister on— whether or not the information to be collected under (a) the regulations is reasonably available to the inventory agency by other means, including, but not limited to,— (i) (ii) voluntary collection; or collection from a government agency that holds the information (provided that the release of the information by that government agency complies with the principles of the Privacy Act 1993 and any provisions of the enactment under which the information was collected); and (b) any deficiencies with collecting the information using those other means, including, but not limited to,— (i) deficiencies in obtaining the required quality of information; and the lack of certainty that all the required informa- tion can be provided; and (ii) (4) 52 (1) 102 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 3 s 53 (c) whether or not the regulations are likely to place a dis- proportionate burden on any particular group of per- sons.
(2) When preparing a report under subsection (1), the inventory agency must consult any person or government agency that is likely to be affected by the proposed regulations.

(3) With respect to a report prepared under subsection (1), the Minister— (a) must have regard to the report and to the results of con- (4) sultation; and (b) may make, as he or she thinks fit, recommendations to the Governor-General to make regulations under sec- tion 50(2) or (3).
The Minister may not recommend the making of regulations under section 50(2) and (3) unless he or she is satisfied, on reasonable grounds, that the regulations are necessary to assist New Zealand to meet its obligations under the Convention or the Protocol.

Section 52 heading: amended, on 26 September 2008, by section 49(1) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 52(1): amended, on 26 September 2008, by section 49(2) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 52(3): amended, on 26 September 2008, by section 49(3) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 52(4): amended, on 26 September 2008, by section 49(4) of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

53 Consequential amendments Amendment(s) incorporated in the Act(s).
Part 4 New Zealand greenhouse gas emissions trading scheme Part 4: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

103 Part 4 s 54 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Subpart 1—Participants Subpart 1: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Participants 54 (1) A person is a participant,— (a) (b) in respect of an activity listed in Schedule 3, if the per- son— (i) is required under section 180, 204, or 213 to be treated as the person carrying out the activity; or if subparagraph (i) does not apply, carries out the activity; and (ii) in relation to an activity listed in Schedule 4, if the per- son— (i) carries out the activity, is registered as a partici- pant under section 57 in respect of the activity, and that registration has taken effect; or becomes a participant under section 192 in re- spect of the activity and is not removed from the register in respect of that activity.
(ii) (2) Any reference in this Part or Part 5 to a person or participant carrying out an activity must be read as referring to the person who is to be treated under section 180, 204, or 213 as carrying out the activity, or if those sections do not apply, to the person or participant carrying out the activity.

Subsection (1)(a) is subject to any exemption under an Order in Council made under section 60.
(3) (4) A person who was a participant under subsection (1) continues to be a participant for the purposes of this Act in respect of any obligations (including, but not limited to, the obligation to retain records in accordance with section 67), or entitle- ments under section 64, arising in respect of an activity listed in Schedule 3 or 4 that the person carried out while a partici- pant.
The chief executive must ensure that the registers, or the in- formation contained in the registers, kept for the purposes of section 56 or 57 are open for public inspection, without fee, on the Internet site of the department of the chief executive, and (5) 104 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 55 55 (1) (2) (3) in any other form that the chief executive considers appropri- ate.
Section 54: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 54(1)(a)(i): amended, on 8 December 2009, by section 22(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 54(1)(b)(ii): amended, on 8 December 2009, by section 22(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 54(2): amended, on 8 December 2009, by section 22(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 54(4): amended, on 8 December 2009, by section 22(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Associated persons This section applies if an activity listed in Schedule 3 has a threshold below or above which a person becomes a partici- pant.
If this section applies, persons who are associated persons are to be treated as 1 person for the purpose of determining whether the threshold is met.
If a threshold for an activity listed in Schedule 3 is met by associated persons, each of the associated persons— (a) is to be treated as carrying out the activity for the pur- poses of this Act; and (b) may elect to comply with this Part and Part 5 as a— (i) participant in relation to the activity; or (ii) member of an unincorporated body; or (iii) member of a consolidated group under section 150, if the associated person qualifies to be a member of a consolidated group.
Section 55: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 55(3)(b)(ii): substituted, on 8 December 2009, by section 23(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 55(3)(b)(iii): amended, on 8 December 2009, by section 23(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
105 Part 4 s 56 Climate Change Response Act 2002 Reprinted as at 8 December 2009 56 Registration as participant in respect of activities listed in Schedule 3 (1) A person who carries out an activity listed in Schedule 3 must— (a) (b) notify the chief executive that the person is a participant in respect of the activity; and if the person does not already have a holding account— apply to open a holding account under section (i) 18A at the time the person notifies the chief ex- ecutive under paragraph (a); and supply the account number of the holding ac- count, or ensure that the account number of the holding account is supplied, to the chief execu- tive within 10 working days of receiving the ac- count number from the Registrar.
(ii) (2) A notice under subsection (1)(a) must— (a) (b) (c) be submitted to the chief executive within 20 working days of the person becoming a participant in respect of the activity; and be in the prescribed form; and contain— (i) (ii) the name of the person; and the details of the activity that the person carries out; and any other information that the chief executive may require; and if the person already has 1 or more holding ac- counts, the account number of the holding ac- count that the person wishes to use for the pur- pose of section 61(1).
(iii) (iv) The chief executive must, as soon as practicable after receiving a notice under subsection (1)(a),— (a) enter on a register kept by the chief executive for the purpose of this section— the name of the person; and (i) (ii) the activity that the person carries out; and notify the person that the person’s name and the activity the person carries out have been entered on the register.
(b) (3) 106 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 57 (4) If the chief executive receives a notice under subsection (1)(a) from a person whose name is already on the register kept in accordance with subsection (3), the chief executive need not re-enter the person’s name on the register, but must enter next to the person’s name the activity that is specified in the notice, and notify the person that the activity has been entered on the register next to the person’s name.
Section 56: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
57 Applications to be registered as participant in respect of activities listed in Schedule 4 (1) A person who carries out an activity listed in Schedule 4, or who will do so at the time that the person’s registration takes effect, may apply to be registered as a participant in respect of the activity by application to the chief executive in accordance with subsection (2).
(2) An application under subsection (1) must— (a) (b) (c) be in the prescribed form; and be accompanied by— (i) any information that the chief executive may re- quire; and the prescribed fee (if any); and (ii) if the person already has 1 or more holding accounts, contain the account number of the holding account that the person wishes to use for the purpose of section 61(1).
(3) Any person who does not have a holding account at the time the person submits an application under subsection (1) must— apply to open a holding account under section 18A at (a) the time the person submits the application; and supply the account number of the holding account to the chief executive within 10 working days of receiving an account number from the Registrar.
(b) (4) Following the receipt of an application under subsection (1), the chief executive must register the person in accordance with subsections (5) and (7) if satisfied that the person— (a) in respect of the activity listed in Schedule 4 specified in the application— 107 Part 4 s 57 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) is carrying out the activity in the year in which the chief executive receives the application; or (ii) will carry out the activity in the year in which the person’s registration will take effect in accord- ance with subsection (8); and (5) (b) has met any conditions of registration in respect of the activity in this Part or Part 5; and has paid any prescribed fees or charges.
(c) The chief executive registers a person by entering on a register kept by the chief executive for the purpose of this section— (a) (b) (c) the name of the applicant; and the activity carried out by the applicant; and the date from which the applicant’s registration as a par- ticipant in respect of the activity will take effect in ac- cordance with subsection (8).
(6) After registering a person under subsection (5), the chief ex- ecutive must notify the following persons that the person has been registered as a participant in respect of the activity and the date from which the registration will take effect: (a) (b) the applicant; and by notice issued on the same date as the notice to the ap- plicant, any other persons required to be notified under section 188(6)(a), 198(2)(a), or 209(2)(a), as the case may require.
If the chief executive receives an application under subsection (1) in respect of an activity listed in Part 2, 3, or 4 of Schedule 4, then the chief executive must, within 20 working days of receiving the application,— (a) (b) decline the application; or register the applicant under subsection (5), unless the chief executive requires further information from the applicant in order to satisfy himself or herself that the person is carrying out the activity specified in the ap- plication, in which case the chief executive must either register the person within 20 working days of receiving the further information or decline the application.
The registration of a person takes effect from the date the per- son’s name is entered on the register under subsection (5) or any later date required by section 198(2)(b), or 209(2)(b).
(7) (8) 108 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 58 (9) If the chief executive receives an application under subsection (1) from a person whose name is already on the register kept in accordance with subsection (5), and registers the person in respect of the activity specified in the application, the chief ex- ecutive need not re-enter the person’s name on the register, but must enter next to the person’s name the activity that is speci- fied in the application, and notify the person that the activity has been entered on the register next to the person’s name.
Section 57: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 57(4)(b): amended, on 8 December 2009, by section 24(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 57(4)(c): added, on 8 December 2009, by section 24(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 57(6)(b): amended, on 8 December 2009, by section 24(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 57(7): amended, on 8 December 2009, by section 24(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 57(8): amended, on 8 December 2009, by section 24(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
58 Removal from register of participants in respect of activities listed in Schedule 4 (1) A person who is registered under section 57 as a participant in respect of an activity listed in Schedule 4 may apply to have that person’s name removed from the register in respect of the activity by application to the chief executive in accordance with subsection (2).

(2) An application under subsection (1) must— (3) be in the prescribed form; and (a) be accompanied by the prescribed fee (if any).
(b) Following receipt of an application under subsection (1), the chief executive must— (a) note on the register— (i) that the applicant has applied to be removed from the register as a participant in respect of the ac- tivity; and 109 Part 4 s 59 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) (c) (ii) the date on which the applicant’s name is to be removed in accordance with subsection (4); and notify the applicant of the date on which the applicant’s name was, or is to be, removed from the register in accordance with subsection (4); and notify, by notice issued on the same date as the no- tice to the applicant under paragraph (b), any other per- sons required to be notified under section 188(7)(a)(i), 198(3)(a), or 209(3)(a), as the case may require,— (i) that the applicant has applied to have the appli- cant’s name removed from the register as a par- ticipant in respect of the activity; and the date that the applicant’s name was, or is to be, removed in accordance with subsection (4).
(ii) (4) The chief executive must remove the name of an applicant under subsection (1) from the register in respect of the activity specified in the application immediately or on any later date required by section 188(7)(a)(ii), 198(3)(b), or 209(3)(b).

Section 58: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 58(3)(c): amended, on 8 December 2009, by section 25(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 58(4): amended, on 8 December 2009, by section 25(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
59 Removal from register of participants in respect of activities listed in Schedules 3 and 4 (2) (1) A person who is registered under section 56 or 57 in respect of an activity listed in Schedule 3 or 4 must notify the chief executive as soon as practicable if the person ceases, or will cease, to carry out the activity.
The chief executive must, after receiving notice under subsec- tion (1), or otherwise being satisfied that the person has ceased to carry out the activity,— (a) remove the name of the person from the register in re- spect of the activity immediately or, if the notice spe- cifies that the person will cease the activity on a future date, on that date; and 110 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 60 (b) notify the person, and any other person specified in sec- tion 188(7)(a)(i), 198(3)(a), or 209(3)(a), as the case may require, that the person’s name— (i) has been removed from the register in respect of the activity; or if the person’s name will be removed from the register in respect of the activity on a future date, that the person’s name will be removed from the register in respect of the activity on that date.
(ii) (3) This section is subject to sections 200 and 211.

Section 59: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 59(2)(b): amended, on 8 December 2009, by section 26(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 59(3): amended, on 8 December 2009, by section 26(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
60 (1) Exemptions in respect of activities listed in Schedule 3 The Governor-General may, by Order in Council made on the recommendation of the Minister, exempt any person or class of persons carrying out an activity listed in Schedule 3 from being a participant under this Act in respect of— (a) (b) (c) (d) the activity; or part of the activity; or a proportion of the emissions from the activity; or a combination of the matters specified in paragraphs (a) to (c).
(1A) An Order in Council made under subsection (1) may specify any terms and conditions (including, but not limited to, terms and conditions imposing geographical or operational restric- tions) that the Governor-General thinks fit.
Before recommending the making of an order under subsec- tion (1), the Minister must be satisfied that— (a) (2) the order will not materially undermine the environ- mental integrity of the greenhouse gas emissions trad- ing scheme established under this Act; and the costs of making the order do not exceed the benefits of making the order.
(b) 111 Part 4 s 60 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (3) In determining whether to recommend the making of an order under subsection (1), the Minister must have regard to the fol- lowing matters: (a) the need to maintain the environmental integrity of the greenhouse gas emissions trading scheme established under this Act; and the desirability of minimising any compliance and ad- ministrative costs associated with the greenhouse gas emissions trading scheme established under this Act; and the relative costs of giving the exemption or not giving it, and who bears the costs; and any alternatives that are available for achieving the ob- jectives of the Minister in respect of giving the exemp- tion; and any other matters the Minister considers relevant.
(b) (c) (d) (e) (4) While an order made under this section is in force, any per- son or class of persons in respect of whom the order is made is not required to comply with the obligations imposed on par- ticipants under this Part and Part 5 in respect of the matters covered by the order.
Before recommending the making or revocation of an order under this section, the Minister must— (a) (5) consult with persons that the Minister considers are likely to be substantially affected by the making of the order; and give those persons the opportunity to make submis- sions; and consider those submissions.
(b) (c) (6) Despite anything in subsection (2) or (3), the Minister may make a recommendation for the making of an order under sub- section (1) in respect of a person with whom the Crown has signed a negotiated greenhouse agreement if— (a) the negotiated greenhouse agreement was signed before 31 December 2005; and the order relates to an activity of the person that is covered by the negotiated greenhouse agreement; and the order is in force for a period not exceeding the term of the negotiated greenhouse agreement, includ- (b) (c) 112 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 61 ing any extension of the term made in accordance with the agreement.
(7) The Minister is not required to comply with subsection (5) before recommending the making of an order under subsection (1) in respect of a person with whom the Crown has signed a negotiated greenhouse agreement.

(8) A failure to comply with subsection (5) does not affect the validity of any order made.

Section 60: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 60(1)(a): amended, on 8 December 2009, by section 27(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 60(1)(b): amended, on 8 December 2009, by section 27(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 60(1)(c): amended, on 8 December 2009, by section 27(3) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 60(1A): inserted, on 8 December 2009, by section 27(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 60(2)(b): amended, on 8 December 2009, by section 27(5) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Requirement to have holding account 61 (1) A participant or an eligible person must have a holding account for the purpose of— (a) surrendering units or repaying units as required under this Part or Part 5: receiving New Zealand units to which the participant or eligible person is entitled under this Part or Part 5.
(b) (2) Despite anything in subsection (1), a person who does not have a holding account at the time the person becomes a participant complies with subsection (1) if the person complies with sec- tion 56(1)(b) or 57(3), as the case may require.
(3) Despite anything in this Act, the Registrar must, subject to section 18A(5), open a holding account in the name of— (a) a person— 113 Part 4 s 62 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) who applies to open a holding account in accord- ance with section 56(1)(b) or 57(3); and (ii) whose name has been entered on a register kept for the purposes of section 56 or 57; or an eligible person.
(b) Section 61: substituted, on 8 December 2009, by section 28 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
62 Monitoring of emissions and removals A participant must, in respect of each activity listed in Sched- ule 3 or 4 that is carried out by the participant in a year,— (a) collect the prescribed data or other prescribed informa- tion (which data or information must, if required by regulations made under this Act, be verified by a per- son or organisation recognised by the chief executive under section 92); and calculate the emissions and the removals from the ac- tivity in accordance with the methodologies prescribed in regulations made under this Act; and if required by regulations made under this Act, have the calculations verified by a person or organisation recog- nised by the chief executive under section 92; and keep, in the prescribed format (if any), records of the data or information and calculations.
(b) (c) (d) Section 62: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 62(d): substituted, on 8 December 2009, by section 29 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Liability to surrender units to cover emissions 63 (1) A participant is liable to surrender 1 unit for each whole tonne of emissions from each activity listed in Schedule 3 or 4 that the participant carries out,— (a) (b) If a participant is liable to surrender units under this Act, the participant must make an application under section 18C to transfer the required number of units from the participant’s as calculated in accordance with this Act; and at the times required under this Act.
(2) 114 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 64 holding account to a surrender account designated by the chief executive.

Section 63: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
64 Entitlement to receive New Zealand units for removal activities (2) (1) A participant is entitled to receive 1 New Zealand unit for each whole tonne of removals from the participant’s removal activ- ities, as calculated in accordance with this Act.
If a participant submits an emissions return to the chief execu- tive that contains an assessment of the participant’s entitlement to receive New Zealand units, then the chief executive must, within 20 working days of receiving the emissions return, di- rect the Registrar to transfer the number of New Zealand units contained in the assessment to the participant’s holding ac- count.
Subsection (2) does not apply if, within 20 working days of the chief executive receiving the emissions return, the chief executive or an enforcement officer serves notice on the par- ticipant under section 94 requiring the participant to provide information in respect of any matter contained in the emissions return.

[Repealed] [Repealed] Section 64: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(4) (5) (3) Section 64(2): substituted, on 8 December 2009, by section 30 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 64(3): substituted, on 8 December 2009, by section 30 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 64(4): repealed, on 8 December 2009, by section 30 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 64(5): repealed, on 8 December 2009, by section 30 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
115 Part 4 s 65 Climate Change Response Act 2002 Reprinted as at 8 December 2009 65 (1) (2) (3) (4) Annual emissions returns In the period beginning on 1 January and ending on 31 March in each year, a participant must submit an annual emissions return to the chief executive in respect of each of the activities listed in Schedule 3 or Part 2, 3, 4, or 5 of Schedule 4 that the participant carried out in the immediately preceding year.
The annual emissions return must, in respect of activities that the participant carried out during the year covered by the re- turn,— (a) (b) record the participant’s activities; and record the participant’s emissions and removals as cal- culated and, if required, as verified under section 62(b) and (c); and contain an assessment of the participant’s— (i) liability to surrender units in respect of the par- ticipant’s emissions; and entitlement to receive New Zealand units for the participant’s removals; and (ii) be accompanied by such other information as may be prescribed; and be accompanied by the prescribed fee (if any); and be signed by the participant.
(e) (f) The participant must submit the annual emissions return under subsection (1) by submitting it in the prescribed manner and format.

Following the submission of an annual emissions return under subsection (1), a participant must, by 31 May, surrender the number of units listed in the participant’s assessment under subsection (2)(c)(i).

(c) (d) (5) A participant who carries out an activity listed in Part 1 of Schedule 4 must submit emissions returns as set out in section 189(2).
Section 65: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 65(1): amended, on 8 December 2009, by section 31(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 65(4): amended, on 8 December 2009, by section 31(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
116 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 67 Quarterly returns for other removal activities 66 (1) Despite anything in this Act, a person who is a participant in respect of an activity listed in Part 2 of Schedule 4 may, within 20 working days after the following dates, submit an emissions return that complies with subsection (2): (a) (b) (c) 31 March: 30 June: 30 September.
(2) An emissions return referred to in subsection (1) must— (a) (b) only relate to activities listed in Part 2 of Schedule 4 in respect of which the person is a participant; and in respect of each activity covered by the return, be in respect of the period— (i) commencing on the later of— (A) the day the person became a participant in respect of the activity; or the day after the end of the period covered by the participant’s last emissions return in respect of the activity; and (B) (ii) ending on a date specified in subsection (1); and contain the information specified in section 65(2) in re- spect of the period covered by the return; and be submitted in accordance with section 65(3).
(c) (d) (3) Despite anything in section 65, the annual emissions return of a participant who has submitted a return for an activity under this section in any year must cover only the part of the year not covered by a return under this section.

Section 66: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Retention of emissions records 67 (1) A participant must keep sufficient records to enable the chief executive to verify, in respect of any year in which the partici- pant carries or carried out an activity listed in Schedule 3 or 4,— (a) (b) the activities carried out by the participant; and the emissions and removals from those activities as cal- culated and, if required, as verified under section 62(b) and (c); and 117 Part 4 s 68 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (c) (d) liability to surrender units; and entitlement to receive New Zealand units; and the participant’s assessment of the participant’s— (i) (ii) any other information contained in an emissions return submitted by the participant.
The records specified in subsection (1) must— (a) (b) include the records specified in section 62(d); and in the case where they relate to an activity listed in Part 1 of Schedule 3 or 4, be retained for a period of at least 20 years after the end of the year to which they relate; and in every other case, be retained for a period of at least 7 years after the end of the year to which they relate.
(c) Section 67: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Subpart 2—Issuing and allocating New Zealand units Subpart 2 heading: substituted, on 8 December 2009, by section 32 of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Issuing New Zealand units The Minister may, at any time, direct the Registrar to issue New Zealand units into a Crown holding account.
Before giving a direction, the Minister must— (a) (b) consult the Minister of Finance; and have regard to the following matters: (i) the number of units that New Zealand has re- ceived, or that the Minister expects New Zealand to receive, under any international agreement; and (ii) New Zealand’s international obligations, includ- ing any obligation to retire units equal to the number of tonnes of emissions that are emitted in New Zealand; and the proper functioning of the greenhouse gas emissions trading scheme established under this Act; and (iii) (2) 68 (1) (2) 118 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 69 (iv) any other matters that the Minister considers rele- vant; and (c) if the direction under subsection (1) relates to issuing New Zealand units into a Crown holding account on or after 1 January 2013, and if there is no subsequent commitment period specified or determined under the Protocol or no successor international agreement to the Protocol, have regard to the following matters: (i) New Zealand’s annual emissions for the 5 years (on record) before the year of the direction under consideration; and the report of the most recent review completed under section 160(1); and (ii) (iii) New Zealand’s obligations under the Convention (if any); and (iv) New Zealand’s anticipated future international obligations.
(3) The Registrar must give effect to a direction given by the Min- ister under subsection (1).

(4) As soon as practicable after giving a direction under subsec- tion (1), the Minister must— (a) (b) publish a copy of the direction in the Gazette; and ensure that the direction is accessible via the Internet site of the department of the chief executive responsible for the administration of this Act; and present a copy of the direction to the House of Repre- sentatives.
(c) (5) Each copy of the direction under subsection (4) must be ac- companied by a statement setting out how the Minister has had regard to the matters specified in subsection (2)(b) and, if relevant, subsection (2)(c).

Section 68: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
69 (1) Notification of intention regarding New Zealand units The Minister must give notice in the Gazette of the Crown’s intentions to issue and allocate or sell New Zealand units at least 9 months before the end of each of the following periods: 119 Part 4 s 70 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) (c) the first commitment period: each subsequent commitment period (if any): if there is no subsequent commitment period, then— (i) the 5-year period commencing on 1 January 2013: each subsequent 5-year period after the period specified in subparagraph (i).
(ii) The notice must include— (a) (b) (c) the number of New Zealand units that are intended to be issued under section 68; and the time frames for issuing the New Zealand units under section 68; and the intended time frame for any allocation of New Zealand units, or the sale of New Zealand units and the method of sale.

The Minister must present a copy of the report under sec- tion 160(7)(b) to the House of Representatives before notice may be given under this section.
The Minister must ensure that a copy of any notice given under subsection (1) is accessible via the Internet site of the depart- ment of the chief executive responsible for the administration of this Act.

The Crown is not bound by any notice given under subsection (1) to make any decisions in relation to the issuing, sale, or allocation of New Zealand units.
Section 69: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Allocation of New Zealand units in relation to pre-1990 forest land and fishing Heading: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Governor-General may issue allocation plans The Governor-General may, by Order in Council made on the recommendation of the Minister, issue an allocation plan pro- viding for the matters in section 72 or 74.
The allocation plan must— (2) (3) (4) (5) 70 (1) (2) 120 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 72 (a) (b) comply with any relevant requirements specified in this subpart; and be presented to the House of Representatives as soon as practicable after it is issued, along with, in the case of the fishing allocation plan, the report provided to the Minister under section 76(5) and any of the Minister’s decisions on the recommendations contained in the re- port.
(3) An allocation plan comes into force on the day after the date it is presented to the House of Representatives.

(4) An allocation plan is a regulation for the purposes of the Regulations (Disallowance) Act 1989 and for the purposes of the Acts and Regulations Publication Act 1989.

Section 70: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
71 (1) Correction of allocation plans For the purpose of correcting any minor mistakes or defects in an allocation plan, the Minister may, without complying with section 75 or 76, recommend that the Governor-General amend any allocation plan.

(2) An amended allocation plan comes into force at the time it is (3) 72 (1) (2) issued.

Section 70(2)(b) and (3) do not apply to an amended allocation plan.
Section 71: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Allocation in respect of pre-1990 forest land The Minister must recommend to the Governor-General that an allocation plan be issued under section 70 in respect of pre- 1990 forest land.
The pre-1990 forest land allocation plan must provide for— (a) an allocation of New Zealand units to— (i) landowners, or former landowners, of eligible land who are eligible persons; or 121 Part 4 s 72 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (ii) a person appointed in accordance with section 73 to hold any New Zealand units allocated in respect of the eligible land specified in para- graph (b)(i)(A); and (b) an allocation of New Zealand units of— (i) 18 New Zealand units for each hectare of eli- gible land that was Crown forest licence land on 1 January 2008 and— (A) will not have been transferred to iwi as part of a Treaty of Waitangi settlement by the date on which the allocation plan is issued; or has been, or will have been, transferred to iwi as part of a Treaty of Waitangi settle- ment either on or after 1 January 2008 but before the date on which the allocation plan is issued: (B) (ii) (iii) 39 New Zealand units for each hectare of eligible land, other than land covered by subparagraph (i) that was transferred to the landowner, or former landowner, of the land— (A) (B) after 31 October 2002; or before 1 November 2002 if, since that date, ownership (including, if specified in the allocation plan, the beneficial owner- ship) of any body corporate owning the land or, if specified in the allocation plan, the beneficial ownership of the land owned by a body corporate, has changed in the manner and to the extent specified in the allocation plan: 60 New Zealand units for each hectare of eligible land not covered in subparagraph (i) or (ii).
The pre-1990 forest land allocation plan must provide that the New Zealand units allocated under the plan will be transferred so that— (a) a person allocated 18 units for each hectare of eligible land in accordance with subsection (2)(b)(i) receives— (3) 122 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 72 (b) (c) (i) (ii) 7 units for each hectare of eligible land by 31 De- cember 2012; and 11 units for each hectare of eligible land after 31 December 2012; and a person allocated 39 units for each hectare of eligible land in accordance with subsection (2)(b)(ii) receives— 15 units for each hectare of eligible land by (i) 31 December 2012; and 24 units for each hectare of eligible land after 31 December 2012; and (ii) a person allocated 60 units for each hectare of eli- gible land in accordance with subsection (2)(b)(iii) receives— (i) 23 units for each hectare of eligible land by 31 December 2012; and 37 units for each hectare of eligible land after 31 December 2012.
(ii) (4) In addition to the matters provided for in subsections (2) and (3), the pre-1990 forest land allocation plan— (a) must specify— (i) (ii) (iii) (iv) (v) the landowners, or former landowners, of the eli- gible land who are eligible persons; and the manner in which, and the extent to which, the ownership of eligible land must have changed to constitute a “transfer” for the purposes of subsec- tion (2)(b)(ii)(A) or (B); and the circumstances, if any, in which a transfer for the purposes of subsection (2)(b)(ii) includes transmission; and the manner in which, and the extent to which, the ownership of any body corporate owning eligible land must have changed for the purposes of sub- section (2)(b)(ii)(B); and the data and information, or the kind of data and information, that each eligible person must sup- ply, and the form in which the person must supply the data and information, in order to— (A) receive an allocation of New Zealand units under the plan; and 123 Part 4 s 72 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (vi) (B) enable the Minister to determine the per- son’s correct allocation of New Zealand units under the allocation plan; and in relation to an eligible person who receives an allocation of New Zealand units,— (A) the records, or the kinds of records, that the person must retain; and the form in which the person must retain the records; and the period for which the person must retain the records; and (B) (C) (b) may specify— (i) (ii) the manner in which, and the extent to
 which, the beneficial ownership of eligible land must have changed to constitute a “transfer” for the pur- poses of subsection (2)(b)(ii)(A) or (B); and the manner in which, and the extent to which, the beneficial ownership of any body corporate own- ing eligible land, or, if relevant, the beneficial ownership of the land owned by a body corpo- rate, must have changed for the purposes of sub- section (2)(b)(ii)(B); and (c) may provide for any other matters contemplated by this subpart, necessary for its administration, or necessary for giving it full effect.
(5) Despite subsection (2)(b), the pre-1990 forest land allocation plan must treat any Crown forest licence land transferred pur- suant to the Te Uri o Hau Claims Settlement Act 2002 as if it were eligible land covered by subsection (2)(b)(iii).
For the purposes of— this section,— (a) (i) (6) eligible land is to be treated as transferred on the settlement date, unless the pre-1990 forest land allocation plan specifies another date or event upon which any or all eligible land is to be treated as transferred; and (ii) Crown forest licence land means eligible land subject to a Crown forestry licence under section 14 of the Crown Forest Assets Act 1989; and 124 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 73 (b) subsection (2)(b)(ii),— (i) transfer means a transfer specified in the pre- 1990 forest land allocation plan, but does not in- clude transmission unless the allocation plan spe- cifies otherwise (for example, in relation to any land vested under an Act); and body corporate means a company whether in- corporated in New Zealand or elsewhere and any other body corporate specified in the pre-1990 forest land allocation plan.
(ii) Section 72: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
73 Minister to appoint person to hold certain New Zealand (1) (2) units The Minister must, before making a determination in respect of the eligible land specified in section 72(2)(b)(i)(A), by no- tice in the Gazette,— (a) appoint a person to— (i) apply for an allocation of New Zealand units in respect of the land; and hold on trust for the future owners of the land any New Zealand units allocated in respect of the land; and (ii) (b) notify— (i) (ii) the structure, composition, and functions of the person; and the terms and conditions upon which the person is to hold the New Zealand units.
If the Minister has not appointed a person in accordance with subsection (1) before issuing a notice under section 77(1) inviting persons to apply for an allocation of New Zealand units under the pre-1990 forest land allocation plan, then the Minister must, by notice in the Gazette, appoint a person to apply for an allocation of New Zealand units in respect of the land specified in section 72(2)(b)(i)(A) on behalf of the person to be appointed under subsection (1).
125 Part 4 s 74 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 73: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Allocation to owners of fishing quota The Minister must recommend to the Governor-General that an allocation plan be issued under section 70 in relation to fishing.
The fishing allocation plan must provide for— (a) an allocation of New Zealand units to persons who— (i) were shown on the quota register kept under Part 8 of the Fisheries Act 1996 as owners of fishing quota on 24 September 2009; and (ii) meet any tests or thresholds that are specified in the allocation plan; and (b) (c) a total of 700 000 New Zealand units to be available for allocation under the allocation plan; and an allocation of New Zealand units to each eligible per- son calculated in accordance with the following for- mula: P = A × (B + C)/(D + E) where— P A B C D is the eligible person’s allocation entitlement under the fishing allocation plan is 700 000 New Zealand units is the total quota weight equivalent (expressed in kilograms) of stocks, other than Foveaux Strait dredge oysters, owned by the eligible person on the close of 24 September 2009 is the total quota weight equivalent (expressed as a number of oysters) of Foveaux Strait dredge oyster stock owned by the eligible person on the close of 24 September 2009 divided by 9.8 is the sum of the total allowable commercial catch (expressed in kilograms) of stocks, other than Foveaux Strait dredge oysters (excluding any quota shown in the quota register kept under Part 8 of the Fisheries Act 1996 as being owned 74 (1) (2) 126 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 75 E by the Crown), on the close of 24 September 2009 is the sum of the total allowable commercial catch (expressed as a number of oysters) of the Foveaux
 Strait dredge oyster stock divided by 9.8 (excluding any quota shown in the quota register kept under Part 8 of the Fisheries Act 1996 as being owned by the Crown) on the close of 24 September 2009; and (d) (e) the data and information, or the kind of data and infor- mation, that each eligible person must supply, and the form in which the person must supply the data and in- formation, in order to— (i) receive an allocation of New Zealand units under the allocation plan; and enable the Minister to determine
 the person’s cor- rect allocation of New Zealand units under the al- location plan; and (ii) in relation to an eligible person who receives an alloca- tion of New Zealand units,— (i) the records, or the kinds of records, that the per- son must retain; and the form in which the person must retain the records; and the period for which the person must retain the records; and (ii) (iii) (3) (f) any other matters contemplated by this subpart, neces- sary for its administration, or necessary for giving it full effect.
For the purposes of this section, quota weight equivalent and total allowable commercial catch have the same meaning as in section 2(1) of the Fisheries Act 1996.

Section 74: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
75 (1) Consultation on pre-1990 forest land allocation plan Before making a recommendation under section 72, the Min- ister must consult, or be satisfied that the chief executive has 127 Part 4 s 76 Climate Change Response Act 2002 Reprinted as at 8 December 2009 consulted, representatives of persons that appear to the Min- ister or the chief executive likely to have an interest in the pre-1990 forest land allocation plan.
(2) A failure to comply with this section does not affect the val- idity of any pre-1990 forest land allocation plan issued under section 70.

(3) Any consultation undertaken before the commencement of this section in respect of the pre-1990 forest land allocation plan is to be treated as the consultation required for the purposes of this section.

Section 75: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Consultation on fishing allocation plan Before making a recommendation under section 74(1), the Minister must— (a) (b) prepare a draft fishing allocation plan; and consult, or be satisfied that the chief executive has con- sulted, persons (or their representatives) that appear to the Minister or the chief executive likely to have an in- terest in the fishing allocation plan.

The draft fishing allocation plan must provide for the matters set out in section 74(2).
The Minister must ensure that— (a) public notice is given of the draft fishing allocation plan; and the draft fishing allocation plan is made available in hard copy at the office of, and is accessible via the Inter- net site of the department of, the chief executive respon- sible for the administration of this Act and at such other places as the Minister considers appropriate.
(b) The notice of the draft fishing allocation plan given under sub- section (3) must specify— (a) how a hard copy of the draft fishing allocation plan may be obtained; and that any person may make a submission on the draft fishing allocation plan, how submissions may be made, and by what date submissions must be made (which (b) 76 (1) (2) (3) (4) 128 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 77 (5) must be no earlier than 20 working days after the date on which notice is given).
If any submission is made on the draft fishing allocation plan under subsection (4), the chief executive must, after the expiry of the time for making submissions, prepare for the Minister a report that contains recommendations in respect of the sub- missions.

Section 76: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
(2) Determinations made in accordance with allocation plan 77 (1) As soon as practicable after an allocation plan comes into force, the Minister must give public notice inviting any person who may be eligible for an allocation of New Zealand units under the allocation plan to apply for an allocation.
The notice under subsection (1) must specify— (a) (b) the form in which an application must be made; and the final date by which applications for an allocation of New Zealand units under the allocation plan must be received by the Minister (which must, in the case of a pre-1990 forest land allocation plan, be no earlier than 40 working days after the date on which the notice is given and, in the case of a fishing allocation plan, be no earlier than 20 working days after the date on which the notice is given); and the data and other information, or the kind of data and other information, that must accompany the application in order for the person’s application to be considered (which must be the data and other information specified in the allocation plan); and (d) how the data and other information are to be supplied.
To avoid doubt, data and information supplied under subsec- tion (2) are subject to the Official Information Act 1982.
(3) (c) (4) Despite anything in this subpart or in any allocation plan,— (a) a person is not entitled to receive an allocation of New Zealand units under an allocation plan unless the per- son applies to the Minister for an allocation under the 129 Part 4 s 77 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) allocation plan and supplies the required data and other information in the required format; and the Minister is not required to make a determination in respect of an application for an allocation if the appli- cation is received after the date specified in the notice under subsection (2)(b).
(5) The Minister must, in relation to each application received by the date specified in the notice given under subsection (1), make a preliminary determination in accordance with the al- location plan as to— (a) whether the person is eligible to receive an allocation of New Zealand units under the plan; and the total number of New Zealand units the person is en- titled to receive under the plan (which may be expressed by reference to a formula); and the year or years in which the New Zealand units will be transferred to the person.
(b) (c) (6) After making a preliminary determination, the Minister must notify the applicant of the following: (a) whether, in the Minister’s opinion, the person is an eli- gible person under the allocation plan, and— (i) if so, the total number of New Zealand units the Minister has determined the person is entitled to receive under the plan (which may be expressed by reference to a formula) and the year or years in which those units will be transferred; and if not, the reasons for that opinion; and (ii) that, if the applicant believes there are any errors or mis- calculations in the Minister’s preliminary determination of eligibility or entitlement, the person may provide fur- ther information to the Minister supporting a different determination; and the final date by which any further information must be received by the Minister (which must, in the case of a pre-1990 forest land allocation plan, be no earlier than 20 working days after the date on which the notice is given, and in the case of a fishing allocation plan, be no earlier than 10 working days after the date on which the notice is given).
(b) (c) 130 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 78 (7) the Minister must, Following the expiry of the date referred to in subsec- tion (6)(c), taking into account any information received by the due date in response to the no- tice, make a final determination of the matters specified in subsection (5).
(8) As soon as practicable after making a final determination (d) under subsection (7), the Minister must— (a) (b) (c) notify the applicant of the determination; and publish the determination in the Gazette; and ensure that the determination is accessible via the Inter- net site of the department of the chief executive respon- sible for the administration of this Act; and if New Zealand units are allocated to an applicant, direct the Registrar to transfer the allocated New Zealand units to the applicant’s holding account in the amounts and on the date or dates specified in the determination.
For the purposes of making a preliminary determination under subsection (5) or a final determination under subsection (7) in respect of a fishing allocation plan, the Minister may access, and rely on, the information set out in the quota register kept under Part 8 of the Fisheries Act 1996.
(9) (10) To avoid doubt, and without limiting the powers conferred under sections 94 to 106, the chief executive or any other per- son with powers under sections 94 to 106 may exercise those powers for the purposes of ascertaining whether a person who applies for an allocation of New Zealand units or is allocated New Zealand units under an allocation plan is complying with, or has complied with,— (a) (b) any requirement in this section or section 78 or 79; or any requirement in the relevant allocation plan (for ex- ample, a requirement to keep records).
Section 77: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Power to revoke and replace determinations 78 (1) Despite anything in section 77(7) or (8), the Minister may (but is not required to) reconsider, revoke, and replace a determin- ation made under section 77(7) with a new determination if— 131 Part 4 s 78 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) the allocation plan under which the determination was made is amended; or in the Minister’s opinion, the determination has re- sulted, or would otherwise result, in a person receiving an incorrect allocation because— (i) of an error in the application of the criteria spe- cified in the applicable allocation plan; or a person has provided altered, false, incomplete, or misleading information in response to a notice given under section 77(1) or (6) or 86E.
(ii) (2) Before revoking and replacing a determination that would af- fect the number of units allocated to a person, the Minister must— (a) make a preliminary determination of the matters speci- (b) fied in section 77(5); and give notice to the person of— (i) the ground specified in subsection (1) and any in- formation that led the Minister to reconsider the person’s allocation under the relevant allocation plan; and the Minister’s preliminary determination made under paragraph (a); and (ii) (3) (c) follow the procedure in section 77(6) to (8), which apply, with any necessary modifications, to the new determination.
The Minister may not revoke or replace a determination under this section after the expiry of 4 years from the date of notifi- cation of the Minister’s first determination under section 77(7) if the new determination would decrease the number of units allocated to a person.
(4) Despite subsection (3), if the Minister is satisfied that an appli- cation for an allocation under an allocation plan, or any other document submitted in respect of the application, was submit- ted with the intention to deceive, then the Minister may revoke and replace any determination that resulted from the applica- tion at any time so as to decrease the number of units allocated to the applicant (including decreasing that number to zero).
Subsections (6) and (7) apply if— (5) 132 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 78 (a) the Minister has made a determination under section 77 that Te Ohu Kai Moana Trustee Limited is entitled to receive New Zealand units under a fishing allocation plan; and (6) (7) (c) (b) New Zealand units have been transferred to Te Ohu Kai Moana Trustee Limited under the determination in re- spect of unallocated quota; and Te Ohu Kai Moana Trustee Limited has allocated and transferred unallocated quota together with New Zealand units associated with that quota to any iwi or mandated iwi organisation in accordance with section 138A(2) of the Maori Fisheries Act 2004; and the Minister reconsiders the determination.
(d) In reconsidering the determination of Te Ohu Kai Moana Trustee Limited’s entitlement, the Minister must treat an iwi or a mandated iwi organisation which has received unallo- cated quota from Te Ohu Kai Moana Trustee Limited as if it owned that quota on 24 September 2009.
If the Minister decides that the determination of Te Ohu Kai Moana Trustee Limited’s entitlement to New Zealand units should be revoked, the Minister must make a new determin- ation of— (a) Te Ohu Kai Moana Trustee Limited’s entitlement to be allocated New Zealand units under the fishing alloca- tion plan as if the unallocated quota that Te Ohu Kai Moana Trustee Limited owns on the date of the new de- termination were all the unallocated quota it owned on 24 September 2009; and the entitlement of an iwi or a mandated iwi organisation that has received unallocated quota to be allocated New Zealand units under the fishing allocation plan as if that iwi or mandated iwi organisation owned the unallocated quota it received on 24 September 2009.
(b) (8) In subsections (5) to (7) and section 79(4),— iwi has the same meaning as in section 5 of the Maori Fisheries Act 2004 mandated iwi organisation has the same meaning as in sec- tion 5 of the Maori Fisheries Act 2004 133 Part 4 s 79 Climate Change Response Act 2002 Reprinted as at 8 December 2009 unallocated quota means quota held by Te Ohu Kai Moana Trustee Limited on 24 September 2009 and that had not been allocated under section 130(1), 135, or 151 of the Maori Fish- eries Act 2004 at that date.
Section 78: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Effect of new determination If the Minister makes a new determination in accordance with section 78, then— (a) the new determination applies and replaces the earlier determination from the date the new determination is made; and the Minister— (i) may, if practicable, amend or revoke any direc- tion given under section 77(8)(d); or (b) (ii) must otherwise give any new direction necessary under section 77(8)(d) in order to give effect to the new determination.
Subject to subsection (3), a new determination does not change or otherwise affect any transfer of New Zealand units made to a person in accordance with a revoked determination before the date the new determination came into effect.
If New Zealand units have been transferred to a person under an earlier determination and the person would not be entitled under the new determination to those New Zealand units (in- cluding where the result of the new determination is that the person would not be entitled to any New Zealand units under the allocation plan), then— (a) the notice of the new determination given to the person under section 77(8) must specify— (i) (ii) the number of units required to be repaid; and the Crown holding account into which they must be transferred; and (b) the person must, within 60 working days after the date of the notice, repay those units by transferring the spe- cified number of units to a Crown holding account in 79 (1) (2) (3) 134 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 81 accordance with the notice, and sections 134 and 135 apply, with any necessary modifications, as if— (i) the units the person is required to repay were units transferred to the person in error; and the requirement to repay the units arose under section 125.
(ii) (4) This section applies to any new determination made in accord- ance with section 78(7) as if— (a) only the New Zealand units associated with the unallo- cated quota held by Te Ohu Kai Moana Trustee Limited at the date of the new determination had been trans- ferred to it under the earlier determination; and the New Zealand units associated with the unallocated quota transferred to an iwi or a mandated iwi organisa- tion by Te Ohu Kai Moana Trustee Limited had been transferred to the iwi or mandated iwi organisation under the earlier determination.
(b) Section 79: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Allocation of New Zealand units in relation to industry and agriculture Heading: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Criteria for allocation of New Zealand units to industry 80 (1) A person is eligible for an allocation of New Zealand units for an eligible industrial activity in respect of a year if the person carries out the activity at any time in a year.

Subsection (1) is subject to sections 86E and 161D(7).

Section 80: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
(2) 81 Entitlement to provisional allocation for eligible industrial activities Subject to section 82, an eligible person is entitled to a provi- sional allocation of New Zealand units for an eligible indus- 135 Part 4 s 81 Climate Change Response Act 2002 Reprinted as at 8 December 2009 trial activity in respect of a year calculated in accordance with the following formula: PA = LA × ∑(PDCT × AB) where— PA is the person’s provisional allocation entitlement for the eligible industrial activity for the year LA is the level of assistance for the eligible industrial activ- ity for the year, being,— (a) for a moderately emissions-intensive eligible in- dustrial activity,— (i) (ii) 0.6 in 2010, 2011, and 2012; and in each year after 2012, the level of as- sistance from the previous year less 1.3% (the phase-out rate for a moderately emis- sions-intensive eligible industrial activity) (expressed to 2 decimal places): (b) for a highly emissions-intensive eligible indus- trial activity,— (i) (ii) 0.9 in 2010, 2011, and 2012; and in each year after 2012, the level of as- sistance from the previous year less 1.3% (the phase-out rate for a highly emissions- intensive eligible industrial activity) (ex- pressed to 2 decimal places) is the symbol for summation (of each PDCT × AB cal- culation) ∑ PDCT is the amount of each prescribed product from the eli- gible industrial activity produced by the person in the year immediately preceding the year to which the pro- visional allocation relates, as determined, if relevant, in accordance with regulations made under this Act AB is the prescribed allocative baseline for the applicable product that is required to be used by the eligible person by regulations made under this Act.
Section 81: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
136 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 83 82 Entitlement to allocation for eligible industrial activities where provisional allocation not received (1) An eligible person who carries out an eligible industrial ac- tivity at any time in a year, but did not carry out that activity during the immediately preceding year (a new entrant) is not entitled to a provisional allocation calculated under section 81, but is entitled to an allocation under subsection (2).
(2) A new entrant or other eligible person who did not receive a provisional allocation of New Zealand units for an eligible industrial activity in respect of a year is entitled to an allocation of New Zealand units for the eligible industrial activity for the year calculated in accordance with the formula in section 83(2).

Section 82: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Annual allocation adjustment 83 (1) A person who has received a provisional allocation of New Zealand units for an eligible industrial activity in respect of a year must, subject to section 84, calculate the person’s annual allocation adjustment for the activity for the year by— (a) determining the person’s final allocation entitlement for the eligible industrial activity in respect of the year in accordance with the formula in subsection (2); and then determining the annual allocation adjustment in ac- cordance with the formula in subsection (3).
(b) (2) The formula for the calculation of a person’s final allocation entitlement is as follows: FA = LA × ∑(PDCT × AB) where— FA is the person’s final allocation entitlement for the eli- gible industrial activity for the year LA is the level of assistance for the activity for the year, being,— (a) for a moderately emissions-intensive eligible in- dustrial activity,— (i) 0.6 in 2010, 2011, and 2012; and 137 Part 4 s 83 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (ii) in each year after 2012, the level of as- sistance from the previous year less 1.3% (the phase-out rate for a moderately emis- sions-intensive eligible industrial activity) (expressed to 2 decimal places): (b) for a highly emissions-intensive eligible indus- trial activity,— (i) (ii) 0.9 in 2010, 2011, and 2012; and in each year after 2012, the level of as- sistance from the previous year less 1.3% (the phase-out rate for a highly emissions- intensive eligible industrial activity) (ex- pressed to 2 decimal places) is the symbol for summation (of each PDCT × AB cal- culation) ∑ PDCT is the amount of each prescribed product from the eligible industrial activity produced by the person in the year, as determined, if relevant, in accordance with regulations made under this Act AB is the prescribed allocative baseline for the applicable product that is required to be used by the eligible person by regulations made under this Act.
(3) The formula for the calculation of a person’s annual allocation adjustment is as follows: AA = PA – FA where— AA is the person’s annual allocation adjustment of units for the eligible industrial activity for the year PA is the person’s provisional allocation for the eligible in- dustrial activity notified by the chief executive under section 86B FA is the person’s final allocation entitlement for the eli- gible industrial activity for the year calculated under subsection (2).
(4) If the figure for AA calculated under the formula in subsection (3)— 138 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 83 (5) (6) (a) (b) is a negative number, then the person is entitled to be allocated the number of units in the annual allocation adjustment: is a positive number, then the person is liable to repay the number of units in the annual allocation adjustment.
If an eligible person is entitled to be allocated the number of units in an annual allocation adjustment and the person— (a) makes an application for a provisional allocation for the same eligible industrial activity in the year following the year to which the annual allocation adjustment re- lates, then the person must record the adjustment in the person’s application for a provisional allocation for the following year: does not make an application for a provisional alloca- tion for the same eligible industrial activity in the year following the year to which the annual allocation ad- justment relates, the person may make a separate appli- cation under section 86 for an allocation of the number of units in the annual allocation adjustment.
(b) If an eligible person is liable to repay the number of units in an annual allocation adjustment and the person— (a) makes an application for a provisional allocation for the same eligible industrial activity in the year following the year to which the annual allocation adjustment re- lates, then— (i) (ii) the person must record the adjustment for the year in the person’s application for a provisional allocation for the following year; and subject to section 86B, the chief executive must deduct the number of units in the adjustment from the provisional allocation for the following year, unless the number of units in the provisional allocation is less than the adjustment, in which case the person must, within 20 working days of being notified of the shortfall in the number of units by the chief executive, repay the shortfall by transferring the relevant number of units to a Crown holding account designated by the chief executive; or 139 Part 4 s 84 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) does not make an application for a provisional alloca- tion for the same eligible industrial activity in the year following the year to which the annual allocation ad- justment relates, then the person must— (i) by 30 April in the year following the year to which the annual allocation adjustment relates, notify the chief executive of the person’s annual allocation adjustment; and by 31 May in the year following the year to which the annual allocation adjustment relates, repay the number of units in the annual allocation ad- justment by transferring the units to a Crown holding account designated by the chief execu- tive.
(ii) (7) If a person is required to repay units under this section, then— the units repaid must be of a type that may be transferred (a) to a surrender account at the time the units are repaid; and sections 134 and 135 apply, with any necessary modifi- cations, as if— (i) (b) the units the person is required to repay were units transferred to the person in error; and the requirement to repay the units arose under section 125.
(ii) Section 83: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Closing allocation adjustment 84 (1) An eligible person who has received a provisional allocation for an eligible industrial activity in respect of a year and who ceases during the year to carry out that activity must, within 20 working days of ceasing to carry out the activity,— (a) calculate the person’s final allocation entitlement for the activity for the year in accordance with the formula in section 83(2); and using the formula in section 83(3), calculate the per- son’s closing allocation adjustment, and, for this pur- pose, section 83(3) applies, with any necessary modifi- (b) 140 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 84 (c) cations, as if the closing allocation adjustment were an annual allocation adjustment; and if the closing allocation adjustment is— (i) a negative number, apply to the chief executive under section 86 for an allocation of the number of units in the closing allocation adjustment: a positive number, notify the chief executive of the person’s closing allocation adjustment and re- pay the number of units in the closing allocation adjustment by transferring the units to a Crown holding account designated by the chief execu- tive.
(ii) (2) (3) For the purposes of subsection (1), a person who has received a provisional allocation for an eligible industrial activity in respect of a year and who temporarily does not carry out the activity— (a) is not immediately to be treated as having ceased to carry out the activity; but (b) must, if the person does not carry out the activity for a period of 3 months in the year, notify the chief executive as soon as practicable after the expiry of that 3-month period of that fact; and (c) must, if given notice by the chief executive (following receipt of the person’s notice under paragraph (b)) that the chief executive is satisfied that the person has ceased to carry out the activity for the year and that the person is required to comply with subsection (1), within 20 working days of the date of the chief executive’s notice, comply with subsection (1).
Subject to subsection (4), an eligible person who has complied with subsection (1) during the year in which the person ceased to carry out the eligible industrial activity— (a) is not required to comply with section 83 in respect of that activity; and (b) may not calculate an annual allocation adjustment under section 83 in respect of that year.
(4) A person who has applied for or notified a closing allocation adjustment in accordance with subsection (1) during a year, 141 Part 4 s 85 Climate Change Response Act 2002 Reprinted as at 8 December 2009 but who then recommences carrying out the activity in the year,— (a) may calculate an annual allocation adjustment for the year in accordance with the following formula: AA = PA – FA – CAA where— AA is the person’s annual allocation adjustment of units for the eligible industrial activity for the year PA is the person’s provisional allocation for the eli- gible industrial activity for the year notified by the chief executive under section 86B FA is the person’s final allocation entitlement for the eligible industrial activity for the year (which must be calculated in accordance with section 83(2)) (b) CAA is the amount of the person’s closing allocation adjustment for the eligible industrial activity; and is entitled to be allocated the number of units in the per- son’s annual allocation adjustment (as calculated under paragraph (a)) in accordance with section 83(5).
Section 83(7) applies to the repayment of units under this sec- tion as if the units were required to be repaid under section 83.

Section 84: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
(5) 85 Allocation of New Zealand units in relation to agriculture (1) A person is eligible for an allocation of New Zealand units for an eligible agricultural activity in respect of a year if the person carries out the activity at any time in the year.
(2) An eligible person is entitled to an allocation for the eligible agricultural activity in respect of the year calculated in accord- ance with the following formula: A = LA × ∑(PDCT × AB) where— A is the person’s allocation entitlement for the eligible agricultural activity for the year 142 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 85 LA is the level of assistance for the eligible agricultural ac- tivity for the year, being— (a) (b) 0.9 for 2015; and for each year after 2015, the level of assistance from the previous year less 1.3% (the phase- out rate for an eligible agricultural activity) (ex- pressed to 2 decimal places) ∑ is the symbol for summation (of each PDCT × AB cal- culation) PDCT is the total amount of each product from the eligible agricultural activity produced by the person in the year as determined, if relevant, in accordance with regula- tions made under this Act AB is the prescribed allocative baseline for the applicable product.
(3) Despite section 86(1)(c), a person who ceases to carry out an eligible agricultural activity in a year may, within 20 working days of ceasing to carry out the activity, apply under section 86 for an allocation for that year calculated in accordance with the formula in subsection (2).
(4) A person— (a) is not to be treated as having ceased to carry out an eli- gible agricultural activity for the purposes of subsection (3) and section 59, if the person does not continuously carry out the activity during a year; but (b) must, if the person does not carry out the eligible agri- cultural activity for a period of 3 months in a year, be treated as having ceased to carry out the activity in the year.
Subject to subsection (6), an eligible person who has applied for an allocation for a year (the closing year) in accordance with subsection (3) may not apply under section 86 for a fur- ther allocation in respect of the closing year.
(5) (6) An eligible person who has applied in accordance with sub- section (3) for an allocation in respect of a closing year, but who then recommences carrying out the activity in the closing year may apply under section 86 for an allocation in respect of the part of the year after the date the person recommenced 143 Part 4 s 86 Climate Change Response Act 2002 Reprinted as at 8 December 2009 carrying out the activity (and which was not covered by the application made in accordance with subsection (3)) and, for that purpose, subsection (2) applies as if the year were the part of the year from the date the person recommenced carrying out the activity.
Section 85: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
86 Applications for allocation of New Zealand units for industry and agriculture (1) An eligible person who wishes to be allocated New Zealand units for an eligible industrial activity or eligible agricultural activity under this subpart must, unless this subpart otherwise provides, apply to the chief executive for an allocation— (a) (b) (c) no later than 30 April in the year to which it relates, if the application is for a provisional allocation for an eligible industrial activity in respect of a year; and no later than 30 April in the year following the year to which it relates, if the application is for an allocation (other than a provisional allocation for an industrial ac- tivity) in respect of a year (including for an allocation of an annual allocation adjustment); and on or after 1 January and before 31 December in the year following the year to which it relates, if the application is for an allocation for an eligible agricultural activity in respect of a year.
(2) An application under subsection (1) must— be in the prescribed form; and contain, as relevant, the applicant’s assessment of,— (i) in the case of an eligible industrial activity, the person’s— (A) provisional allocation entitlement in re- spect of the year calculated in accordance with section 81: final allocation entitlement in respect of the previous year calculated in accordance with section 83(2): (B) (a) (b) 144 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 86A (C) (D) annual allocation adjustment relating to the previous year calculated in accordance with section 83(3) or 84(4): closing allocation adjustment the year calculated as required under section 84(1)(b): for (ii) in the case of an eligible agricultural activity, the person’s— (A) allocation entitlement in respect of the pre- vious year calculated in accordance with section 85(2); or if section 85(3) applies, allocation entitle- ment in respect of the year in which the person ceased to carry out the eligible agri- cultural activity; and (B) (c) (d) be accompanied by— (i) any other information that the chief executive may require; and the prescribed fee (if any); and (ii) contain the account number of the eligible person’s holding account, required by section 61.
Section 86: substituted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
86A Provisional allocation to industry in and after 2013 Despite section 86(1)(a), if an eligible industrial activity is pre- scribed under section 161A(1)(a) in the year 1 January 2013 to 31 December 2013 or in any subsequent year (the prescrib- ing year), an eligible person who carried out the activity in the year preceding the prescribing year may apply for a provi- sional allocation for the eligible industrial activity in respect of the prescribing year in the period— (a) commencing on the date the regulation prescribing the activity as an eligible industrial activity comes into force; and ending on the date 3 months after the date in paragraph (a).
(b) 145 Part 4 s 86B Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 86A: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
86B Decisions on applications for allocations of New Zealand units to industry and agriculture (1) On receipt of an application under section 86, the chief execu- tive must decide— (a) (b) whether the applicant is eligible to receive an allocation in respect of the application: if in the chief executive’s opinion the applicant is eli- gible for an allocation in respect of the application, the number of units the applicant is entitled to be allocated in respect of the application that, if the application re- lates to a provisional allocation for an eligible industrial activity, must— (i) (ii) include any units to which the person is entitled in respect of an annual allocation adjustment for the previous year; or be net of any units required to be deducted from the person’s provisional allocation entitlement in accordance with section 83(6)(a).
If the chief executive decides under subsection (1) that an ap- plicant is entitled to receive an allocation in respect of the ap- plication, then the chief executive must— (a) notify the applicant of— (i) the number of units the applicant has been al- located in respect of the application and, in the case of an eligible industrial activity, any adjust- ment to that allocation that the chief executive has made under subsection (1); and the person’s right under section 144 to seek a review of the allocation decision; and (ii) (b) direct the Registrar to transfer to the holding account notified in the person’s application the number of units notified under paragraph (a) (as adjusted, in the case of an eligible industrial activity, under subsection (1)).
If the chief executive decides under subsection (1) that an ap- plicant is not eligible to receive an allocation in respect of the (2) (3) 146 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 86B application, or that the allocation to which the person is en- titled in respect of the application is the same as or less than the number of units that the person is liable to repay in respect of an annual allocation adjustment recorded in the application in accordance with section 83(6)(a), then the chief executive must notify the applicant of— (a) (b) (c) the chief executive’s decision; and the reasons for the decision; and if the result of the decision is that the person is liable to repay more units than the number of units to which the person would have been entitled in respect of the application, the number of units in the shortfall; and the person’s right under section 144 to seek a review of the allocation decision.
(d) (4) (5) (6) If a person has failed to notify the chief executive of an annual allocation adjustment or a closing allocation adjustment when required by section 83(6)(b) or 84(1)(c)(ii), or if the chief ex- ecutive is satisfied that an annual allocation adjustment or clos- ing allocation adjustment notified by a person to the chief ex- ecutive under section 83(6)(b) or 84(1)(c)(ii) is incorrect, then the chief executive may make a decision as to the person’s an- nual allocation adjustment, or closing allocation adjustment or correct annual allocation adjustment or closing allocation ad- justment.
The chief executive must, as soon as practicable, after deciding an eligible person’s final allocation for an eligible activity in respect of a year,— (a) (b) publish the decision in the Gazette; and ensure it is accessible via the Internet site of the depart- ment of the chief executive responsible for the admin- istration of this Act.
For the purposes of subsection (5),— (a) the final allocation of a person who received a provi- sional allocation for an eligible industrial activity is the person’s provisional allocation for the activity in respect of the year adjusted by the annual allocation adjustment for the activity for the year (or closing allocation adjust- ment, as the case may be); and 147 Part 4 s 86C Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) the chief executive is not required to publish the final al- location of an eligible person for an eligible activity in respect of a year, or ensure it is accessible via the Inter- net, if the chief executive considers that publishing that information would be likely to prejudice unreasonably the commercial position of the eligible person who re- ceived the allocation.
Section 86B: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
86C Reconsideration of allocation decisions (1) Without limiting section 144, the chief executive may recon- sider, vary, or revoke any decision made under section 86B if in the chief executive’s opinion the decision has resulted, or would otherwise result, in a person receiving an incorrect al- location because— (a) (b) of an error in the calculation of the person’s entitlement to an allocation or liability to repay units under this sub- part; or the person has provided altered, false, incomplete, or misleading information in or with an application.
The chief executive may not make a decision in relation to an annual allocation adjustment or a closing allocation adjust- ment under section 86B(4) or vary or revoke a decision under subsection (1) after the expiration of 4 years from the end of the year or other period to which the decision relates if the decision, or variation or revocation of the decision, would de- crease the number of units allocated to a person.
(2) (3) However, if the chief executive is satisfied that a notice under section 83(6)(b) or 84(1)(c)(ii) or application for an allocation, or any other document submitted under section 86, 86E, or 144, was submitted with intent to deceive, the chief executive may make a decision in relation to an annual allocation adjust- ment or a closing allocation adjustment under section 86B(4) or vary or revoke a decision under subsection (1) at any time so as to decrease the number of units allocated to the person to whom the notice or application related (including decreasing that number to zero).
148 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 86C (4) (5) (6) If the chief executive makes a decision in relation to an annual allocation adjustment or a closing allocation adjustment under section 86B(4) or varies or revokes a decision under subsec- tion (1), the chief executive must, as soon as practicable after doing so, notify the person who gave, or should have given, the notice under section 83(6)(b) or 84(1)(c)(ii) or the appli- cant, as the case may be, of— (a) the particulars of the decision, or variation or revocation of the decision; and any grounds or information upon which the decision or variation or revocation of the decision was based; and the person’s right under section 144 to seek a review of the allocation decision.
(b) (c) If the result of a decision in relation to an annual allocation adjustment or a closing allocation adjustment under section 86B(4), variation or revocation of an allocation decision under subsection (1), or review under section 144 is that a person al- located units is found to have been allocated and transferred— units to which the person was not entitled, or to have (a) repaid too few units, the person must within 90 work- ing days after the date of the notice under subsection (4) repay the number of units notified to the person by transferring the units to a Crown holding account des- ignated by the chief executive; or fewer units than the person was entitled to, or to have repaid too many units, the chief executive must, as soon as practicable after the date of the notice under subsec- tion (4), direct the Registrar to transfer to the holding account notified in the person’s application (or any other holding account notified by the person) the number of New Zealand units recorded in the notice.
(b) Section 83(7) applies to repayment of units under subsection (5) as if it were repayment under section 83.

Section 86C: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
149 Part 4 s 86D Climate Change Response Act 2002 Reprinted as at 8 December 2009 86D Retention of records and materials in relation to allocation (1) A person who has been allocated New Zealand units for an eligible activity must keep sufficient records to enable the chief executive to verify, for any year in respect of which the person received an allocation,— (a) (b) that the person was an eligible person; and the person’s calculations of the person’s entitlement to be allocated New Zealand units or liability to repay units under the relevant subsections in sections 81 to 85; and the total amount of each product produced by the per- son from the eligible activity in the year, as determined, if relevant, in accordance with regulations made under this Act; and any other prescribed information.
(c) (2) (d) The records specified in subsection (1)— (a) must include— (i) (ii) a copy of any application made to the chief executive under section 86 or notice given to the chief executive under section 83(6)(b) or 84(1)(c)(ii); and any information used to prepare the application or notice; and (b) must be retained for a period of at least 7 years after the end of the year to which the application or notice relates.
Section 86D: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
86E Minister or chief executive may require further information for purpose of carrying out functions under subpart For the purposes of making a determination under section 77 or 78 or a decision under section 86B, the Minister or chief executive, as appropriate, may give to any of the following persons a notice requiring the person to supply information or further information to the Minister or chief executive: (a) a person who has made an application for an allocation of New Zealand units or notified an annual allocation adjustment or closing allocation adjustment: (1) 150 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 86E (b) (c) a person who has failed to notify an annual allocation adjustment or closing allocation adjustment as required by section 83(6)(b) or 84(1)(c)(ii): a person who may be affected by a reconsideration of a determination or decision.
(2) A notice under subsection (1) must be given before the deter- mination or decision is made.

(3) A notice under subsection (1) may require the information to be provided that is necessary to determine whether a person is or was— (a) (b) eligible for an allocation of New Zealand units; or entitled to the allocation that the person has applied for or received (in relation to an annual allocation adjust- ment or a closing allocation adjustment).
(4) The Minister or chief executive may, as appropriate, for the purpose of verifying whether a determination made under sec- tion 77 or 78 or a decision made under section 86B was correct or whether it should be reconsidered, give a notice to a person who has been allocated New Zealand units under one of those sections, requiring the person to supply to the Minister or chief executive any records, data, or other information that the per- son is required to keep in relation to the allocation.
(5) A person who has received a notice under this section must supply the information requested within the period specified in the notice.
(6) A person who fails to comply with a notice under this section within the period specified in the notice, or any further period agreed with the Minister or chief executive as appropriate, and who— (a) has applied for an allocation under an allocation plan or under section 86 is not entitled to receive an allocation under that plan or in respect of that application; or has been allocated but not yet received some or all units allocated to the person under an allocation plan is not entitled to be transferred any units or any further units allocated to the person under the plan.
(b) Section 86E: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
151 Part 4 s 86F Climate Change Response Act 2002 Reprinted as at 8 December 2009 86F Balance of units at end of true-up period or other balance (b) date By the end of the true-up period, the Minister must ensure that the Crown holds, in any Crown holding account in the Regis- try, or in any retirement or surrender account, a number of Ky- oto units equal to the number of New Zealand units issued into a Crown holding account during the first commitment period, but not including New Zealand units that are, during the first commitment period,— (a) transferred to a conversion account in accordance with section 30E; or allocated to pre-1990 forest land owners under the pre- 1990 forest land allocation plan that will be transferred after 31 December 2012 and that have not been trans- ferred to a cancellation account; or transferred to a cancellation account.
(c) Subsection (3) applies if New Zealand has received, or if the Minister expects New Zealand to receive, units under— (a) the Protocol during a subsequent commitment period; or a successor international agreement.
(b) If this subsection applies the Governor-General may, by Order in Council made on the recommendation of the Minister, spe- cify a date by which the Crown must hold, in any Crown hold- ing account in the Registry, or in any retirement or surren- der account, a number of Kyoto units or approved overseas units received under any international agreement as calculated under subsection (4).
The number of Kyoto or approved overseas units held in ac- cordance with subsection (3) must be equal to the number of New Zealand units issued into a Crown holding account up to the date specified in the Order in Council but not including New Zealand units that up to the date specified in the order are— (a) transferred to a conversion account in accordance with section 30E; or allocated to pre-1990 forest land owners under the pre- 1990 forest land allocation plan that will be transferred (b) (1) (2) (3) (4) 152 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 87 (5) (6) 87 (1) after 31 December 2012 and that have not been trans- ferred to a cancellation account; or transferred to a cancellation account.
(c) If an Order in Council is made under subsection (3), the Min- ister must ensure that the Crown holds the required number of units by the date specified in the order.
For the purposes of subsection (1), true-up period means the 100 days, beginning on a date determined by the Conference of the Parties (serving as the Meeting of the Parties to the Proto- col), that provide the Parties with an additional period for ful- filment of their obligation under Article 3.1 of the Protocol through the acquisition and transfer of Kyoto units.
Section 86F: inserted, on 8 December 2009, by section 32 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Subpart 3—Chief executive Subpart 3: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

General administrative provisions Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Functions of chief executive The functions of the chief executive are to— (a) keep a register under section 56 of persons who carry out activities and a register of persons who register under section 57 as participants; and receive and collate the data and other information pro- vided by participants under this Part and Part 5; and administer allocations relating to industry and agricul- ture in accordance with sections 80 to 86E; and approve the use of unique emissions factors by partici- pants in accordance with section 91; and direct the Registrar to transfer New Zealand units to which participants are entitled for removal activities to participants’ holding accounts; and ensure participants comply with this Part and Part 5 and to take any action that may be appropriate to enforce (b) (ba) (c) (d) (e) 153 Part 4 s 88 Climate Change Response Act 2002 Reprinted as at 8 December 2009 those provisions and the provisions of any regulations made under this Part; and publish information in accordance with section 89; and issue emissions rulings to help persons meet their obli- gations under this Part and Part 5.
(f) (g) (2) The chief executive must comply with any direction that the Minister gives under section 88(1).

Section 87: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 87(1)(ba): inserted, on 8 December 2009, by section 33(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 87(1)(d): substituted, on 8 December 2009, by section 33(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

88 (1) (2) Directions to chief executive The Minister may give general directions to the chief execu- tive in relation to the chief executive’s exercise of powers and performance of functions under this Part, Part 5, or any regu- lations made under this Part or Part 5.
Subsection (1) does not authorise the Minister to give direc- tions about the exercise of powers and performance of func- tions in relation to a particular person.

(3) As soon as practicable after giving a direction under subsec- tion (1), the Minister must— publish a copy of the direction in the Gazette; and (a) (b) make a copy of the direction accessible via the Internet site of the department of the chief executive; and present a copy of the direction to the House of Repre- sentatives.
(c) Section 88: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Chief executive to publish certain information The chief executive must publish the following information in accordance with subsection (2): (a) in respect of each activity listed in Schedule 3, the total number of participants— (i) registered under section 56; and 89 (1) 154 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 89 (b) (c) (d) (e) (f) (g) (h) (i) removed from the register under section 59; and (ii) in respect of each activity listed in Schedule 4, the total number of participants— (i) (ii) registered under section 57; and removed from the register under sections 58(4) and 59; and the total number and type of activities reported in emis- sions returns; and the total quantity of emissions and removals reported in emissions returns; and subject to subsections (3) and (4), the total quantity of emissions by activity and the total quantity of removals by activity reported in emissions returns; and the number of participants who failed to comply with their obligation to— (i) submit an emissions return under section 65(1), 118(2), 189(4), 191, or 193; or surrender or repay units under section 65(4), 118(5), 123(3) or (6), 125, 189, 191, or 193; and (ii) the total number of units surrendered; and the total number of New Zealand units transferred for removal activities; and the total number of New Zealand units allocated under subpart 2 less any units repaid.
(2) The chief executive— (a) must publish the information specified in subsection (1) (3) by 30 June in each year; and (b) may publish the information specified in subsection (1), in whole or in part, at any other time and in whatever manner and format that the chief executive considers appropriate.
The chief executive is not required to publish the information required under subsection (1)(e) in respect of an activity or the information required under subsection (1)(i) if the chief executive is satisfied that publishing the information would result in the disclosure of a participant’s individual emissions or an eligible person’s own allocation, unless— 155 Part 4 s 90 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) the participant or eligible person to whom the informa- tion relates has consented to the publication of the in- formation; or the information is already in the public domain.
(b) The chief executive is only required to publish the total quan- tity of emissions and the total quantity of removals in aggre- gate for the activities in Part 1 of Schedule 4.

Section 89: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 89(1)(e): amended, on 8 December 2009, by section 34(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 89(1)(i): substituted, on 8 December 2009, by section 34(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(3): amended, on 8 December 2009, by section 34(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(3): amended, on 8 December 2009, by section 34(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 89(3)(a): amended, on 8 December 2009, by section 34(5) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 89(4): added, on 8 December 2009, by section 34(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Chief executive may prescribe form of certain documents The chief executive may, for the purposes of this Part and Part 5, prescribe— (a) the form and electronic format of any forms, applica- tions, returns, information accompanying any applica- tions or returns, or other documents that are not other- wise prescribed in regulations made under this Act; and different forms or formats for different classes of par- ticipants or different activities; and the manner in which any application, return, informa- tion, or other document must be submitted or notified under this Part or Part 5 if this is not otherwise pre- scribed in regulations.
(b) (c) (4) 90 (1) 156 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 91 (2) (3) (4) 91 (1) The chief executive must publish any form or format pre- scribed under subsection (1) via the Internet site of the depart- ment of the chief executive.
The production by the chief executive of any document pur- porting to be a prescribed form or an extract from a prescribed form or a copy of a form or extract is, in all courts and in all proceedings, unless the contrary is proved, sufficient evidence that the form or electronic format was prescribed.
To avoid doubt, if the chief executive prescribes an electronic form or format under subsection (1), the chief executive may require any signature on that form or that relates to that format to be an electronic signature.

Section 90: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Approval of unique emissions factors The chief executive may approve the use by a participant of a unique emissions factor when calculating emissions or re- movals from an activity under section 62(b) if— (a) regulations made under section 164 provide a mechan- ism for participants to apply for approval to use a unique emissions factor for the activity; and the chief executive is satisfied that the unique emissions factor that the participant has applied to use meets any requirements prescribed in regulations made under sec- tion 164.
(b) (2) An approval under subsection (1)— (a) may be subject to the conditions that the chief executive (b) considers appropriate; and ceases to have effect on the earliest of the following dates: (i) the date of a material change in any of the infor- mation or factors on which the approval is based; or the date of a material change to this Act or to any regulations to which the approval relates; or the date on which any of the conditions to which the approval is subject cease to be met or com- plied with.
(ii) (iii) 157 Part 4 s 92 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (3) 92 (1) If the chief executive approves the use of a unique emissions factor under subsection (1), the chief executive must— notify the applicant of the approval; and (a) publish in the Gazette— (b) (i) (ii) (iii) the name of the participant; and a description of the activity; and the details of the unique emissions factor the chief executive has approved the participant to use when calculating emissions or removals for the activity.
Section 91: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Recognition of verifiers The chief executive may, in accordance with any regulations made under section 163, recognise a person or organisation with the prescribed expertise, technical competence, or quali- fications as a person or organisation that may undertake veri- fication functions for the purposes of section 62(a) and (c) or regulations made under section 164 relating to the process for approval of a unique emissions factor.
(2) A person or organisation may be recognised by the chief ex- ecutive as able to verify information or unique emissions fac- tors in respect of— (a) 1 or more types of data or information or calculations of types of emissions or removals: 1 or more activities in Schedule 3 or 4.

(b) The chief executive may suspend or revoke any recognition given under this section in accordance with regulations made under section 163.
Section 92: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Verification and inquiry Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(3) 158 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 94 93 (1) Appointment of enforcement officers The chief executive may appoint 1 or more persons as en- forcement officers to exercise all or any of the powers and perform the functions conferred on enforcement officers under this Part.

(2) A person appointed under subsection (1) must be employed by (3) the chief executive under the State Sector Act 1988.
The chief executive must supply an enforcement officer with a warrant of authorisation that clearly states the powers and functions of the enforcement officer.

(4) An enforcement officer who exercises, or purports to exercise, a power conferred on the enforcement officer under this Act must carry and produce, if required to do so,— (a) (b) his or her warrant of authorisation; and evidence of his or her identity.
(6) (5) An enforcement officer must, on the termination of the en- forcement officer’s appointment, surrender his or her warrant to the chief executive.

To avoid doubt, if the chief executive delegates the appoint- ment power specified in subsection (1) to another chief execu- tive under section 41 of the State Sector Act 1988, subsection (2) applies as if the reference to the chief executive were a ref- erence to the chief executive to whom the power specified in subsection (1) is delegated.
Section 93: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
94 (1) Power to require information The chief executive or an enforcement officer may, by notice, require a person to provide any information that is reasonably necessary for the purposes of— (a) ascertaining whether a person is complying, or has com- plied, with this Part and Part 5; or ascertaining whether the chief executive should exer- cise any powers under this Part or Part 5.
(b) (2) The information required to be provided under subsection (1) must,— 159 Part 4 s 95 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) if required by the chief executive or an enforcement offi- cer, be accompanied by a statutory declaration attesting to the truthfulness of the information provided; and be provided— (i) in the form specified by the chief executive or enforcement officer; and (ii) within any reasonable time specified in the notice requiring the information; and free of charge.
(iii) Section 94: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Power to inquire For the purpose of obtaining information for a purpose speci- fied in section 94(1), or any other information required for the purposes of the administration or enforcement of this Part or Part 5, the chief executive may require a person to— (a) appear before the chief executive or an enforcement of- ficer at a time and place that is specified in the notice to give evidence; and produce any document or class of documents in the per- son’s possession or under the person’s control that is specified in the notice.
(b) The chief executive or enforcement officer may require the evidence to be given on oath and either orally or in writing, and for that purpose the chief executive or enforcement officer may administer an oath.

Section 95: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Inquiry before District Court Judge For the purpose of obtaining information for a purpose speci- fied in section 94(1), or any other information required for the purposes of the administration or enforcement of this Part or Part 5, the chief executive, if the chief executive considers it necessary, may apply in writing to a District Court Judge to hold an inquiry under this section.
For the purposes of an inquiry under this section,— (a) the District Court Judge— 95 (1) (2) 96 (1) (2) 160 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 97 (i) (ii) may, with respect to any matter that is relevant to the subject matter of the inquiry, summon and examine on oath all persons whom the chief ex- ecutive or any other interested person requires to be called and examined; and has the same jurisdiction and authority regarding the summoning and examination of a person as the Judge would have in respect of a witness in a civil action within the Judge’s ordinary jurisdic- tion; and (b) the person summoned and examined has all the rights and is subject to all the liabilities that the person would have and be subject to if the person were a witness in a civil action within the Judge’s ordinary jurisdiction.
(3) (4) (5) The chief executive and any person materially affected by the subject matter of the inquiry may be represented by a barrister or solicitor, who may examine, cross-examine, and re-exam- ine, in accordance with ordinary practice, any person sum- moned under subsection (2).

Every examination under this section must take place in cham- bers.
The statement of every person examined— (a) must be— (i) recorded in writing and signed by the person in the presence of the District Court Judge; and delivered to the chief executive; and (ii) does not form part of the records of the court.

(b) Section 96: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
97 No criminal proceedings for statements under section 95 or 96 (1) No person summoned or examined under section 95 or 96 is excused from answering a question on the ground that the an- swer may incriminate the person or render the person liable to any penalty or forfeiture.

The testimony of a person examined is not admissible as evi- dence in criminal proceedings against the person, except on a charge of perjury in relation to the testimony.
(2) 161 Part 4 s 98 Climate Change Response Act 2002 Reprinted as at 8 December 2009 98 99 (1) Section 97: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Expenses in relation to inquiries by chief executive or District Court Judge The chief executive may pay, or a District Court Judge may order the chief executive to pay, to any person who has ap- peared before the chief executive or an enforcement officer under section 95 or the District Court Judge under section 96, out of money appropriated by Parliament for the purpose, the sum that in the chief executive’s or Judge’s opinion, as the case may be, is reasonable in respect of that person’s travelling and other expenses.
Section 98: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Obligation to maintain confidentiality This section applies— (a) to the chief executive, any enforcement officer, and any other person who performs functions or exercises powers of the chief executive or an enforcement officer under this Part and Part 5; and at the time during which, and any time after which, those functions are performed or those powers are ex- ercised.
(b) (2) A person to whom this section applies— (a) must keep confidential all information that comes into the person’s knowledge when performing any function or exercising any power under this Part and Part 5; and (b) may not disclose any information specified in paragraph (a), except— (i) with the consent of the person to whom the in- formation relates or of the person to whom the information is confidential; or to the extent that the information is already in the public domain; or for the purposes of, or in connection with, the exercise of powers conferred by this Part; or as provided under this Act or any other Act; or (ii) (iii) (iv) 162 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 100 (v) (vi) in connection with any investigation or inquiry (whether or not preliminary to any proceedings) in respect of, or any proceedings for, an offence against this Act or any other Act; or for the purpose of complying with any obligation under the Protocol.
(3) A person to whom this section applies commits an offence under section 130 if the person knowingly contravenes this section.
(4) Nothing in subsection (2) may be treated as prohibiting the chief executive from— (a) providing or publishing general guidance in relation to the operation of this Part and Part 5; or (c) (b) with the prior approval of the Minister, preparing and supplying statistical information to any person in a form that does not identify any individual; or providing information to any person about whether any forest land is considered by the chief executive to be pre-1990 forest land or post-1989 forest land, or has been declared to be exempt land by the chief executive.
Section 99: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

100 Power of entry for investigation (1) An enforcement officer may enter land or premises (excluding any dwellinghouse or marae) at any reasonable time during the ordinary hours of business to investigate whether a person is complying with this Part or Part 5.
(2) During an investigation, an enforcement officer may— (a) (b) (c) (d) require the production of, inspect, and copy any docu- ments: take samples of water, air, soil, organic matter, or any other thing: carry out surveys, investigations, tests, inspections, or measurements (including those that involve leaving measuring equipment on the land or premises): demand from the occupier any other information that the enforcement officer may reasonably require for the 163 Part 4 s 101 Climate Change Response Act 2002 Reprinted as at 8 December 2009 purpose of determining whether a person is complying with this Part and Part 5.
(3) An enforcement officer who exercises the power of investiga- tion under this section must give the occupier or owner rea- sonable notice of the enforcement officer’s intention to enter the land or premises, unless doing so would defeat the purpose of the entry.

(4) A notice given under subsection (3) must specify— when entry is to be made; and the purpose for which the entry is required; and that the entry is authorised under this section.
(a) (b) (c) (5) An enforcement officer who exercises the power of investiga- tion under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer with the investigation.

(6) A person who provides assistance under subsection (5) may exercise the powers provided to enforcement officers under subsection (2)(a) to (c).

(7) Nothing in this section limits the privilege against self-incrim- ination.
Section 100: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 100(1): amended, on 8 December 2009, by section 35 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
101 Applications for warrants (1) A District Court Judge, Justice of the Peace, Community Magistrate, or Registrar of any court who, on written applica- tion made on oath by an enforcement officer authorised by the chief executive, is satisfied that there are reasonable grounds to believe that there are in or on or under or over any land, premises, dwellinghouse, or marae any documents or other records or things (including samples) that may be evidence of the commission of an offence under section 129, 132, or 133 may issue a warrant authorising the entry and search of the land, premises, dwellinghouse, or marae.
Every search warrant may authorise the enforcement officer executing the warrant to do any of the following things: (2) 164 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 102 (a) (b) (c) (d) (e) (f) enter and search the land, premises, dwellinghouse, or marae, at any time that is reasonable in the circum- stances during the ordinary hours of business, within— 14 working days after the date of the warrant; or (i) if the Judge or other person issuing the warrant (ii) is satisfied that special circumstances justify a longer period, any period of up to 28 working days that is specified in the warrant: seize any document or other thing that the enforcement officer has reasonable cause to suspect may be evidence of the commission of an offence under section 129, 132, or 133: take samples of water, air, soil, organic matter, or any other thing: use the assistance of any person that is reasonably ne- cessary in the circumstances: use any force to enter (whether by breaking doors or otherwise) that is reasonable in the circumstances: carry out surveys, investigations, tests, inspections, or measurements (including those that involve leaving measuring equipment on the land or premises).
(3) An enforcement officer may not enter a dwellinghouse or marae unless that enforcement officer is accompanied by a constable.

(4) A person who provides assistance under subsection (2)(d) may exercise the powers provided to enforcement officers under subsection (2)(a), (b), (c), and (f).

Section 101: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 101(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
102 Proof of authority must be produced If powers are exercised under section 100 or 101, an enforce- ment officer must, on initial entry, and if asked by the occupier at any time afterward, produce for inspection— (a) the enforcement officer’s warrant of authorisation and evidence of his or her identity; and 165 Part 4 s 103 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) any notice given under section 100(3) or a search war- rant issued under section 101, as the case may be.
Section 102: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
103 Notice of entry (1) (d) If, when powers are exercised under section 100 or 101, the oc- cupier is not present, the enforcement officer must, in a promi- nent place, attach a written notice that states— (a) (b) (c) the date and time of the entry or search; and the purpose of the entry or search; and the name and phone number of the enforcement officer; and the right, under the Official Information Act 1982, to access documentation relating to the application for a search warrant and the exercise of the search power; and an address at which inquiries may be made.
(e) If the enforcement officer removes, or has removed, any docu- ment or other thing from any land, premises, dwellinghouse, or marae, the enforcement officer must hand to the occupier, or attach in a prominent place, a notice that— lists all of the items taken; and (a) states— (b) (i) (ii) where those items are being held; and if they are being held in 2 or more places, which items are being held at which place; and (c) provides information about— (i) the procedures to be followed to initiate a claim that privileged or confidential material has been seized; and access to and the disposition of seized items.
(ii) Section 103: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Information obtained under section 100 or 101 only admissible in proceedings for alleged breach of obligations imposed under this Part and Part 5 No document or other information obtained from a person under section 100 or 101 is admissible against that person in (2) 104 166 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 107 any criminal or civil proceedings, other than proceedings for an alleged breach of an obligation imposed under this Part or Part 5.
Section 104: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
105 Return of items seized Section 199 of the Summary Proceedings Act 1957 applies, with the necessary modifications, to any property seized or taken by an enforcement officer as if— (a) references in that section to a constable were references to an enforcement officer; and the reference in that section to section 198 of that Act were a reference to section 100 or 101 of this Act.
Section 105: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(b) 106 Protection of persons acting under authority of this Part No enforcement officer or person called upon to assist an en- forcement officer who does an act, or omits to do an act, when performing a function or exercising a power conferred on that person by this Part is under any civil or criminal liability in respect of the act or omission, unless the person has acted, or omitted to act, in bad faith or without reasonable cause.
Section 106: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Emissions rulings Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
107 Applications for emissions rulings (1) A person may apply to the chief executive for an emissions ruling in respect of 1 or more of the following matters: (a) whether something that the person— (i) (ii) is doing is an activity listed in Schedule 3 or 4; or proposes to do would be an activity listed in Schedule 3 or 4: 167 Part 4 s 108 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (c) (b) whether the person is a participant in respect of an ac- tivity listed in Schedule 3 or is eligible to register as a participant in respect of an activity listed in Schedule 4: the correct application of any provision contained in regulations made under section 163(1)(a) to (c) in re- spect of a particular matter specified in the person’s ap- plication: any other matters prescribed in regulations made under section 168(1)(b).
(d) (2) (3) (d) Every application under subsection (1) must— (a) (b) (c) be in the prescribed form; and state the name and address of the applicant; and specify the matter on which the applicant seeks a ruling; and specify the applicant’s opinion as to what the ruling should be; and contain, or have attached, all information that is relevant to a proper consideration of the application; and be accompanied by the prescribed fee (if any).
(f) The chief executive may request any further information from an applicant that the chief executive considers necessary to assist in the consideration of the application.

Section 107: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(e) 108 Matters in relation to which chief executive may decline to make emissions rulings The chief executive may not make an emissions ruling–– (a) with respect to a provision that authorises or requires the chief executive to— (i) (ii) impose or remit a penalty; or inquire into the correctness of any return or other information supplied by any person; or prosecute any person; or (iii) (iv) recover any debt owing by any person; or if the information submitted with the application for the ruling, including (but not limited to) information sub- mitted under section 107(3), raises questions of fact that (b) (1) 168 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 109 the chief executive would need to determine in order to make the ruling.
(2) The chief executive may decline to make an emissions ruling if— (a) the chief executive considers that the correctness of the ruling would depend on which assumptions were made about a future event or other matter; or the matter on which the ruling is sought is subject to a review or appeal, or is the subject of proceedings, whether in relation to the applicant or any other person; or the applicant has outstanding unpaid fees relating to an earlier emissions ruling application; or the chief executive considers the application is frivolous or vexatious; or the matter on which the ruling is sought concerns an obligation to surrender units that are already due and payable, unless the application is received before the obligation arises; or an assessment or amendment relating to the same per- son, activity, and period to which the proposed ruling would apply has been made (unless the application is received by the chief executive before the date an as- sessment or amendment is made); or in the chief executive’s opinion— (i) (b) (c) (d) (e) (f) (g) the chief executive has insufficient information to make the ruling; or it would be unreasonable to make a ruling in view of the resources available to the chief executive.
Section 108: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(ii) Section 108(1): substituted, on 8 December 2009, by section 36 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
109 Making of emissions rulings (1) The chief executive must make an emissions ruling regarding the matter in respect of which a ruling is sought under section 107 as soon as practicable after the receipt of— (a) a properly completed application for a ruling; and 169 Part 4 s 110 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) all information that the chief executive considers rele- vant to the consideration of the application, including information requested under section 107(3).
(2) Subject to section 114(2), a ruling comes into effect on the day on which it is made.

(3) A ruling may be made subject to any conditions that the chief (4) executive thinks fit.

Subsection (1) is subject to section 108.

Section 109: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
110 Notice of emissions rulings The chief executive must, as soon as practicable, notify the applicant of— (a) an emissions ruling, together with the reasons for the ruling, and the conditions (if any) to which the ruling is subject; or a decision to decline to make an emissions ruling, to- gether with the reasons for the decision.

(b) Section 110: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
111 Confirmation of basis of emissions rulings At any time after an emissions ruling is made, the chief execu- tive may, by notice, require an applicant to satisfy the chief executive, within 20 working days after receipt of the notice, and in a manner that the chief executive considers appropriate, that— (a) the information on which the emissions ruling is based remains accurate; and the conditions (if any) to which the ruling is subject, have been, and continue to be, complied with.
Section 111: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(b) 170 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 113 112 Notifying chief executive of changes relevant to or failure to comply with emissions rulings (1) A person must, as soon as practicable, notify the chief execu- tive of any material change that is relevant to the application if the person— (a) has made an application for an emissions ruling under section 107; and becomes aware of a material change relating to the ap- plication before the emissions ruling is made by the chief executive.
(b) (2) A person who has obtained an emissions ruling under section 109 must, as soon as practicable, notify the chief executive of— (a) (b) any material change that is relevant to the ruling: any failure to comply with any of the conditions of the ruling.

(3) The notification that a person provides under subsection (1) or (2) must state the date on which the person became aware of the material change or the failure to comply.
Section 112: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

113 Correction of emissions rulings (1) The chief executive may amend an emissions ruling to correct any error that the chief executive is satisfied is contained in the ruling.

The chief executive must, as soon as practicable after making a correction, notify the applicant of the corrected ruling.
The correction to a ruling applies to the applicant from the date on which notice of the corrected ruling is given to the applicant.
(2) (3) (4) Despite subsection (3), if the corrected ruling has the effect of— (a) increasing the number of units that a person is required to surrender, or decreasing the number of New Zealand units that a person is entitled to receive, in respect of a year, then the ruling as given prior to correction under this section must be applied to that year; or 171 Part 4 s 114 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) decreasing the number of units that a person is required to surrender, or increasing the number of New Zealand units that a person is entitled to receive, in respect of a year, then the corrected ruling must be applied to that year.
Section 113: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
114 Cessation of emissions rulings (1) An emissions ruling ceases to have effect on the earliest of the following dates: (a) the date of a material change in any of the information or facts on which the ruling is based; or the date of a material change to this Act or to any regu- lations relevant to the ruling; or the date on which any of the conditions to which the ruling is subject cease to be met or complied with; or the date of a failure to satisfy the requirements of the chief executive under section 111.
(b) (c) (d) (2) An emissions ruling does not come into effect if any informa- tion on which it is based is not accurate in all material respects.

Section 114: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
115 Appeal from decisions of chief executive (1) An applicant who is dissatisfied with an emissions ruling, or a decision to decline to make an emissions ruling, may, within 20 working days after the date on which notice of the ruling or decision is given, appeal to a District Court against the ruling or decision.

The District Court may confirm, reverse, or modify the emis- sions ruling or decision appealed against.
(2) (3) An emissions ruling or decision appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

Section 115: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
172 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 118 116 Effect of emissions rulings (1) An emissions ruling is conclusive evidence of the determin- ation of the matter in respect of which a ruling is sought under section 107.
If the chief executive makes an emissions ruling under section 109,— (a) (2) the ruling applies to the matter in relation to which the ruling was sought; and if the applicant complies with the ruling, the chief ex- ecutive must apply this Act to that matter in accordance with the ruling.

(b) (3) This section is subject to sections 113 and 114 and any decision of the District Court under section 115(2).
Section 116: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

117 Chief executive may publish certain aspects of emissions (1) (2) rulings For the purpose of providing general guidance about the ap- plication of this Part or Part 5, the chief executive may, after making an emissions ruling, publish information that relates to the ruling.
The chief executive may not publish any information under subsection (1) that identifies any person to whom the ruling relates.

(3) No person may treat, or rely on, the information published under subsection (1) as an emissions ruling with the effect spe- cified by section 116.

Section 117: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Emissions returns Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
118 (1) Submission of final emissions returns Subsection (2) applies to the following persons: (a) a person who the chief executive believes is about to— 173 Part 4 s 118 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) cease carrying out an activity listed in Schedule 3 or 4 in relation to which the person is a partici- pant; and leave New Zealand: (ii) a participant who has ceased to carry out any activities in New Zealand: the executors or administrators of a deceased partici- pant: a participant who has become bankrupt or has been put into liquidation.
(b) (c) (d) (2) The chief executive may, at any time, require a person to whom subsection (1) applies to submit a final emissions return in re- lation to a specified activity listed in Schedule 3 or 4.
(3) Any of the following persons may, at any time, submit a fi- nal emissions return in relation to a specified activity listed in Schedule 3 or 4: (a) a person who has— (i) ceased to carry out an activity listed in Schedule 3 or 4 in relation to which the person was a par- ticipant; and left, or is about to leave, New Zealand: (ii) a participant who has ceased to carry out any activities in New Zealand: the executor or administrator of a deceased participant: a participant who has become bankrupt or has been put into liquidation.
(4) A final emissions return submitted under subsection (2) or (3) (b) (c) (d) must— (a) contain all of the information required in an annual emissions return under section 65(2), but only in respect of the following periods, as relevant: (i) if the return is submitted in response to a require- ment of the chief executive under subsection (2), the period specified by the chief executive: if the return is made under subsection (3)(a) or (b), the period— (A) beginning on the later of 1 January in the year in which the return is submitted, or the day after the end of the period covered (ii) 174 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 118 (B) by the last emissions return submitted by the person for the activity; and ending on the day the person ceased to carry out the specified activity, or the last of the specified activities covered by the return: (5) (iii) if the return is made under subsection (3)(c) or (d), the period determined by the submitter; and (b) be submitted in accordance with section 65(3).
Following the submission of a final emissions return under this section, the person submitting the return must, within 20 working days, surrender the number of units in the assessment under section 65(2)(c)(i).
(6) Despite anything in subsection (3),— (7) (a) (b) a person who meets the conditions in that subsection, and who is (at the time of meeting those conditions) a member of a consolidated group, may not submit a final emissions return; and the nominated entity of the consolidated group of which the person is a member may not submit a final emissions return in respect of the person.
To avoid doubt, a person who submits a final emissions return in respect of a specified activity under this section— (a) is not required to submit an annual emissions return under section 65 that covers the activity for any period covered by the return submitted under this section; but (b) must, if the final emissions return does not cover the full period in which the activity was carried out by the participant in a year, submit an annual emissions return under section 65 in respect of the activity that covers any part of the year in which the activity was carried out by the participant that is not covered by the return submitted under this section.
Section 118: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 118(3)(a): substituted, on 8 December 2009, by section 37(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
175 Part 4 s 119 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 118(4)(a): substituted, on 8 December 2009, by section 37(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 118(6): added, on 8 December 2009, by section 37(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 118(7): added, on 8 December 2009, by section 37(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
119 Power to extend date for emissions returns The chief executive may extend the time for the submission of an emissions return by a period of no more than 20 working days if— (a) the participant has applied for an extension by the date upon which the emissions return is due; and the chief executive is satisfied that the participant is un- able to submit the required emissions return by the due date.
(b) Section 119: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 119(a): amended, on 8 December 2009, by section 38 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
120 Amendment to emissions returns by chief executive Subject to section 127, if the chief executive is satisfied that the information contained in an emissions return is incorrect, the chief executive may, at any time, amend the emissions return and any assessment of the participant’s liability to surrender units or entitlement to receive New Zealand units in the emis- sions return as the chief executive thinks fit.
Section 120: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
121 Assessment if default made in submitting emissions return (1) This section applies if— (a) a participant fails to submit an emissions return when required to do so under this Act; or 176 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 123 (2) (b) the chief executive has reason to believe that a person is a participant who should have submitted an emissions return, but did not.
If this section applies, the chief executive may make an as- sessment of the matters that should have been in the person’s emissions return.

Section 121: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
122 Amendment or assessment presumed to be correct An amendment made to an emissions return under section 120, or an assessment made under section 121, must be taken to be correct unless, on review or appeal, a different amendment or assessment is made.

Section 122: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
123 Effect of amendment or assessment (1) If the chief executive makes an amendment under section 120 or an assessment under section 121, the chief executive must, as soon as practicable after making the amendment or assess- ment, notify the participant of— (a) (b) the particulars of the amendment or assessment; and any grounds or information upon which the amendment or assessment was based; and the right of the person to seek a review of the decision under section 144.
(c) (2) A notice under subsection (1) must, if relevant, be accompan- (3) (4) ied by a penalty notice under section 134(3)(b).

If the amendment or assessment results in a liability for the person to surrender units or any additional units, the partici- pant must surrender those units within 90 days after the date of the notice under subsection (1).
If the amendment shows that a participant has surrendered too many units, the chief executive must, within 20 working days after the date of the notice under subsection (1), arrange for reimbursement to the participant, in accordance with section 124, of the number of units incorrectly surrendered.
177 Part 4 s 124 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (5) (6) If the amendment or assessment results in an entitlement for a participant to receive New Zealand units for the participant’s removal activities, the chief executive must direct the Regis- trar to transfer the number of New Zealand units to which the participant is entitled to the participant’s holding account.
If the amendment shows that a participant was transferred too many New Zealand units for the participant’s removal activ- ities, the participant must, within 90 days after the date of the notice under subsection (1), repay the number of units to which the amendment shows the participant was not entitled by trans- ferring them to a Crown holding account designated by the chief executive.
(8) (7) Units repaid by any person under subsection (6) must be of a type that may be transferred to a surrender account at the time the unit is repaid.

The chief executive is not required to meet the time frame in subsection (4) if consultation under section 124(6) on the units to be reimbursed makes this impracticable.

Section 123: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 123(5): substituted, on 8 December 2009, by section 39 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

124 Reimbursement of units by chief executive (1) If the chief executive is required to arrange for the reimburse- ment of units to a person under section 123(4), 126(2), 138(2), or 189(7), the chief executive must direct the Registrar to transfer units to the person in accordance with subsection (2).
If the reimbursement is of— (a) the New Zealand units or approved overseas units, chief executive must direct the Registrar to transfer the applicable number of New Zealand units or approved overseas units from the appropriate surrender account or Crown holding account to the person’s holding account; or (b) Kyoto units, the chief executive must direct the Regis- trar to transfer the applicable number and type of Kyoto (2) 178 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 125 (3) units from the appropriate surrender account or Crown holding account to the person’s holding account.
The chief executive must take into account the views of the person to whom units will be reimbursed about the type of units to be reimbursed when determining what units to reim- burse.

Section 124: substituted, on 8 December 2009, by section 40 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
125 Repayment of units by persons in case of error (1) The chief executive may, if satisfied that as a result of an error, units to which a person is not entitled under a provision in Part 4 or 5 have been transferred from a Crown holding account or other account held by the Crown to the person’s holding account, give a notice to the person requiring that person to repay the units referred to in the notice in accordance with subsection (2).
(a) (2) A person who receives a notice under subsection (1) must— repay any units transferred in error that are still in the person’s holding account, or are otherwise under the person’s control, by transferring those units as soon as practicable to the Crown holding account designated in the notice; and if not all the units transferred in error are repaid under paragraph (a), repay, within 30 working days of the date of the notice, the outstanding number of units by trans- ferring units to the Crown holding account designated in the notice.
(b) (3) Units repaid by any person under subsection (2)(b) must be of a type that may be transferred to a surrender account at the time the unit is repaid.

Section 125: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 125(1): amended, on 8 December 2009, by section 41 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
179 Part 4 s 126 Climate Change Response Act 2002 Reprinted as at 8 December 2009 126 Obligation to surrender or repay units not suspended by (1) (2) review or appeal The obligation to surrender or repay units under section 123 or 125 is not suspended by any review or legal proceedings.
If the applicant for a review or the appellant in proceedings is successful in the review or the proceedings, the chief executive must arrange for the reimbursement to the applicant or appel- lant of the number of units surrendered or repaid in excess of those that are determined to be required to be surrendered or repaid.

(3) However, any obligation on the chief executive under subsec- tion (2) is suspended pending the outcome of any appeal filed by the chief executive under section 146.
Section 126: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
127 Time bar for amendment of emissions returns (1) If a participant has complied with the participant’s obligation to surrender units in relation to an emissions return submitted under— (a) any section except section 189 or 193, the chief execu- tive may not amend the emissions return, or the assess- ment made by the participant of the units to be surren- dered or received, after the expiration of 4 years from the end of the year or other period in respect of which the emissions return was made, or in the case of a return under section 187 or 191, from the date of the submis- sion of the emissions return, if the amendment would— increase the number of units required to be sur- (i) rendered by the participant; or alter the number of New Zealand units that the participant is entitled to receive for removal ac- tivities: (ii) (b) section 189 or 193, the chief executive may not amend the emissions return, or the assessment made by the par- ticipant of the units to be surrendered or received, after the expiration of 7 years from the end of the year or other period in respect of which the emissions return was made if the amendment would— 180 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 129 (i) (ii) increase the number of units required to be sur- rendered by the participant; or alter the number of New Zealand units that the participant is entitled to receive for removal ac- tivities.
(2) However, if the chief executive is satisfied that an emissions return was fraudulent, was wilfully misleading, or deliberately omitted mention of emissions or removals in respect of which an emissions return was required to be submitted, the chief executive may amend the emissions return at any time, under section 120, so as to— (a) increase the number of units required to be surrendered by the participant: decrease the number of New Zealand units to which the participant is entitled in respect of removal activities.
(b) Section 127: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
128 Amendments and assessments made by electronic means Any amendment or assessment made by the chief executive for the purpose of this Act that is made automatically by a com- puter or other electronic means in response to or as a result of information entered or held in the computer or other electronic medium— (a) must be treated as an amendment or assessment made by or under the properly delegated authority of the chief executive; and is not invalid by virtue of the fact that it is made auto- matically by such means.
(b) Section 128: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Subpart 4—Offences and penalties Subpart 4: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
129 Strict liability offences (1) A person commits an offence against this Act if the person— 181 Part 4 s 129 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) is a participant in any year and, without reasonable ex- cuse, fails to comply with section 62 (requirement to collect data or other information, calculate emissions and removals, and keep records); or (b) without reasonable excuse,— (i) (ii) (iia) (iii) (iv) (v) fails to notify the chief executive under section 56 that the person is carrying out an activity listed in Schedule 3; or fails to submit an emissions return when required to do so under section 65, 118, 189, 191, or 193; or fails to comply with the requirements relating to the calculation of, application for, or notification of an annual allocation adjustment or closing al- location adjustment under section 83 or 84, in- cluding where required to comply with section 84(1)(a) to (c) by the chief executive under sec- tion 84(2)(c); or fails to keep records as required— under section 67 or 86D; or (A) by a fishing allocation plan; or (B) by a pre-1990 forest land allocation plan; (C) or fails to notify the chief executive of a matter that is required to be notified under section 112; or fails to notify the chief executive, within the time required, of a matter required to be notified under section 84(2)(b) or 192(3).
(b) Every person who is convicted of an offence against subsec- tion (1) is liable on summary conviction,— (a) the first time the person is convicted of that offence, to a fine not exceeding $8,000: the second time the person is convicted of that offence, to a fine not exceeding $16,000: on every subsequent occasion that the person is con- victed of that offence, to a fine not exceeding $24,000.
Section 129: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(c) (2) 182 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 132 Section 129(1)(b)(iia): inserted, on 8 December 2009, by section 42(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 129(1)(b)(iii): substituted, on 8 December 2009, by section 42(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 129(1)(b)(v): substituted, on 8 December 2009, by section 42(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
130 Offence for breach of section 99 Every person to whom section 99(1) applies who knowingly acts in contravention of section 99 commits an offence and is liable on summary conviction to— (a) (b) (c) Section 130: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

imprisonment for a term not exceeding 6 months; or a fine not exceeding $15,000; or both.
131 Offence for failure to provide information or documents (1) A person commits an offence against this Act if the person, without reasonable excuse,— (a) (b) fails to provide information to the chief executive or an enforcement officer when required to do so under section 94; or fails to appear before the chief executive or an enforce- ment officer, or fails to produce any document or docu- ments, when required to do so under section 95.
Every person who is convicted of an offence against subsec- tion (1) is liable on summary conviction,— (a) in the case of an individual, to a fine not exceeding $12,000; or in the case of a body corporate, to a fine not exceeding $24,000.

(b) (2) Section 131: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
132 Other offences (1) A person commits an offence against this Act if the person— 183 Part 4 s 132 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) (c) (d) refuses to take an oath when required to do so under section 95; or refuses to answer any question when required to do so under section 95; or is a participant in any year and knowingly fails to comply with section 62 (requirement to collect data or other information, calculate emissions and removals, and keep records); or knowingly fails to submit an emissions return when re- quired to do so under section 65, 118, 189, 191, or 193; or (e) (da) knowingly fails to comply with the requirements relat- ing to the calculation of, application for, or notification of an annual allocation adjustment or a closing alloca- tion adjustment under section 83 or 84, including when required to comply with section 84(1)(a) to (c) by the chief executive under section 84(2)(c); or knowingly fails to keep records as required— under section 67 or 86D; or (i) by a fishing allocation plan; or (ii) (iii) by a pre-1990 forest land allocation plan; or knowingly provides altered, false, incomplete, or mis- leading information (including emissions returns) to the Minister or the chief executive or any other person in re- spect of any matter in this Part or Part 5; or (f) (g) wilfully obstructs, hinders, resists, or deceives a person exercising a power conferred on that person under this Part or Part 5; or (h) wilfully interferes with any survey, investigation, test, or measurement carried out by an enforcement officer or a person assisting an enforcement officer under section 100; or refuses to provide information that an enforcement officer has demanded from that person under section 100(2)(d).
(i) Every person who is convicted of an offence against subsec- tion (1) is liable on summary conviction,— (a) in the case of an individual, to a fine not exceeding $25,000; or (2) 184 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 133 (b) in the case of a body corporate, to a fine not exceeding $50,000.

Section 132: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 132(1)(da): inserted, on 8 December 2009, by section 43(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 132(1)(e): substituted, on 8 December 2009, by section 43(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 132(1)(f): amended, on 8 December 2009, by section 43(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
133 Evasion or similar offences (1) A person commits an offence against this Act if the person, with intent to deceive and for the purpose of either obtaining any material benefit or avoiding any material detriment,— (a) (b) (ba) (c) (d) (e) fails to comply with any of the requirements specified in section 62; or fails to submit an emissions return when required to do so under section 65, 118, 189, 191, or 193; or fails to comply with the requirements relating to cal- culation and application for or notification of an annual allocation adjustment or a closing allocation adjustment under section 83 or 84 (including where required to comply with section 84(1)(a) to (c) by the chief execu- tive under section 84(2)(c)); or fails to keep records as required— under section 67 or 86D; or (i) by a fishing allocation plan; or (ii) by a pre-1990 forest land allocation plan; or (iii) fails to provide information to the chief executive or any other person when required to do so under this Part or Part 5; or provides altered, false, incomplete, or misleading infor- mation (including emissions returns) to the Minister or the chief executive or any other person in respect of a matter in this Part and Part 5.
(2) Every person who commits an offence against subsection (1) is liable on conviction on indictment to— 185 Part 4 s 134 Climate Change Response Act 2002 Reprinted as at 8 December 2009 imprisonment for a term not exceeding 5 years; or a fine not exceeding $50,000; or both imprisonment and a fine.

(a) (b) (c) Section 133: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 133(1)(ba): inserted, on 8 December 2009, by section 44(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 133(1)(c): substituted, on 8 December 2009, by section 44(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 133(1)(e): amended, on 8 December 2009, by section 44(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
134 Penalty for failing to surrender or repay units (1) This section applies if— (a) (b) a person fails to surrender units by the due date when required to do so under section 65(4), 118(5), 189, 191, or 193; or an amendment to an emissions return under section 120 or an assessment made under section 121 results in a liability for a person— (i) to surrender units or additional units under sec- tion 123(3); or to repay units in accordance with section 123(6); or (ii) (c) a person is required under section 125 to repay units transferred in error.
Subject to section 135, if this section applies, the person is liable to— (a) surrender or repay the units as required under the rele- vant section; and pay to the chief executive an excess emissions penalty of $30 for each unit that,— (i) (b) if subsection (1)(a) applies, the person fails to surrender by the due date; or if subsection (1)(b) applies, the person is required to surrender under section 123(3) or repay under section 123(6); or (ii) (2) 186 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 134 (iii) if subsection (1)(c) applies, the person fails to repay by the due date.
(3) If a person is liable to an excess emissions penalty under sub- section (2), the chief executive must give a notice to the person that,— (a) if subsection (1)(a) or (c) applies,— (i) refers to the person’s failure to surrender units by the due date as required under section 65(4), 118(5), 189, 191, or 193, as applicable, or repay units by the due date under section 125; and sets out the number of units required to be sur- rendered or repaid; and sets out the amount of the excess emissions penalty to which the person is liable under sub- section (2)(b); and requires the person to surrender or repay the units specified in subparagraph (ii), and pay the penalty specified in subparagraph (iii) to the chief executive, within 20 working days of the date of the notice; and advises that, unless both the units are surrendered or repaid and the penalty paid in full by the due date, interest on the amount of the penalty will accrue in accordance with section 137; or refers to the relevant notice under section 123(1); and sets out the amount of the excess emissions penalty to which the person is liable under sub- section (2)(b); and requires the person to pay the penalty specified in subparagraph (ii) within the period in which the person must surrender units under section 123(3) or repay units under section 123(6); and advises that, unless both the units are surrendered or repaid and the penalty paid in full by the due date, interest on the amount of the penalty will accrue in accordance with section 137.
(ii) (iii) (iv) (v) (ii) (iii) (iv) (b) if subsection (1)(b) applies,— (i) 187 Part 4 s 135 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (4) The amount of the excess emissions penalty, together with any interest that accrues on that penalty, constitutes a debt due to the Crown and is recoverable by the chief executive in a court of competent jurisdiction.
Section 134: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

135 Reductions in penalty (1) The chief executive may reduce the excess emissions penalty imposed by section 134(2)(b)(i) or (iii) by up to 100%, if the person voluntarily discloses the failure to surrender or repay units before receiving a penalty notice under section 134.
The chief executive may reduce the excess emissions penalty imposed by section 134(2)(b)(ii) by up to 100%, if— (a) (2) (ii) the person voluntarily disclosed that an emissions re- turn submitted by the person contained incorrect infor- mation, or that the person failed to file a return when required to do so, before the chief executive or an en- forcement officer— (i) requested any information under section 94 or 95 in relation to the return; or gave notice of an intention to enter land or premises under section 100(3); or (iii) executed a warrant under section 101; or the chief executive is satisfied that the person formed a view as to the information on which the return was based or as to whether a return was required, that, while incorrect, was reasonable, having regard to the informa- tion available to that person at the time the emissions return was required.
(b) Section 135: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
136 Additional penalty for knowing failure to comply (1) This section applies to a person who— is or was liable following— (a) (i) a new determination under section 78 or a vari- ation or revocation of a decision under section 188 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 136 (ii) 86C to repay units allocated and transferred to the person; or an amendment under section 120 or an assess- ment under section 121 to surrender units (or additional units) or to repay units, in respect of any period covered by, or that should have been covered by, an emissions return; and (b) is convicted of an offence under section 132(1)(c) to (f) or 133 that relates to— (i) the units allocated and transferred to the person (including, but not limited to, the provision of information); or an emissions return that was— (A) (B) amended under section 120; or assessed under section 121.
(ii) (2) If this section applies, the person is liable, in addition to any penalty imposed in respect of the offence, to— (a) as the case may require,— (i) transfer to the Crown holding account designated by the Minister or chief executive in the notice re- ferred to in section 79(3) or 86C(4) a number of units equivalent to the number of units specified as being repayable in that notice under section 79(3)(a) or 86C(4), or in any review or appeal proceedings relating to that determination or de- cision; or surrender a number of units equivalent to the number of units determined by the chief execu- tive in the amendment under section 120 or the assessment under section 121, or in any review or appeal proceedings relating to that determin- ation; and (ii) (b) pay an excess emissions penalty of $30 for each unit the person is liable to transfer or surrender under paragraph (a).
(3) If this section applies, the chief executive must give a notice to the person that— sets out the— (a) 189 Part 4 s 137 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) (ii) number of additional units that the person is re- quired to transfer to a Crown holding account or surrender under subsection (2); and amount of the excess emissions penalty to which the person is liable under subsection (2); and requires the person to transfer to the designated Crown holding account or surrender the additional units, and pay the penalty within 90 days after the date of the no- tice; and advises that, unless both the units are transferred to the designated Crown holding account or surrendered (as the case may require) and the penalty paid in full by the due date, interest on the amount of the penalty will accrue in accordance with section 137.
(b) (c) To avoid doubt, any liability to transfer units to a Crown hold- ing account or surrender units and pay a penalty under subsec- tion (2) is additional to, and does not affect, the liability of a person to surrender or repay units under any other section of this Act or to pay a penalty under a penalty notice given by the chief executive under section 134.
The amount of the excess emissions penalty, together with any interest that accrues on that penalty, constitutes a debt due to the Crown and is recoverable by the chief executive in a court of competent jurisdiction.

Section 136: substituted, on 8 December 2009, by section 45 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Interest for late payment This section applies if— a person— (a) (i) has failed to surrender or repay units when re- quired to do so and is liable to pay an excess emissions penalty in relation to those units under section 134(2)(b)(i) or (iii); or is required to surrender or repay units under sec- tion 123 and is liable to pay an excess emissions penalty in relation to those units under section 134(2)(b)(ii); or (ii) (4) (5) 137 (1) 190 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 137 (iii) is required to transfer units to a Crown hold- ing account or surrender units and pay an excess emissions penalty under section 136; and the person does not comply, or comply in full, with the requirement to surrender or repay units and to pay the penalty by the relevant date.
(b) (2) (3) (b) If this section applies, the person is liable to pay interest on the full amount of the excess emissions penalty— (a) at the rate prescribed by the Governor-General by Order in Council; and for the period from the date by which the penalty was due to be paid until the associated liability to surrender or repay units or to transfer units to a Crown holding account under section 136 (or to pay any associated debt under section 159) has been met, and until the penalty and any interest due have been paid in full.
To avoid doubt, interest accrues under subsection (2) even if the amount of the excess emissions penalty in a penalty notice has been paid in full if the associated requirement to surrender or repay units or to transfer units to a Crown holding account under section 136 (or to pay any associated debt under section 159) has not been met in full.
(4) Despite anything in this section, the chief executive may remit any amount of interest that has accrued under this section, if the chief executive is satisfied that— (a) the failure of the person to comply with the requirement to surrender or repay units or to transfer units to a Crown holding account under section 136 and pay the penalty in full arises as a result of an event or a circumstance beyond the control of that person; and as a consequence of that event or circumstance, the person has a reasonable justification or excuse for the non-compliance; and the person corrected the failure to comply as soon as practicable.
(b) (c) (5) Without limiting the chief executive’s discretion under subsec- tion (4), an event or circumstance may include— (a) (b) an accident or a disaster; or illness or emotional or mental distress.
191 Part 4 s 138 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (6) Despite anything in this section, the chief executive may remit part of an amount of interest that has accrued under this section if the chief executive is satisfied that it would be manifestly unfair or unjust to impose the full amount.
For the purposes of this section, an event or circumstance does not include— (a) (7) an act or omission of an agent of a person, unless the chief executive is satisfied that the act or omission was caused by an event or circumstance beyond the control of the agent— (i) (ii) that could not have been anticipated; and the effect of which could not have been avoided by compliance with accepted standards of busi- ness organisation and professional conduct; or a person’s financial position.
(b) Section 137: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 137(1): substituted, on 8 December 2009, by section 46(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 137(2)(b): substituted, on 8 December 2009, by section 46(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 137(3): substituted, on 8 December 2009, by section 46(3) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 137(4)(a): substituted, on 8 December 2009, by section 46(4) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
138 Obligation to pay penalty not suspended by appeal (1) The obligation to pay and the right to receive and recover any excess emissions penalty or interest imposed under section 134, 136, or 137, and the obligation to transfer to a Crown holding account or surrender any additional units under sec- tion 136, are not suspended by any review or appeal.
If the applicant or appellant is successful in the review or ap- peal, the amount of any excess emissions penalty or interest paid by the applicant must be refunded to the applicant or ap- pellant by the chief executive, and any units not required to be transferred to a Crown holding account or surrendered must (2) 192 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 139 be reimbursed in accordance with the procedure specified in section 124.
(3) However, any obligation on the chief executive under subsec- tion (2) is suspended pending the outcome of any appeal filed under section 146.
The chief executive must pay interest on any refunded excess emissions penalty and interest calculated in accordance with the following formula: (4) ((X × Y) ÷ 365) × Z where— X is the number of days in the period that— (a) commences on the day on which the relevant penalty is lodged to the credit of the chief execu- tive; and ends on the day on which the relevant penalty is refunded by the chief executive; and (b) Y is the amount of penalty and interest that, having been paid, is caused to be refunded in accordance with the outcome of a successful appeal; and is the rate of interest specified by the Governor-General by Order in Council made under section 137(2)(a).
Section 138: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Z Section 138(1): substituted, on 8 December 2009, by section 47(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 138(2): substituted, on 8 December 2009, by section 47(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
139 Liability of body corporate If, in the course of proceedings against a body corporate for an offence under this Part, it is necessary to establish the state of mind of the body corporate, it is sufficient to show that a director, employee, or agent of the body corporate, acting within the scope of the person’s actual or apparent authority, had that state of mind.

Section 139: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
193 Part 4 s 140 Climate Change Response Act 2002 Reprinted as at 8 December 2009 140 Liability of directors and managers of companies If a body corporate is convicted of an offence under this Part, every director and every person concerned in the management of the body corporate is also guilty of that offence if it is proved that— (a) the act or omission that constituted the offence took place with the authority, permission, or consent of the director or person; or the director or person knew that the offence was to be, or was being, committed and failed to take all reasonable steps to prevent or stop it.
(b) Section 140: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

141 Liability of companies and persons for actions of director, agent, or employee (1) Any act or omission on behalf of a body corporate or other person (the principal) by a director, agent, or employee of the principal is to be treated for the purposes of this Act as being also the act or omission of the principal.
(2) Despite subsection (1), if a principal is charged under this Part in relation to the act or omission of an agent for an offence against any of sections 132(1)(c) to (f) or 133, it is a defence to the charge if the principal proves that the principal took all reasonable steps to prevent the commission of the offence or the commission of offences of that kind.

Section 141: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
142 Limitation period for commencement of proceedings Despite section 14 of the Summary Proceedings Act 1957, an information for an offence against— (a) section 131 or 132(a), (b), (g), (h), or (i) may be laid at any time within 2 years from the time when the matter of the information arose: section 129, 130, or 132(c) to (f) may be commenced at any time within 7 years from the time when the matter of the information arose.
(b) Section 142: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
194 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 143 143 Evidence in proceedings (1) In any proceedings for an offence against this Part or Part 5, a certificate or document (including an electronic copy) of any of the following kinds is admissible in evidence and, in the absence of proof to the contrary, is sufficient evidence of the matter stated in the certificate or the document, as the case may require: (a) a certificate purporting to be signed by the chief execu- tive, or by a delegate of the chief executive, to the effect that, at any specified date or period,— (i) a named person is or was, or is not or was not, an enforcement officer or a person or organisation recognised under section 92; or a person was, or was not, registered as a partici- pant in relation to an activity listed in Schedule 4: (ii) (b) a certificate purporting to be signed by any person au- thorised to delegate to any person, or to persons of any kind or description, the exercise of any power or the performance of any function under this Part or Part 5, stating that the person has delegated— (i) the exercise of the power or the performance of the function specified in the certificate to the per- son specified in the certificate; or the exercise of the power or the performance of the function specified in the certificate to persons of a kind or description specified in the certifi- cate, and that a named person specified in the cer- tificate is a person of that kind or description.
(ii) (2) The production of a certificate or document purporting to be a certificate to which subsection (1) applies is prima facie evi- dence that it is such a certificate or document, without proof of— (a) the signature of the person purporting to have signed the document; or the document’s nature.

(b) Section 143: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
195 Part 4 s 144 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Subpart 5—Review and appeal provisions Subpart 5: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(2) (3) 144 Request for review of decisions (1) A person affected by a decision of the chief executive under a provision in this Part or Part 5 who is dissatisfied with the decision may, by notice to the chief executive within the period of 30 days after receiving notice of the decision, or within any further period that the chief executive allows, request the chief executive to review the decision.

The request must set out the grounds on which it is believed that the original decision should be reviewed.
For the purposes of a review, the chief executive may require the person making the request for review to supply information additional to that contained in the request.

Following a review, the chief executive may confirm, revoke, or vary the decision in the manner that the chief executive thinks fit.

The decision requested to be reviewed remains valid unless and until altered by the chief executive.
The chief executive must, as soon as practicable, give notice to the person who requested the review of the decision on the review, and of the reasons for it.

(5) (4) (6) (8) (7) A decision by the chief executive under this section is final, unless determined otherwise by a court under an appeal under section 145 or 146.
This section does not apply to any decision that the chief ex- ecutive makes under section 90 or of the chief executive in relation to emissions rulings (including a decision to decline making a ruling) under sections 107 to 117.

Section 144: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
145 Right of appeal to District Court (1) A person has a right of appeal to a District Court if affected by a decision of the chief executive under section 144.

196 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 147 (2) (3) The court may confirm, reverse, or modify the decision ap- pealed against.
Every decision appealed against under this section continues in force pending the determination of the appeal, and no person is excused from complying with any of the provisions of this Act on the ground that any appeal is pending.

Section 145: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
146 Appeals to High Court on questions of law only If a party to any proceedings before the District Court under section 145 is dissatisfied with any determination of the court as being erroneous in point of law, the party may appeal to the High Court by way of case stated for the opinion of the court on a question of law only.

Section 146: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Subpart 6—Miscellaneous provisions Subpart 6: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

147 Giving of notices by chief executive (1) (2) This section applies if this Act requires the chief executive to give a notice to a person.
If this section applies, the chief executive— (a) must give the notice in writing to— the person; or a representative authorised to act on behalf of the person; and (i) (ii) (b) may give notice by— (i) (ii) (iii) personal delivery to a person that is not a body corporate: personal delivery to a person that is a body cor- porate, if the personal delivery is made to the per- son’s office during working hours: an electronic means of communication to the per- son, if the chief executive complies with the Elec- tronic Transactions Act 2002: 197 Part 4 s 148 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (iv) post to— (A) (B) (C) the street address of the person’s usual or last known place of residence; or the street address of any of the person’s usual or last known places of business; or any other address, if the person has noti- fied the chief executive that the person ac- cepts notices at the address.
(3) A notice given by post under subsection (2)(b)(iv) is to be treated as having been given at the time the notice would have been delivered in the ordinary course of the post.

Section 147: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

148 Giving of notices to chief executive (1) This section applies if this Act requires a person to give a no- tice to the chief executive.
If this section applies, the person must— give the notice in writing; and (a) (b) may— (i) (2) (ii) give the notice to the office of the chief execu- tive’s department designated by the chief execu- tive by notice in the Gazette: give the notice by— (A) personal delivery, if the personal delivery is made during working hours: an electronic means of communication, if the person complies with the Electronic Transactions Act 2002: post to the post office box number for the office.
(B) (C) (3) A notice given by post under subsection (2)(b)(ii)(C) is treated as having been given at the time the notice would have been delivered in the ordinary course of the post.

Section 148: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
198 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 150 149 Sharing information (1) The purpose of this section is to facilitate the exchange of in- formation between any person with functions or powers under this Act, the Registrar, and the inventory agency.
(2) A person referred to in subsection (1) (person A) must provide information to another person referred to in that subsection (person B) if the information— (a) (b) is requested by person B; and is required by person B to assist person B to carry out his or her functions under this Act.

Section 149: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
150 Formation of consolidated group (1) Any 2 or more participants who are members of a group may, in respect of any activity or activities listed in Schedule 3 or 4, elect to form and be treated as a consolidated group for the purposes of this Part and Part 5.

(2) A consolidated group may, in addition to participants who are members of the group, include a member of the group that is not a participant, if that entity is to act as the nominated entity.
(3) An election under subsection (1) must be made by giving no- tice to the chief executive in the prescribed form.
(4) A notice given under subsection (3) must— (a) (b) (c) include— (i) the names of each of the entities that are to be members of the consolidated group (and contact details of any member that is not registered as a participant); and the activities in respect of which the members elect to be treated as a consolidated group; and (ii) nominate one of the entities listed in the notice (the nominated entity) as the agent of the consolidated group in respect of the activities specified in the notice and this Part and Part 5; and contain an agreement by each entity listed in the notice as a member of the consolidated group— (i) to be jointly and severally liable with the other members of the consolidated group for any obli- 199 Part 4 s 150 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (ii) gations under this Part or Part 5 in respect of emissions and removals resulting from the activ- ities specified in the notice; and to the transfer to the consolidated group’s hold- ing account on behalf of the group of any units to which any member of the consolidated group may become entitled in respect of any removal activity listed in the notice.
(5) (6) The chief executive must acknowledge the formation of a con- solidated group by notice to all members of the group given within 1 month after the chief executive’s receipt of a notice under subsection (3).
If 2 or more participants have elected under subsection (1) to form a consolidated group, those participants must be treated for the purposes of this Part and Part 5 as being members of a consolidated group,— (a) if notice of the formation of the consolidated group is received by the chief executive by 30 September in any year, from the beginning of that year: if notice of the formation of the consolidated group is received by the chief executive after 30 September in any year, from the beginning of the following year.
(b) (6A) Despite subsection (1), 2 or more members of a group may, if they elect to form a consolidated group in respect of an activity, give notice to the chief executive under subsection (3)— (a) at the same time they all give notice to the chief execu- tive under section 56 in respect of that activity; or at the same time they all submit an application under section 57 in respect of that activity.
(b) (6B) Despite sections 56(1), 57(3), and 61, an entity that gives no- tice to the chief executive in accordance with subsection (6A) is not required to have its own holding account under section 61 to comply with its obligations as a participant in respect of an activity specified in the notice given under subsection (3) and is not required to open a holding account when giving no- tice under section 56 or making an application under section 57 in respect of an activity, if— 200 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 151 (a) (b) the notice given in accordance with subsection (6A) is received by the chief executive by 30 September in the year in which that notice is given; and the nominated entity specified in the notice given in ac- cordance with subsection (6A) has, or has applied for, a holding account in the name of the consolidated group.
To avoid doubt, a participant may be a member of more than 1 consolidated group in relation to different activities.

Section 150: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(7) Section 150(6)(a): amended, on 8 December 2009, by section 48(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 150(6)(a): amended, on 8 December 2009, by section 48(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 150(6)(b): amended, on 8 December 2009, by section 48(3) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 150(6)(b): amended, on 8 December 2009, by section 48(4) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 150(6A): inserted, on 8 December 2009, by section 48(5) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 150(6B): inserted, on 8 December 2009, by section 48(5) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
151 Changes to consolidated groups (1) If at any time 2 or more participants who are members of a group have formed a consolidated group, and at least 1 participant remains a member of the consolidated group, any other participant (or, in the circumstances specified in section 150(2), any other entity that is a member of the group) may elect to join and be treated as a member of the consolidated group by giving notice to the chief executive in a form that the chief executive approves.
(2) A notice given under subsection (1) must— (a) include— (i) the name of the entity that elects to join the con- solidated group (and the entity’s contact details if 201 Part 4 s 151 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (ii) it is not registered as a participant) and sufficient information for the chief executive to identify the consolidated group that is to be joined; and if the entity is a participant, the activity or ac- tivities in respect of which the entity elects to be treated as a member of that consolidated group; and (b) (c) contain the agreement of the entity— (i) to be jointly and severally liable with the other members of the consolidated group for any obli- gations under this Part or Part 5 in respect of emissions and removals resulting from the activ- ities of the members of the group; and if the entity is a participant, to the transfer to the consolidated group’s holding account on behalf of the group of any units to which the entity may become entitled in relation to any removal activ- ities specified in the notice; and (ii) contain the agreement of every existing member of the consolidated group— (i) to be jointly and severally liable with the other members of the group for any obligations under this Part or Part 5 in respect of emissions and re- movals resulting from the activities of the joining entity; and to the transfer to the consolidated group’s holding account, on behalf of the group, of any units to which the joining entity may become entitled in respect of the activity or activities of that entity specified in the notice.
(ii) The chief executive must acknowledge the joining of a mem- ber to a consolidated group by notice to all members of the group given within 1 month after the chief executive’s receipt of a notice under subsection (1).
Subject to subsection (6), if a participant elects under subsec- tion (1) to join a consolidated group, that participant must be treated for the purposes of this Part and Part 5 as being a mem- ber of that consolidated group on and after 1 January of the (3) (4) 202 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 151 (5) year in which the participant gives notice to the chief execu- tive under subsection (1).
If an entity referred to in section 150(2) has elected by notice under subsection (1) to join a consolidated group, that entity must be treated for the purposes of this Part as being a member of that consolidated group from the date of receipt by the chief executive of the notice, or from any later date that may be specified in the notice.
(6) An entity may, if the entity elects to be treated as a member of a consolidated group on and after the date the entity is registered as a participant in respect of an activity, give notice to the chief executive under subsection (1)— (a) at the same time as giving notice to the chief executive under section 56 in respect of that activity; or (b) when submitting an application under section 57 in re- spect of that activity.
(7) Despite sections 56(1), 57(3), and 61, an entity that gives no- tice to the chief executive in accordance with subsection (6) is not required to have its own holding account under section 61 to comply with its obligations as a participant in respect of an activity specified in the notice given under subsection (1) and is not required to apply for a holding account, when— (a) giving notice to the chief executive under section 56 in respect of that activity; or submitting an application under section 57 in respect of that activity.
(b) Section 151: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 151(4): substituted, on 8 December 2009, by section 49(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 151(6): added, on 8 December 2009, by section 49(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 151(7): added, on 8 December 2009, by section 49(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

203 Part 4 s 151A Climate Change Response Act 2002 Reprinted as at 8 December 2009 151A Addition of activities to consolidated groups (1) A member of a consolidated group may elect to add to the ac- tivities in respect of which the member is treated as a member of the consolidated group by giving notice to the chief execu- tive in the prescribed form.
(2) A notice given under subsection (1) must— (a) (b) include the name of the member and the activity or ac- tivities the member is electing to add to the activities in respect of which the member is treated as a member of the consolidated group; and contain the agreement of every existing member of the consolidated group— (i) to be jointly and severally liable with the other members of the group for any obligations under this Part or Part 5 in respect of emissions and removals resulting from the member’s activity or activities specified in the notice; and to the transfer to the consolidated group’s holding account, on behalf of the group, of any units to which the adding member may become entitled in respect of the activity or activities specified in the notice.
(ii) The chief executive must acknowledge that the member has added the activity or activities specified in the notice under subsection (1) to the activities in respect of which the member is treated as a member of the consolidated group by giving notice to all members of the group within 1 month of the chief executive’s receipt of the notice.
If a member has elected under subsection (1) to add to the ac- tivities in respect of which the member is treated as a member of the consolidated group, the activity or activities specified in the notice are added,— (a) if the notice of the election is received by the chief ex- ecutive by 30 September in a year, on and after 1 Janu- ary of that year: if the notice of the election is received by the chief ex- ecutive after 30 September in a year, on and after 1 Janu- ary of the next year.
(b) (3) (4) 204 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 153 Section 151A: inserted, on 8 December 2009, by section 50 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
152 Nominated entities (1) The nominated entity for a consolidated group at any time is to be treated for the purposes of this Part and Part 5 as the agent at that time of the consolidated group, and of each entity that is at that time a member of the consolidated group, except where this Act otherwise expressly provides or the context otherwise requires.

(2) No entity is at any time a nominated entity for a consolidated group unless, at the time, the entity is a member of the con- solidated group.
(3) An entity that is a nominated entity for a consolidated group may give notice to the chief executive, in a form that the chief executive approves, that— (a) the entity is to cease to be the agent for the consolidated group; and another member entity is to become the agent for the consolidated group.
(b) (4) If an entity gives notice under subsection (3), then, from the date of receipt by the chief executive of the notice, or from a later date that may be specified in the notice,— (a) the notifying entity ceases to be the agent for the con- solidated group; and the other entity becomes the agent (nominated entity) for the consolidated group.

(b) Section 152: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
153 Effect of being member of consolidated group (1) The nominated entity of a consolidated group must— (a) have a holding account in the name of the consolidated group for the purposes of meeting the members’ obli- gations under this Part and Part 5; and record in that holding account the names of all the mem- bers of the consolidated group; and (b) 205 Part 4 s 153 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (c) submit a single annual emissions return for the consoli- dated group in respect of a year, which must— (i) meet the requirements of section 65(2) in respect of the activities listed in the notice under section 150(4)(a)(ii) or 151(2)(a)(ii) carried out by each member of the consolidated group: be signed by the nominated entity in accordance with section 65(2)(f) on behalf of the consoli- dated group.
(ii) Each member of a consolidated group is jointly and severally liable to surrender the amount of units assessed in relation to the consolidated group in any year, and that joint and several liability is in substitution for any liability of those members under this Part or Part 5 individually in respect of units to be surrendered for that year (to the extent that the surrender obli- gation relates to a period when the entity is a member of the consolidated group).
The liability of every member of the consolidated group to sur- render units in respect of any year is met by the transfer of the units assessed in relation to the consolidated group from the consolidated group’s holding account to a surrender account designated by the chief executive.
Each member of a consolidated group is jointly entitled to any New Zealand units assessed in relation to the removal activ- ities of the consolidated group in any year, and that joint en- titlement is in substitution for any entitlement of those mem- bers under this Part or Part 5 individually in respect of units to be transferred for that year (to the extent that the entitlement relates to a period when the entity is a member of the consoli- dated group).
The entitlement of every member of the consolidated group to be transferred units for removal activities in respect of any year must be met by the transfer of the number of units assessed in relation to the consolidated group to the consolidated group’s holding account.
This section— (a) does not prevent the nominated entity submitting— (2) (3) (4) (5) (6) 206 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 154 (7) (i) (ii) a quarterly emissions return under section 66 for other removal activities of the consolidated group; or submitting an emissions return under section 187 in respect of an entity who is a member of the consolidated group; and (b) applies with any necessary modifications to the period of an emissions return in either of those circumstances.
To avoid doubt, an emissions return for a consolidated group or any member of a consolidated group may be submitted only by the nominated entity of the consolidated group.

Section 153: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 153(6)(a)(ii): amended, on 8 December 2009, by section 51(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 153(7): added, on 8 December 2009, by section 51(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
154 Emissions returns by consolidated group in respect of (1) activities in Part 1 of Schedule 4 The nominated entity of a consolidated group that has been formed in respect of an activity listed in Part 1 of Schedule 4— (a) may submit a single emissions return under section 189(3) in respect of 1 or more of the activities listed in Part 1 of Schedule 4 carried out by a member in a year; and (ab) may, if section 189(2)(d) applies to a member, submit an emissions return in accordance with section 189(4A) on behalf of the member; and (b) must submit a single emissions return in respect of any activity listed in Part 1 of Schedule 4 carried out by any members when required to do so by section 189(4); and (c) must submit any emissions return required by section 191 or 193 on behalf of any member when a member is required to do so; and 207 Part 4 s 155 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (2) (3) (d) must sign any emissions return referred to above in ac- cordance with section 65(2)(f) on behalf of the consoli- dated group.
Section 153(2) to (5) apply to the liability to surrender units or entitlement to be transferred units in relation to an emissions return referred to in this section as if the references to a year were a reference to the period covered by the emissions return or, if the return does not relate to a period covered by the emis- sions return, as if section 153(2) to (5) referred to the liability to surrender units or entitlement to be transferred units in re- lation to the emissions return.
To avoid doubt, only the nominated entity may submit an emis- sions return for a consolidated group that has been formed in respect of 1 or more of the activities listed in Part 1 of Sched- ule 4.

Section 154: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 154(1)(a): amended, on 8 December 2009, pursuant to section 52(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 154(1)(ab): inserted, on 8 December 2009, by section 52(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 154(2): amended, on 8 December 2009, by section 52(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 154(3): added, on 8 December 2009, by section 52(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
155 Ceasing to be member of consolidated group (1) An entity that is a member of a consolidated group ceases to be a member of the consolidated group if— (a) the entity so elects, by notice to the chief executive in a form that the chief executive approves; or the entity ceases to be a member of the group in respect of which it is eligible to be a member of the consolidated group; or the entity ceases to be a participant, unless the entity is the nominated entity; or (b) (c) 208 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 155 (d) (e) the entity ceases to be the nominated entity and is not a participant; or the entity is a member of a consolidated group that has ceased to have a nominated entity.
(2) An entity is treated as having ceased to be a member of a con- solidated group,— (a) if subsection (1)(a) applies and the notice of election to cease to be a member of the consolidated group is received by the chief executive— (i) by 30 September in any year, on and after 1 Janu- ary of that year; or after 30 September in any year, on and after 1 January of the following year; and (ii) (b) (c) (d) (e) if subsection (1)(b) applies, with effect from the date on which the entity ceased to be a member of the group in respect of which it is eligible to be a member of the consolidated group; and if subsection (1)(c) applies, with effect from the date the participant’s name is removed from the register of participants under section 58 or 59; and if subsection (1)(d) applies, with effect from the date of receipt by the chief executive of the notice under section 152(3) notifying that the entity has ceased to be the nominated entity for the consolidated group; and if subsection (1)(e) applies, with effect from the date on which the consolidated group ceased to have a nomin- ated entity.
Subsection (1)(e) does not apply if— (a) the nominated entity ceases to be the nominated entity by reason of being liquidated; and (b) within 20 working days after that liquidation, or within such further period as the chief executive may allow, the other entities in the consolidated group have selected another nominated entity and notified the chief execu- tive accordingly (in which case the selected entity is treated as the nominated entity with effect from the time of the liquidation).
(3) (4) An entity that ceases to be a member of a group in respect of which it is eligible to be a member of the consolidated group, 209 Part 4 s 155 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (5) (6) or is a member of a consolidated group that ceases to have a nominated entity, must as soon as practicable give notice to the chief executive of this change of circumstances.
The chief executive must acknowledge the cessation of mem- bership of a member of a consolidated group by notice to that member and the other members of the consolidated group given within 1 month of— (a) the chief executive receiving a notice under— (i) (ii) the chief executive becoming aware that subsection (1)(b) or (e) applies; or the member being removed from the register of partici- pants under section 58 or 59.
Subsection (7) applies to an entity that— (a) subsection (1)(a); or section 152(3); or ceases to be a member of a consolidated group but re- mains a participant; and does not have its own holding account.
(b) (b) (c) (7) An entity to which this subsection applies must,— (a) (b) immediately upon ceasing to be a member of the con- solidated group, apply to open a holding account under section 18A; and supply the account number of the holding account, or ensure the account number of the holding account is supplied, to the chief executive within 10 working days of receiving the account number from the Registrar.
Section 155: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 155(2)(a): substituted, on 8 December 2009, by section 53(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 155(2)(d): amended, on 8 December 2009, by section 53(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 155(6): added, on 8 December 2009, by section 53(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 155(7): added, on 8 December 2009, by section 53(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
210 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 156A 156 Effect of ceasing to be member of consolidated group If an entity ceases to be a member of a consolidated group, the entity— (a) continues to be jointly and severally liable with other members of the consolidated group for any obligations under this Part or Part 5 in respect of emissions and removals from the activities of the members of the consolidated group, and jointly entitled to any units transferred for the removal activities of the consoli- dated group, during the period in which the entity was a member of the consolidated group; but is not liable for any obligations under this Part or Part 5 in respect of emissions and removals from the activ- ities of other members of the group, or entitled to the benefit of any units transferred for the removal activ- ities of other members of the group, for any period dur- ing which the entity is not a member of the consolidated group.
(b) Section 156: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(2) 156A Removal of activities from consolidated groups (1) A member of a consolidated group may elect to remove 1 or more activities from the activities in respect of which the mem- ber is treated as a member of the consolidated group by giving notice to the chief executive in the prescribed form.
The activity or activities specified in the notice under subsec- tion (1) are removed from the activities in respect of which the member is treated as a member of the consolidated group,— if the notice of the election is received by the chief ex- (a) ecutive by 30 September in a year, on and after 1 Janu- ary of that year: if the notice of the election is received by the chief ex- ecutive after 30 September in a year, on and after 1 Janu- ary of the next year.
(b) (3) The chief executive must acknowledge that the activity or activities specified in the notice under subsection (1) are removed from the activities in respect of which the member is treated as a member of the consolidated group by giving 211 Part 4 s 157 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (4) (5) notice to all members of the group within 1 month of the chief executive’s receipt of the notice.
If a member has removed an activity from the activities in re- spect of which the member is treated as a member of a con- solidated group, that member continues to be jointly and sev- erally liable with the other members of the consolidated group for any obligations under this Part or Part 5 in respect of emis- sions and removals related to the activity, and jointly entitled to any units transferred for the activity (if it is a removal ac- tivity), in respect of the period in which the activity was an activity in respect of which the member was treated as a mem- ber of the consolidated group.
Subsection (6) applies to a member of a consolidated group that— (a) removes 1 or more activities from the activities in re- spect of which the member is treated as a member of the consolidated group; and remains a participant in respect of 1 or more of those activities; but does not have its own holding account.
(b) (c) (6) A member of a consolidated group to which this subsection applies must— (a) apply to open a holding account under section 18A immediately upon removal of the activity or activities from the activities in respect of which the member is treated as a member of the consolidated group; and supply the account number of the holding account, or ensure the account number of the holding account is supplied, to the chief executive within 10 working days of receiving the account number from the Registrar.
(b) Section 156A: inserted, on 8 December 2009, by section 54 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
157 Unincorporated bodies (1) This section applies if the members of an unincorporated body— (a) jointly carry out an eligible activity; or 212 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 157 (b) (c) are required under section 180, 204, or 213 to be treated as jointly carrying out an activity listed in Schedule 3; or if paragraph (b) does not apply, jointly carry out an ac- tivity listed in Schedule 3 or 4.
(2) If this section applies,— (a) (b) (c) the members of the unincorporated body are not indi- vidually to be treated as persons carrying out the activ- ity; and if the activity is an eligible activity,— (i) the members of the unincorporated body may not apply individually for an allocation of New Zealand units for the eligible activity under sec- tion 86; but the unincorporated body may, as the eligible per- son, make such an application under section 86; and (ii) if the activity is an activity listed in Schedule 3 or 4,— the members of the unincorporated body— (i) (A) are not liable to, and may not, be registered as a participant under section 56 in respect of the activity; and (ii) (B) may not be registered as a participant under section 57 in respect of the activity; and the unincorporated body— (A) must notify the chief executive that it is the participant under section 56 in respect of the activity (if the activity is an activity listed in Schedule 3): (B) may apply to be registered as the partici- pant under section 57 in respect of the ac- tivity (if the activity is an activity listed in Schedule 4): (C) when notifying under section 56 or apply- ing to be registered under section 57, as the case may be, advise the chief executive of the name of the unincorporated body that should be entered on the register of partici- 213 Part 4 s 157 Climate Change Response Act 2002 Reprinted as at 8 December 2009 pants kept for the purposes of section 56 or 57; and (d) (iii) the chief executive must, for the purpose
 of sec- tion 56(3) or 57(5) (as applicable), enter the name of the unincorporated body on the register kept for the purposes of section 56 or 57; and the unincorporated body must, when applying for an al- location, or notifying the chief executive under section 56, or applying to the chief executive to be registered as a participant under section 57, as the case may be, provide the chief executive with— (i) the names and contact details of the members of the unincorporated body; and the name and contact details of the person to whom notices are to be given under this Act on behalf of the unincorporated body; and (ii) (3) (4) (e) subject to subsections (3) to (5), any change of mem- bers of the unincorporated body has no effect for the purposes of this Act.
Each person who is or has ceased to be a member of an unin- corporated body is, in respect of the period during which the person is or was a member of the unincorporated body,— (a) jointly and severally liable for the obligations of the unincorporated body as an eligible person (or a person to whom units have been allocated) or as a participant in respect of the activity; and jointly entitled to the benefits of the unincorporated body as an eligible person or as a participant in respect of the activity.
(b) If this Act requires any thing to be done by or on behalf of an eligible person (or a person to whom units have been allocated) or a participant that is an unincorporated body,— (a) it is the joint and several liability of all the members of the unincorporated body to do the thing; and any such thing done by 1 member of the unincorporated body is sufficient compliance with the requirement.
(b) (5) A notice that is addressed to an unincorporated body and given in accordance with this Act to the person nominated by the un- incorporated body under subsection (2)(d)(ii) or (if relevant) 214 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 157A (6) notified under section 157A(2)(a) is to be treated as notice given to the unincorporated body and all members of the un- incorporated body.
To avoid doubt, if this Act requires a landowner, registered leaseholder, holder of a registered forestry right, or party to a Crown conservation contract to be treated as the person carry- ing out an eligible activity or an activity listed in Schedule 3 or 4, and the land, registered lease, registered forestry right, or Crown conservation contract is owned, held, or has been entered into, as the case may be, jointly by 2 persons, those persons— (a) must together be treated as the person carrying out the (b) (c) activity for the purposes of this Act; and are, as relevant, together the eligible person in respect of the eligible activity, or the participant in respect of any activity listed in Schedule 3, or may together be regis- tered as the participant in respect of an activity listed in Schedule 4; and are jointly and severally liable for the obligations, or entitled to the benefits, of an eligible person (or a person to whom units have been allocated) or a participant in respect of the activity.
Section 157: substituted, on 8 December 2009, by section 55 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
157A Changes to unincorporated bodies that are participants (1) This section applies if— (a) a member of an unincorporated body joins or leaves an unincorporated body that is registered as a participant; or the name or contact details of the person to whom no- tices are to be given changes; or an unincorporated body wishes to change the name under which the body is registered as a participant.
(b) (c) (2) If this section applies,— (a) the unincorporated body must, as relevant,— 215 Part 4 s 157A Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) (B) within 20 working days of a person joining or leaving the unincorporated body, give the chief executive notice of— (A) the name and contact details of the person joining or leaving; and the date on which the person joined or left the unincorporated body; or (ii) within 20 working days of a change in the name or contact details of the person to whom notices are to be given, give the chief executive notice of that matter; or give the chief executive notice if the unincor- porated body wishes to change the name under which the body is recorded as a participant on the register kept for the purposes of section 56 or 57; and (iii) (b) the chief executive must, as soon as practicable after receiving the notice,— amend— (i) (A) (B) the chief executive’s records to reflect the change in membership of the unincorpor- ated body or the change in the name or contact details of the person to whom no- tices are to be given; or the register kept under section 56 or 57, as the case may be, to record the change in the name of the unincorporated body; and notify the Registrar of the change in member- ship of the unincorporated body, the change in the name or contact details of the person to whom notices are to be given, or the change in the un- incorporated body’s name; and notify the unincorporated body of the amend- ment to the chief executive’s records or the par- ticipant register and the notification to the Regis- trar.
(ii) (iii) (3) A notice given under subsection (2) must— (a) be in the prescribed form; and 216 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 158 (4) (b) contain any other information the chief executive may require; and (c) be accompanied by the prescribed fee (if any).
For the purposes of subsection (1), the following transfers must be treated as changes in the membership of an unincor- porated body and not as the transfer of an interest for the pur- poses of section 192(1)(a): (a) the transfer of land from members of an unincorporated body to members of an unincorporated body if at least 60% of the members of an unincorporated body are the same following the transfer; and the transfer of a registered lease, registered forestry right, or Crown conservation contract relating to post-1989 forest land from members of an unincorpor- ated body to members of an unincorporated body if at least 60% of the members of an unincorporated body are the same following the transfer.
(b) Section 157A: inserted, on 8 December 2009, by section 55 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

158 Compensation for participants where public works result (1) (2) in liability to surrender units This section applies if a person becomes a participant in re- spect of an activity listed in Schedule 3 fter being required to carry out the activity as a result of the exercise of a power that relates to a public work.
If this section applies, the person who exercised the power must, to the extent that the participant is not compensated under any other Act, compensate the participant for any liabil- ity to surrender units that the participant incurs as a result of the exercise of the power.

(3) All claims for compensation under subsection (2) must, unless settled by agreement, be determined in the manner provided by the Public Works Act 1981, and the provisions of that Act relating to compensation apply accordingly.
For the purposes of this section, public work has the same meaning as in section 2 of the Public Works Act 1981.

(4) 217 Part 4 s 159 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 158: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
159 Chief executive must surrender or repay units for person (1) (2) (3) (4) who is in default or insolvent This section applies if a person— (a) is required to surrender or repay units and does not do so, or does not surrender or repay the total number of units required to be surrendered or repaid, within 1 year of the date of a penalty notice given under section 134 or 136 in relation to the units; or is a participant and enters into an insolvency process.
(b) If this section applies the chief executive must purchase and surrender on the person’s behalf, or transfer to the designated Crown holding account on behalf of the person required to repay units, any units that— (a) the person has failed to surrender or repay after 1 year; or the insolvent participant would be required to surrender or repay under any other provision of this Act.
The cost of purchasing units, and any administrative costs in- curred in their surrender or repayment under subsection (2), constitutes an unsecured debt to the Crown and is recoverable by the chief executive in a court of competent jurisdiction.

For the purposes of this section, insolvency process means receivership under the Receiverships Act 1993, liquidation under the Companies Act 1993, or bankruptcy under the In- solvency Act 2006.
Section 159: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(b) 160 Reviews of operation of emissions trading scheme (1) The Minister responsible for the administration of this Act must initiate a review of the operation and effectiveness of the emissions trading scheme established by this Act in each of the following periods: (a) the first commitment period and each subsequent com- mitment period (if any); and if there is no subsequent commitment period,— (b) 218 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 160 (i) (ii) the 5-year period commencing on 1 January 2013; and each subsequent 5-year period after the period specified in subparagraph (i).
(2) Each review initiated under subsection (1) must be completed no later than 12 months before the end of the period in which the review is initiated.
(3) Despite anything in subsections (1) and (2),— (a) (b) (c) (d) the Minister responsible for the administration of this Act must ensure that a review of the matters listed in subsection (5)(j) (an allocation review) is initiated and completed at least once in each of the following periods: the 5-year period commencing on 1 January (i) 2011; and each subsequent 5-year period after the period specified in subparagraph (i); and (ii) subsections (6) to (8) apply to each allocation review with all necessary modifications as if the allocation re- view were initiated under subsection (1); and the person conducting each allocation review may con- sider any other matter, including (but not limited to) the matters listed in subsection (5); and if the person conducting an allocation review considers the matters specified in subsection (5) in the relevant period, that consideration satisfies the obligation of the Minister responsible for the administration of this Act under subsection (1).
(4) For the avoidance of doubt, if a review initiated under subsec- tion (1) results in the matters listed in subsection (5)(j) being reviewed in a period listed in subsection (3)(a), then the Minis- ter responsible for the administration of this Act is not obliged under subsection (3) to ensure any further review of those mat- ters is initiated in that period.
(5) Without limiting the scope of the review, a review under sub- section (1) must consider— (a) whether an amendment to this Act in relation to the emissions trading scheme is necessary or desirable; and (b) whether New Zealand has undertaken, or is expected to undertake, any international obligations with respect 219 Part 4 s 160 Climate Change Response Act 2002 Reprinted as at 8 December 2009 to its emissions and removals that are different from or additional to any international obligations that New Zealand had undertaken when this section came into force, or since the last review under this section; and the stringency of any of the international obligations specified in paragraph (b); and the contribution of the emissions trading scheme estab- lished under this Act towards any targets that are in ef- fect in accordance with section 224 or 225 at the time the review is initiated; and the types of Kyoto units and overseas units that may be surrendered for compliance with the emissions trading scheme established by this Act; and the operation of the commitment period reserve (if any); and the potential for linkage of the emissions trading scheme established under this Act to other green- house gas emissions trading schemes, including (but not limited to) Australia’s carbon pollution reduction scheme; and the appropriateness of any methodologies that are pre- scribed for calculating emissions and removals; and whether it is necessary or desirable to— (i) omit any of the activities from Schedule 3 or 4; and add any additional removal activities to Part 2 of Schedule 4; and amend the level of participant opt-in thresholds in Schedule 4; and (ii) (iii) whether changes to the provision of any allocation to industry or agriculture under subpart 2 are necessary or desirable, having regard to— (i) whether New Zealand has undertaken, or is ex- pected to undertake, any international obligations with respect to its emissions and removals that are different from, or additional to, any inter- national obligations that New
 Zealand had under- taken when this section came into force, or since the last review under this section; and (c) (d) (e) (f) (g) (h) (i) (j) 220 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 160 (v) (ii) (iv) (iii) the stringency of any of the international obliga- tions specified in subparagraph (i); and any change proposed to the activities listed in Schedule 3 or 4 following consideration of the matters specified in paragraph (i); and the relative climate change obligations and emis- sions policies of New Zealand’s trade competi- tors and trading partners; and any significant changes in emissions mitigation technology; and the cost to the taxpayer and the economy of pro- viding free allocation under subpart 2; and the appropriateness of the penalties in subpart 4 of this Part; and the implications (if any) of the following matters for the notification of intention under section 69: (i) New Zealand’s annual emissions for the 5 years before notification; and the average price of units for the 2 years before notification; and (vi) (ii) the impacts of the forestry sector elements of the emis- sions trading scheme established under this Act on bio- diversity within New Zealand; and the costs and benefits of establishing an independent or quasi-independent government body to carry out the allocation process, or any part of the allocation process, contained in subpart 2; and the social, economic, and environmental effects of the emissions trading scheme established by this Act (other than those considered under paragraphs (a) to (n)); and any other matter that the Minister responsible for the administration of this Act considers relevant.
(k) (l) (m) (n) (o) (p) (6) (7) The Minister responsible for the administration of this Act must appoint a panel to conduct any review under subsection (1) and report in accordance with the terms of reference set by the Minister on the matters set out in this section.
Following the completion of each review under subsection (1), the Minister responsible for the administration of this Act must— 221 Part 4 s 161 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) publish the report of the panel on the review; and present a copy of the report to the House of Represen- tatives.
(8) (9) If the panel recommends any change in relation to allocation to industry or agriculture that involves amending any Act or making or amending regulations under this Act, the Minister responsible for the administration of this Act must— (a) prepare a report that contains a response to the panel’s recommendations for legislative change; and present a copy of his or her report to the House of Rep- resentatives.
(b) To avoid doubt, this section does not limit the ability of the Minister responsible for the administration of this Act to initi- ate reviews of the operation and effectiveness of the emissions trading scheme established by this Act at any time and may use any method of review (including, but not limited to, the method specified in this section).

Section 160: substituted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
161 Appointment and conduct of review panel (1) When appointing members to a review panel under sec- tion 160, the Minister responsible for the administration of this Act must— (a) ensure that there are a minimum of 3 and a maximum of 7 members; and ensure that the majority of the members are not employ- ees under the State Sector Act 1988; and consider whether the members have, in the Minister’s opinion, the appropriate knowledge, skill, and experi- ence to conduct the review, including knowledge, skill, and experience of— this Act; and (i) (ii) New Zealand’s international obligations under the Protocol and the Convention and any other relevant international agreement; and (b) (c) 222 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 161A (iii) the operation of the emissions trading scheme es- tablished under this Act, including its environ- mental, social, and economic effects; and (2) appoint 1 member as the chairperson of the panel.
(d) The Minister must, by written notice to the panel, specify the terms of reference for the review to be conducted by the panel.

(3) A review panel must complete a draft report on the review and provide the report to the Minister responsible for the admin- istration of this Act at least 1 month before the date on which the review is required to be completed under section 160.
The review panel must— (a) (4) (b) allow the Minister at least 10 working days within which to respond to and comment on the contents of the draft report; and after considering the Minister’s response and comments (if any), prepare a final report and provide it to the Min- ister by the date on which the review is required to be completed under section 160.
In conducting a review, the review panel— (a) must establish a procedure that is appropriate, fair in the circumstances, and in accordance with the terms of reference for the review; and (5) (b) must consult persons (or their representatives) that ap- pear to the panel likely to have an interest in the review; and (c) may call for submissions.

Section 161: substituted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
161A Regulations in relation to eligible industrial activities (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: (a) prescribing, for the purposes of subpart 2, the activities that are eligible industrial activities: prescribing in respect of each eligible industrial activity, as appropriate,— (b) 223 Part 4 s 161A Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) a description of the activity, including (but not limited to)— (A) (B) (C) the input or inputs: the output or outputs: the physical, chemical, or biological trans- formation that takes place to transform the inputs into the outputs: (ii) whether the activity is— (iv) (iii) highly emissions-intensive; or (A) (B) moderately emissions-intensive: the products to be used as the basis for an alloca- tion of New Zealand units in respect of the activ- ity: a methodology or methodologies for calculating the amount of each prescribed product for the purposes of sections 81 to 84: prescribing, for each prescribed product,— (i) (ii) 1 or more allocative baselines; and for the purpose of sections 81 to 84, which alloca- tive baseline any person carrying out the activity must use when calculating an allocation entitle- ment under those sections (which may include an allocative baseline that a particular person must use): prescribing— (i) electricity: natural gas feedstock: an allocation factor or factors for— (A) (B) how each allocation factor must be used for the purpose of calculating allocative baselines in ac- cordance with section 161B(3): (ii) (c) (d) (e) prescribing information that must be kept for the pur- poses of section 86D.
(2) A regulation made under subsection (1) may permit persons to apply for and receive an allocation in respect of a period beginning on— (a) 1 January of the year in which the regulation is made even if the regulation comes into force on a later date in that year: 224 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 161B (b) 1 January or 1 July in a year before the year in which the regulation is made provided the regulation comes into force on or before 31 December 2012.
(3) Before recommending that a regulation be made under subsec- tion (1)(a), the Minister must be satisfied either that the activity to be prescribed as an eligible industrial activity— (a) is— (i) (ii) moderately emissions-intensive or highly emis- sions-intensive; and trade-exposed; or (b) may be treated as meeting the criteria in paragraph (a) under section 161B(1).
(5) (4) Despite anything in this section or section 161B or 161C, a regulation may not be made under subsection (1) that pre- scribes electricity generation as an eligible industrial activity.
The following regulations made under subsection (1) come into force on the day 5 years after the date of their notification in the Gazette or any later date that may be set by the regula- tions: (a) a regulation that revokes a regulation prescribing an ac- tivity as an eligible industrial activity: a regulation that amends a regulation providing that an eligible industrial activity is highly emissions-intensive to provide that the eligible industrial activity is moder- ately emissions-intensive.
(b) Section 161A: inserted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

(2) 161B Australian eligible industrial activities (1) An activity may be treated as meeting the criteria specified in section 161A(3)(a) if the activity is an Australian eligible industrial activity.
If an activity is treated as meeting the criteria specified in sec- tion 161A(3)(a) because it is an Australian eligible industrial activity, any regulations that prescribe that activity as an eli- gible industrial activity must prescribe— (a) the same activity description for the activity, includ- ing (but not limited to) the matters listed in section 225 Part 4 s 161C Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) (c) (d) 161A(1)(b)(i), as the activity description for the Aus- tralian eligible industrial activity; and the same products to be used as a basis for an allocation of New Zealand units in respect of the activity as the products that are, or are likely to be, used as a basis for the allocation of emissions units in respect of the Australian eligible industrial activity; and the same emissions-intensity level of the activity as the emissions-intensity level, or the likely emissions-inten- sity level, of the Australian eligible industrial activity; and for each prescribed product of the activity an allocative baseline or baselines that is or are the same as the alloca- tive baseline or baselines that is or are, or is likely to be or are likely to be, specified as the allocative baseline or baselines of the equivalent product of the Australian eligible industrial activity.
(3) Despite subsection (2)(d), if an Australian electricity alloca- tion factor or Australian natural gas feedstock allocation factor was used in the calculation of an allocative baseline (or likely allocative baseline) of a product of the Australian eligible in- dustrial activity, then the allocative baseline or baselines pre- scribed under section 161A(1)(c) for the equivalent product must be the allocative baseline or baselines that is or are, or is likely or are likely, to be specified as the allocative baseline or baselines of the product of the Australian eligible industrial activity adjusted by substituting an electricity allocation factor or natural gas feedstock allocation factor (as the case may be) prescribed under section 161A(1)(d).
Section 161B: inserted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
161C Other eligible industrial activities (1) For the purposes of section 161A(3)(a), an activity is— (a) moderately emissions-intensive if the specified emis- sions from the activity are equal to or greater than 800 whole tonnes per $1 million of specified revenue from the activity, but less than 1 600 whole tonnes per $1 mil- lion of specified revenue from the activity: 226 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 161C (2) (3) (b) (c) highly emissions-intensive if the specified emissions from the activity are equal to or greater than 1 600 whole tonnes per $1 million of specified revenue from the ac- tivity: trade-exposed unless, in the Minister’s opinion,— (i) there is no international trade of the output of the activity across oceans; or it is not economically viable to import or export the output of the activity.
(ii) If an activity meets the criteria in section 161A(3)(a) in ac- cordance with subsection (1), any regulations that prescribe the activity as an eligible industrial activity and the products to be used as the basis for an allocation of New Zealand units in respect of the activity must prescribe the allocative baseline or baselines of each product, calculated in accordance with the following formula: AB = SE/STA where— AB is the allocative baseline of the product SE STA is the specified total amount of the product from the is the specified emissions from the activity activity.
For the purposes of this section,— (a) the specified revenue from an activity is the amount of revenue obtained by adding together the revenue from the activity of persons who provided the information referred to in section 161D(1)(e)(i)(A) to the Minister in accordance with a notice under section 161D(1) that contained a description of the activity: the specified emissions, in respect of the emissions intensity of an activity, is the number of whole tonnes of included emissions obtained by adding together the included emissions from the activity of persons who provided the information referred to in section 161D(1)(e)(i)(B) to the Minister in accordance with a notice under section 161D(1) that contained a descrip- tion of the activity: (b) 227 Part 4 s 161D Climate Change Response Act 2002 Reprinted as at 8 December 2009 (c) (d) the specified emissions, in respect of the allocative baselines of an activity, is the number of whole tonnes of included emissions obtained by adding together the included emissions from the activity of persons who provided the information referred to in section 161D(1)(e)(i)(C) to the Minister in accordance with a notice under section 161D(1) that contained a descrip- tion of the activity: the specified total amount of product from the activ- ity is the amount of the product obtained by adding to- gether the amount of the product produced by each per- son who provided the information referred to in section 161D(1)(e)(i)(D) to the Minister in accordance with a notice under section 161D(1) that contained a descrip- tion of the activity.
(4) Despite subsection (3)(c), the Minister may adjust the num- ber of whole tonnes of included emissions shown in the in- formation referred to in section 161D(1)(e)(i)(C) provided by any persons carrying out an activity specified in a notice given under section 161D(1) after taking into account any electri- city-related contract that was in force on the date of the notice that affects the electricity cost increase that any of the persons will face due to the obligation imposed by this Act on par- ticipants to surrender units, or any information relating to any such contracts.
If the Minister has adjusted the tonnes of emissions of 1 or more persons under subsection (4), the Minister may use both the information as originally submitted and as adjusted to cal- culate different allocative baselines for the relevant product.

Section 161C: inserted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
(5) 161D Power to require information for purposes of allocation to industry The Minister may, for any of the purposes in subsection (3), by notice in the Gazette— (1) 228 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 161D (a) (b) (c) (d) (e) specify a description of an activity, including the mat- ters listed in section 161A(1)(b)(i) in respect of the ac- tivity: specify in respect of the activity each product that may be used, if the activity is prescribed in regulations as an eligible industrial activity, as the basis for an allocation of New Zealand units in respect of the activity (a spe- cified product): specify in respect of the activity— (i) the emissions that must be included in any in- formation provided under paragraph (e) (the in- cluded emissions); and the emissions that may not be included in any in- formation provided under paragraph (e) (the ex- cluded emissions): (ii) specify the financial years for which information must be provided under paragraph (e): require any person carrying out the activity specified under paragraph (a) on the date of the notice to provide to the Minister— (i) any or all of the following information for the financial years specified in the notice: (A) (B) (C) financial statements that show the total revenue of the person from the activity in those years, calculated in accordance with any methodology specified under paragraph (g)(i): information showing the number of whole tonnes of included emissions from the activity carried out by the person in those years, calculated in accordance with any methodology specified under paragraph (g)(ii) (emissions-intensity): information showing the number of whole tonnes of included emissions from the activity carried out by the person in those years, calculated in accordance with any methodology specified under paragraph (g)(iii) (allocative baselines): 229 Part 4 s 161D Climate Change Response Act 2002 Reprinted as at 8 December 2009 (D) information showing the amount of each specified product produced by
 the person in those years calculated in accordance with any methodology specified under paragraph (g)(iv): copies of any electricity-related contracts in force on the date of the notice that affect the electricity cost increase that the persons carrying out the activity will face owing to the obligation imposed by this Act on participants to surrender units, or any information in relation to such contracts: any other information that would, in the Minis- ter’s opinion, assist the Minister to determine any of the matters listed in subsection (3): (ii) (iii) (f) (g) specify the date by which the information required to be provided under paragraph (e) must be provided to the Minister, which date must be no earlier than 30 working days from the date of the notice: specify a methodology or methodologies for calculat- ing— (i) revenue from the activity for the purpose of para- graph (e)(i)(A): emissions from the activity (emissions-intensity) for the purpose of paragraph (e)(i)(B): emissions from the activity (allocative baselines) for the purpose of paragraph (e)(i)(C): the amount of any specified product from the ac- tivity for the purpose of paragraph (e)(i)(D).
(ii) (iii) (iv) (2) A methodology specified in a notice in accordance with sub- section (1)(g) may incorporate by reference any material re- ferred to in section 169(1), and if material is incorporated by reference, sections 169(2) and (3), 170, and 177 apply with any necessary modifications.
The purpose for which a notice may be issued under subsection (1) is to provide the Minister with the information necessary to determine any 1 or more of the following matters: (a) whether an activity meets the criteria listed in section 161A(3)(a) and, if so, determine— (3) 230 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 161D (i) (ii) whether the activity is highly emissions-inten- sive or moderately emissions-intensive; and the appropriate allocative baseline or baselines for each product of the activity: (b) whether it is necessary to adjust any person’s number of whole tonnes of included emissions provided under subsection (1)(e)(i)(C) in accordance with section 161C(4): any other matter listed in section 161A(1) in respect of an activity: (c) (d) whether any matter should be considered by a review under section 160.
(4) A Gazette notice under subsection (1) is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.
Following the provision of information by any person in ac- cordance with subsection (1)(e), the Minister may give notice to the person— (a) (5) (b) requiring the person to provide any further information that the Minister considers is necessary to enable the verification of the accuracy of the information; and specifying the date by which the further information specified in the notice must be provided to the Minister.
If a person who is required to comply with a notice under sub- section (1) or (5) fails to provide the required information by the date specified in the notice, the Minister may give a no- tice to the person that requires the information to be provided within 10 working days and advises the person that a failure to provide the information within that time period will render the person ineligible for an allocation of New Zealand units in respect of the activity specified in the notice if it is prescribed as an eligible industrial activity.
(6) (7) Despite anything in this Act, if an activity specified in a no- tice made under subsection (1)(a) is subsequently prescribed as an eligible industrial activity, the following persons are not eligible to be allocated New Zealand units under subpart 2 in respect of the eligible industrial activity: 231 Part 4 s 161E Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) any person who carried out the activity at the date of the notice and who without reasonable excuse failed to supply the data and information required by the date specified in a notice given under subsection (6); and any associated person of a person referred to in para- graph (a).
Section 161D: inserted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
161E Requirements in respect of notice given under section 161D Before giving notice of an activity under section 161D(1), the Minister must have regard to the following matters: (a) (b) (c) (d) (e) the requirement to define each activity by reference to a physical, chemical, or biological transformation of in- puts into outputs; and the undesirability of activities being defined by refer- ence to the technology employed, the fuel used, the age of the plant, or the quality of the types of feedstock used when the activity is carried out; and the desirability of defining activities— (i) (ii) consistently and equitably across industries; and in a way that takes into account the impact that definitions may have on business investment, geographical location, and the structure of activ- ities; and in a way that takes into account the potential for intermediate inputs produced when the activity is carried out to be substituted for bought-in inputs; and (iii) the desirability of there being no overlap between activ- ity definitions; and the desirability of activity definitions reflecting activity definitions used in Australia; and any other matters the Minister considers relevant.
(f) For the purposes of section 161D(1)(c),— (a) the emissions that must be included in any informa- tion provided under section 161D(1)(e)(ii) and (iii) may only include— (1) (2) 232 Reprinted as at 8 December 2009 (i) Climate Change Response Act 2002 Part 4 s 161E (B) emissions of greenhouse gases resulting from— the direct use of any coal, natural gas, (A) geothermal fluid, used oil, or waste oil as part of the activity; and the direct use of any coal, natural gas, geothermal fluid, used oil, or waste oil to generate steam that is used as part of the activity; and any of the activities listed in Part 4 of Schedule 3 carried out as part of the ac- tivity; and (C) (ii) a number of whole tonnes of emissions, which must be treated for the purpose of this section and sections 161C and 161D as emissions from the activity, calculated in accordance with the fol- lowing formula: E = MWh × pEAF where— E is the number of whole tonnes of emis- sions from the activity that may be in- cluded in any information submitted under section 161D(1)(e)(ii) and (iii) MWh is the number of megawatt hours of elec- tricity used when the activity is carried out pEAF is a prescribed electricity allocation fac- tor; and (b) the emissions that may not be included in any infor- mation provided under section 161D(1)(e)(ii) and (iii) must include (but are not limited to) emissions result- ing from— (i) the use of machinery and equipment, and other processes, that are not integral to, nor essential to, the physical, chemical, biological, or
 other transformation taking place when the activity is carried out; and any extraction or production of raw materials that are subsequently used when the activity is carried out; and (ii) 233 Part 4 s 161F Climate Change Response Act 2002 Reprinted as at 8 December 2009 (iii) (iv) (v) (vi) (vii) the transportation of inputs used in the activity to storage at the location where the activity is carried out; and the transportation of outputs of the activity from storage at the location where the activity is
 car- ried out to another location; and the transportation of intermediate products be- tween different locations where the activity is carried out; and operations that are complementary to the activ- ity, including (but not limited to) packaging, head office operations, and administration and mar- keting (whether carried out at the same location where the activity is carried out or at another lo- cation); and the generation of electricity at the location where the activity is carried out; and before giving notice of the emissions that must be in- cluded in, or excluded from, any information provided in accordance with a notice issued under section 161D, the Minister must have regard to the following matters: the matters listed in subsection (1); and (i) the desirability of all notices given under section (ii) 161D being consistent with respect to the classes of included and excluded emissions that are spe- cified in the notices.
(c) (3) If an activity specified in a notice under section 161D was car- ried out by any person in each of the financial years 2006/07, 2007/08, and 2008/09, then the notice must specify those fi- nancial years as the financial years for which information must be provided in accordance with the notice.

Section 161E: inserted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
161F Consultation on activities that may be prescribed as eligible industrial activities If an activity is treated as meeting the criteria specified in sec- tion 161A(3)(a) because it is an Australian eligible industrial activity, then before recommending the making of a regulation (1) 234 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 161G (2) (3) under section 161A prescribing the activity as an eligible in- dustrial activity, the Minister must consult, or be satisfied that the chief executive has consulted, the persons (or representa- tives of those persons) that appear to the Minister or the chief executive likely to be substantially affected by any regulation made in accordance with the recommendation.
Before notifying an activity in the Gazette under section 161D, the Minister must consult, or be satisfied that the chief ex- ecutive has consulted, the persons (or the representatives of the persons) that appear to the Minister or the chief executive likely to be substantially affected by the description of the ac- tivity to be notified.
The processes for consultation under subsections (1) and (2) must include— (a) (b) giving adequate and appropriate notice of the proposed terms and conditions of the recommendation or the no- tice and the reasons for them; and the provision of a reasonable opportunity for interested persons to consider the proposed terms and conditions of the recommendation or the notice and make submis- sions; and adequate and appropriate consideration of submissions.
(4) A failure to comply with this section does not affect the valid- (c) (5) ity of— any regulations made under section 161A; or (a) any Gazette notices issued under section 161D.

(b) The Minister is not required to consult under subsection (2) if the Minister issues a notice under section 161D for the sole purpose of requiring persons to provide electricity-related con- tracts or any information related to those contracts.
Section 161F: inserted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
161G Regulations in relation to eligible agricultural activities (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: 235 Part 4 s 161G Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) prescribing in respect of each eligible agricultural activ- ity, as appropriate,— (i) (ii) prescribing, for the purpose of subsection (2),— (i) the product or products of the activity: an allocative baseline for each product: a methodology or methodologies for calculat- ing— (A) the total number of tonnes of methane and nitrous oxide emissions that resulted from the eligible agricultural activity carried out to produce the prescribed product or prod- ucts in the prescribed years; and the total amount of each prescribed prod- uct produced from the eligible agricultural activity in the prescribed years; and the year or years for the purposes of subparagraph (i): (B) (ii) (c) (d) prescribing a methodology or methodologies for calcu- lating the amount of any prescribed product of an eli- gible agricultural activity for the purposes of sections 85 and 161H: prescribing information that must be kept for the pur- poses of section 86D.
(2) For the purposes of subsection (1)(a)(ii), the allocative base- line for each prescribed product of an eligible agricultural ac- tivity must be calculated using the following formula: AB = ∑(E) / ∑(PDCT) where— AB is the allocative baseline for the product E is the total number of tonnes of methane and nitrous oxide emissions that resulted from the eligible agricul- tural activity carried out to produce the product in the prescribed year or years, calculated in accordance with methodologies prescribed in regulations made under this Act PDCT is the total amount of the product produced from the eligible agricultural activity in the prescribed year or 236 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 161G (3) (4) ∑ years, calculated in accordance with methodologies pre- scribed in regulations made under this Act is the symbol for the summation of E for the year or years for which E must be calculated (as prescribed by regulations made under this Act) and of PDCT for the year or years for which PDCT must be calculated (as prescribed in regulations made under this Act).
Before recommending the making of a regulation under sub- section (1) prescribing the allocative baseline or baselines of an eligible agricultural activity, the Minister must consult, or be satisfied that the chief executive has consulted, the persons (or representatives of the persons) that appear to the Minister or the chief executive likely to be substantially affected by any regulation made in accordance with the recommendation.
The process for consultation under subsection (3) must in- clude— (a) (b) giving adequate and appropriate notice of the proposed allocative baseline or baselines and the reasons for them; and the provision of a reasonable opportunity for interested persons to consider the proposed allocative baseline or baselines and make submissions; and adequate and appropriate consideration of submissions.
(5) A failure to comply with subsections (3) and (4) does not affect (c) the validity of any regulations made under subsection (1).
(6) Despite section 4, in this section and section 161H, eligible agricultural activity— (a) means any activity or subclass of any activity listed in (b) Part 5 of Schedule 3; but excludes any activity or subclass of any activity listed in subpart 2 or 4 of Part 5 of Schedule 3, unless an Order in Council has been made under section 2A(8) or (9) in respect of any such activity or subclass of activity.
Section 161G: inserted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
237 Part 4 s 161H Climate Change Response Act 2002 Reprinted as at 8 December 2009 161H Power to request information showing output from (1) eligible agricultural activities The Minister may, after 1 January 2011, by notice in the Gazette,— (a) (b) (c) (d) (e) specify an eligible agricultural activity in respect of which information must be provided under paragraph (d): specify, in respect of the eligible agricultural activity specified under paragraph (a), the product or products of the eligible agricultural activity in respect of which the information must be provided under paragraph (d): specify the year or years for which information must be provided under paragraph (d): require any person carrying out the eligible agricultural activity on the date of the notice to provide to the Minis- ter information that shows the amount of each specified product from the activity specified by the person in the year or years specified in the notice, determined (if rele- vant) in accordance with any prescribed methodologies: specify the date by which the information specified in the notice must be provided to the Minister, which must be no earlier than 30 working days from the date of the notice.
(2) If a person who is required to comply with a notice given under subsection (1) fails to provide the required information by the date specified in the notice, the Minister may give written no- tice to the person that requires the information to be provided within 10 working days and advises the person that a failure to provide the information within that time period will render the person ineligible for an allocation of New Zealand units in respect of the activity.
(3) Despite anything in this Act, if notice is given under subsection (1) requiring a person to provide information with respect to an eligible agricultural activity, the following persons are not eligible to be allocated New Zealand units under subpart 2 in respect of the eligible agricultural activity: (a) any person who— (i) carried out the activity at the date of the notice given under subsection (1); and 238 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 162 (ii) failed, without reasonable excuse, to supply the data and information required by the date speci- fied in the notice given under subsection (2); and any associated person of a person referred to in para- graph (a).
(b) (4) A Gazette notice under subsection (1) is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.

Section 161H: inserted, on 8 December 2009, by section 56 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
(2) 162 Regulations adding further activity to Part 2 of Schedule 4 The Governor-General may, by Order in Council, in accord- (1) ance with a recommendation of the Minister, amend Part 2 of Schedule 4 by adding a further activity to that Part.
Before making a recommendation under subsection (1), the Minister must consult, or be satisfied that the chief executive has consulted, the persons (or representatives of those persons) that appear to the Minister or the chief executive likely to be substantially affected by any Order in Council made in accord- ance with the recommendation.
The process for consultation should, to the extent practicable in the circumstances, include— (a) (3) the proposed terms of the recommendation; and the reasons for it; and giving adequate and appropriate notice of— (i) (ii) the provision of a reasonable opportunity for interested persons to consider the recommendation and make sub- missions; and adequate and appropriate consideration of submissions.
(b) (c) (4) An Order in Council made under subsection (1)— (a) takes effect for the removal activity or activities con- cerned on and from— (i) 1 January of the next year, if made on or before 30 June in any year; or 1 July of the next year, if made on or after 1 July in any year; and (ii) 239 Part 4 s 163 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) expires,— (i) if made on or before 30 June in any year, on the close of 31 December of that year, except so far as it is expressly confirmed by Act of Parliament passed during that year; or if made on or after 1 July in any year, on the close of 30 June in the following year, except so far as it is expressly confirmed by Act of Parliament passed before the latter date.
(ii) Section 162: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
163 Regulations relating to methodologies and verifiers (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: (a) prescribing the data or other information that must be collected under section 62(a) in respect of an activity, and, if relevant, the mechanism or method by which the data or information must be collected; and authorising, in respect of an activity listed in Part 1 of Schedule 3 or Part 1 of Schedule 4, the chief executive to specify the location where, and the device by which, the data or other information prescribed in accordance with paragraph (a) must be collected; and prescribing a methodology or methodologies for calcu- lating emissions or removals from an activity for the purposes of section 62(b); and prescribing the data or other information, or the calcu- lations of emissions or removals, that must be verified by a person or organisation recognised by the chief ex- ecutive under section 92; and authorising the chief executive to issue guidelines or standards by notice in the Gazette in relation to the data or information prescribed under paragraph (a), and pro- viding that compliance with the guidelines or standards is to be treated as compliance with the relevant require- ments in the regulations; and prescribing, for the purposes of section 92,— (ab) (b) (c) (d) (e) 240 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 163 (i) (ii) (iii) the process by which a person or organisation may be recognised as being able to verify infor- mation or calculations for the purposes of section 62(a) or (c) or unique emissions factors for the purposes of regulations made under section 164; and the expertise, technical competence, or qualifica- tions required for recognition as a person or or- ganisation able to verify unique emissions factors or information relating to 1 or more types of data or information, the calculations of certain types of emissions or removals, or 1 or more
 activities; and any additional— (A) requirements for recognition of an organ- isation; and restrictions on the employees of the organ- isation who may carry out the duties of the organisation in respect of the recognition; and (B) (v) (iv) the period for which a person or organisation may be recognised, and the process for the renewal of recognition; and conditions of recognition, which may include (but are not limited to) ongoing competency and professional standard requirements, membership of a professional body, and the provision of reports to the chief executive; and the procedure for, and circumstances in which, recognition may be suspended or revoked; and fees for recognition of a person or organisation, which may vary depending on the class of per- sons or organisations, or the type of verification in respect of which recognition is sought.
(2) A regulation made under subsection (1) may apply— (vii) (vi) (a) generally or with respect to different classes of activity, persons, parts of New Zealand, or other things; or 241 Part 4 s 163 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) (c) in respect of the same classes of activity, persons, parts of New Zealand, or other things, in different circum- stances; or generally or at any specified time of each year.
(3) A regulation made under subsection (1)(a) to (d) may have retrospective effect if the regulation is expressed to apply from the commencement of the year in which it is made, or in re- spect of a period after any particular date within the year in which it is made.
(4) A regulation made under subsection (1)(b), and any associated regulations made under other paragraphs of subsection (1),— (a) may, without limiting subsection (1), relate to emissions or removals that— (i) (ii) stem directly from an activity; or are associated with a product or other thing that is the subject of the activity; and (b) may require the use of a computer programme available via the Internet site of the department of the chief execu- tive; and (c) must not cover any emissions in respect of which an- other person is required to surrender units or any re- movals of greenhouse gases in respect of which another person is entitled to a transfer of New Zealand units under this Act.
(5) In making a recommendation in relation to a regulation under subsection (1)(a) or (b), the Minister must have regard to New Zealand’s international obligations (if any) in respect of the collection of data and information relating to, and the meas- urement of, emissions and removals from the activity.
(6) Any guidelines or standards issued by the chief executive under regulations made under subsection (1)(d) are regula- tions for the purposes of the Regulations (Disallowance) Act 1989, but not for the purposes of the Acts and Regulations Publication Act 1989.

Section 163: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 163(1)(ab): inserted, on 8 December 2009, by section 57 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
242 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 166 164 Regulations relating to unique emissions factors If regulations made under section 163(1)(b) require emissions or removals to be calculated by reference to a default emis- sions factor, the Governor-General may, by Order in Council made on the recommendation of the Minister, make regula- tions— (a) providing for a process by which a participant may apply to the chief executive for approval to use a unique emissions factor: prescribing the information that must be collected to support an application for use of a unique emissions factor: prescribing the criteria for a unique emissions factor, which may include (but are not limited to)— (i) (b) (c) the percentage by which a unique emissions fac- tor must vary from the default emissions factor, before an application for a unique emissions fac- tor may be made: the types of greenhouse gases to be reflected in the unique emissions factor: how the unique emissions factor is to be calcu- lated: any criteria by which the default emissions factor has been set, that reflect the matters in section 163(4): a requirement that the unique emissions factor be verified by a recognised verifier.
(ii) (iii) (iv) (v) Section 164: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) 166 Procedure for regulations relating to methodologies, verification, unique emissions factors, and offsetting Before making a recommendation for the making of regula- tions under section 163, 164, or 165, the Minister must con- sult, or be satisfied that the chief executive has consulted, the persons (or representatives of those persons) that appear to the Minister or the chief executive likely to be substantially af- fected by any regulations made in accordance with the recom- mendation.
243 Part 4 s 167 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (2) (3) (b) The process for consultation must include— (a) giving adequate and appropriate notice of the proposed terms of the recommendation, and of the reasons for it; and the provision of a reasonable opportunity for interested persons to consider the recommendation and make sub- missions; and adequate and appropriate consideration of submissions.
(c) Regulations referred to in this section come into force 3 months after the date of their notification in the Gazette or any later date that may be set out in the regulations.

(4) A failure to comply with this section does not affect the valid- ity of regulations made under section 163, 164, or 165.

Section 166: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
167 Regulations relating to fees and charges (1) The Governor-General may, by Order in Council, make regu- lations prescribing the amount of any fees payable under this Part or Part 5 and the procedures for payment.
The Governor-General may, by Order in Council, make regu- lations prescribing the fees or charges payable by a person— who has made an application for an emissions ruling (a) under section 107, to enable the recovery of all or part of the direct and indirect costs of the chief executive in— (i) (ii) receiving and processing the application; and considering whether to make the ruling, making the ruling, or declining to make the ruling; or (b) who is a participant, or who has applied to be a par- ticipant, in respect of an activity listed in Part 1 or 2 of Schedule 4, to enable the recovery of all or part of the direct and indirect costs of the chief executive in— (i) publicising and informing people about the op- eration of this Part and Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4: administering the operation of this Part and Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4: (ii) (2) 244 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 167 (iii) (iv) enforcing and monitoring compliance with this Part or Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4: doing anything else authorised or required under this Part or Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4.
(3) (4) Examples of the costs that may be recovered under subsection (2) include (but are not limited to)— (a) (b) the cost of processing applications and returns: the costs of providing, operating, and maintaining systems, databases, and other processes in connection with— (i) (ii) the making of emissions rulings; or the administration of this Part or Part 5 in relation to an activity listed in Part 1 or 2 of Schedule 4: the costs of services provided by third parties.
(c) Regulations made under subsection (2) may— (a) specify the persons or classes of persons by whom any fees and charges prescribed or fixed are payable; and provide for partial cost recovery from one class of per- sons and full cost recovery from another (if this is de- sirable to further the purposes of this Act); and prescribe the matters for which direct and indirect costs may be recovered; and prescribe a scale of fees and charges, or a rate based on the time involved in carrying out the function or duty or in exercising the power; and prescribe a scale of fees and charges, or a fee or charge for a prescribed function, power, or duty; and prescribe a formula for fixing fees and charges; and prescribe an annual fee or charge, or classes of fees or charges, payable by participants or classes of partici- pants; and prescribe the time of payment of fees and charges, the means of collection of fees and charges, and the person who is responsible for paying a fee or charge; and authorise the chief executive to recover the full costs of services from third parties (other than services in re- (b) (c) (d) (e) (f) (g) (h) (i) 245 Part 4 s 168 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (j) spect of which a fee or charge is prescribed) in circum- stances prescribed in the regulations; and authorise the chief executive to grant, in whole or in part, an exemption, waiver, or refund in relation to any fee or charge.
(5) Subsection (2) is subject to sections 173(2) and 174(1) (which relate to material incorporated by reference).

Section 167: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 167(2): substituted, on 8 December 2009, by section 58(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 167(3)(b): substituted, on 8 December 2009, by section 58(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 167(4)(h): amended, on 8 December 2009, by section 58(3) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 167(4)(i): added, on 8 December 2009, by section 58(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 167(4)(j): added, on 8 December 2009, by section 58(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
168 Other regulations (1) The Governor-General may, by Order in Council, make regu- lations for 1 or more of the following purposes: (a) specifying the fuel that is obligation fuel and the jet fuel that is obligation jet fuel for the purposes of this Act; and prescribing matters in respect of which applications for emissions rulings may be made; and [Repealed] prescribing a date by which an application to the chief executive must be submitted under section 183; and prescribing forest species that are tree weeds for the purposes of section 184; and prescribing criteria for carbon accounting areas; and requiring notification by the chief executive of the status of forest land or any changes to the status of forest land under section 195; and (b) (c) (ca) (d) (e) (f) 246 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 168 (l) (g) (k) (h) (i) (j) providing for the circumstances in which a notice of the status of forest land must be cancelled by the Registrar- General of Land, a Registrar of the Maori Land Court, or the Registrar of Deeds; and [Repealed] [Repealed] prescribing a format or formats for the keeping of records under section 62(d); and prescribing the form and manner in which any appli- cation, return, information, or other document must be submitted or notified under this Part and Part 5, and the particulars to be provided in the application, return, or other document; and prescribing the information that must be provided in or with applications or other documents under this
 Part and Part 5; and prescribing a threshold for the purposes of any removal activity listed in Part 2 of Schedule 4; and prescribing criteria for registering as a participant in re- lation to an activity listed in subpart 2 of Part 2 of Sched- ule 4, which may include criteria for the type of carbon dioxide capture and storage in respect of which a person may register as a participant; and providing for any other matters contemplated by this Part and Part 5 or Schedules 3 and 4, necessary for their administration, or necessary for giving them full effect.
The power to prescribe the form of any application, return, information, or other document under subsection (1) includes the power to prescribe an electronic format to be used for the electronic transmission of data to or between computers.

Section 168: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(m) (o) (n) Section 168(1)(c): repealed, on 8 December 2009, by section 59(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 168(1)(ca): inserted, on 1 July 2009, by section 4 of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).

Section 168(1)(ca): amended, on 8 December 2009, by section 59(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
247 (2) Part 4 s 169 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 168(1)(h): repealed, on 8 December 2009, by section 59(3) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 168(1)(i): repealed, on 8 December 2009, by section 59(3) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
169 (1) Incorporation by reference in regulations made under section 163, 164, 165, 167, or 168 The following written material may be incorporated by refer- ence in regulations made under section 163, 164, 165, 167, or 168: (a) decisions, computer programmes, rules, guidelines, principles, measures, methodologies, modalities, pro- cedures, mechanisms, or other matters; and any standards, requirements, or recommended practices of a government agency, standard-setting organisation, or professional body.
(b) (2) Material may be incorporated by reference in regulations— in whole or in part; and (a) (b) with modifications, additions, or variations specified in the regulations.

(3) Material incorporated by reference in regulations has legal ef- fect as part of the regulations.

Section 169: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 169 heading: amended, on 1 July 2009, by section 10 of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
170 Effect of amendments to, or replacement of, material incorporated by reference in regulations An amendment to, or replacement of, material incorporated by reference in regulations (regulations A) has legal effect as part of regulations A only if regulations made under section 163, 164, 165, 167, or 168, as may be applicable, after the making of regulations A, state that the particular amendment or replacement has that effect.
Section 170: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
248 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 173 171 Proof of material incorporated by reference (1) A copy of any material incorporated by reference in regula- tions, including any amendment to, or replacement of, the ma- terial (material) must be— (a) certified as a correct copy of the material by the chief executive; and retained by the chief executive.
(b) The production in proceedings of a certified copy of the ma- terial incorporated by reference is, in the absence of evidence to the contrary, sufficient evidence that the material produced is the material incorporated by reference in regulations.

Section 171: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(2) 172 Effect of expiry of material incorporated by reference Material incorporated by reference in regulations that expires, or that is revoked or that ceases to have effect, ceases to have legal effect as part of the regulations only if regulations made under section 163, 164, 165, 167, or 168 as may be applicable state that the material ceases to have legal effect.

Section 172: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
173 Requirement to consult (1) This section applies to regulations made under section 163, 164, 165, 167, or 168 that— (a) (b) incorporate material by reference: state that an amendment to, or replacement of, material incorporated by reference in regulations has legal effect as part of the regulations.
(2) Before regulations to which this section applies are made, the chief executive must— (a) make copies of the material proposed to be incorpor- ated by reference, or the proposed amendment to or re- placement of material incorporated by reference (pro- posed material), available for inspection during work- ing hours for a reasonable period, free of charge, at the office of the chief executive; and 249 Part 4 s 174 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) make copies of the proposed material available for pur- chase at a reasonable price; and give notice in the Gazette stating— (i) that the proposed material is available for inspec- tion during working hours, free of charge; and the place where the proposed material can be in- spected, and the period during which it can be inspected; and that copies of the proposed material can be pur- chased; and the place where the proposed material can be pur- chased; and (ii) (iii) (iv) (c) (d) (3) (4) allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and consider any comments these persons make.
(e) The reference in subsection (2) to the proposed material in- cludes, if the material is not in an official New Zealand lan- guage, an accurate translation of the material in an official New Zealand language.
Before regulations to which this section applies are made, the chief executive— (a) may make copies of the proposed material available in any other way that the chief executive considers appro- priate in the circumstances (for example, via an Internet site); and (b) must, if paragraph (a) applies, give notice in the Gazette stating that the proposed material is available in other ways and details of where or how it can be accessed or obtained.
(5) A failure to comply with this section does not invalidate regu- lations that incorporate material by reference.

Section 173: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
174 Public access to material incorporated by reference (1) The chief executive— 250 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 4 s 174 (a) must make the material specified in subsection (2) (ma- terial) available for inspection during working hours, free of charge, at the office of the chief executive; and (b) must make copies of the material available for purchase at a reasonable price at the office of the chief executive; and (c) may make copies of the material available in any other way that the chief executive considers appropriate in the circumstances (for example, via an Internet site); and (d) must give notice in the Gazette stating— (i) (ii) (iii) (iv) (v) (vi) that the material is incorporated in the regulations and the date on which the regulations were made; and that the material is available for inspection during working hours, free of charge; and the place where it can be inspected; and that copies of the material can be purchased; and the place where the material can be purchased; and that, if copies of the material are made available under paragraph (c), the material is available in other ways and the details of where or how the material can be accessed or obtained.
(2) The material is— (a) material incorporated by reference in regulations made (b) under section 163, 164, 165, 167, or 168: any amendment to, or replacement of, that material that is incorporated in the regulations or the material speci- fied in paragraph (a) with the amendments or replace- ment material incorporated: if the material specified in paragraph (a) or (b) is not in an official New Zealand language, an accurate transla- tion of the material in an official New Zealand language.
(3) A failure to comply with this section does not invalidate regu- (c) lations that incorporate material by reference.

Section 174: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
251 Part 4 s 175 Climate Change Response Act 2002 Reprinted as at 8 December 2009 175 Acts and Regulations Publication Act 1989 not applicable to material incorporated by reference The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in regulations or to an amendment to, or replacement of, that material.

Section 175: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
176 Application of Regulations (Disallowance) Act 1989 to material incorporated by reference Nothing in section 4 of the Regulations (Disallowance) Act 1989 requires material that is incorporated by reference in regulations to be presented to the House of Representatives.

Section 176: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
177 Application of Standards Act 1988 not affected Sections 169 to 176 do not affect the application of sections 22 to 25 of the Standards Act 1988.

Section 177: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
178 Recovery of fees or charges (1) A fee or charge that is not paid in accordance with regulations made under this Part may be recovered from the person liable to pay the fee or charge by the chief executive in any court of competent jurisdiction.

The chief executive may enter into any agreement or arrange- ment, on any terms that the chief executive thinks fit, with any person to collect, or assist in the collection of, any fees or charges that are payable.
Section 178: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(2) Part 5 Sector specific provisions Part 5: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
252 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 179 Subpart 1—Forestry sector Subpart 1: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

General Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
179 Forest land to be treated as deforested in certain cases (1) Without limiting paragraph (a) of the definition of deforest in section 4(1), a hectare of forest land must be treated as defor- ested for the purposes of this Act, if the forest species on that land have been cleared and— (a) 4 years after clearing, the hectare has not— (i) been replanted with at least 500 stems of forest species; or naturally established a covering of at least 500 stems of forest species; or (ii) (2) (b) (c) 10 years after clearing, predominantly exotic forest species are growing, but that hectare does not have tree crown cover of at least 30% from trees that have reached 5 metres in height; or 20 years after clearing, predominantly indigenous forest species are growing, but that hectare does not have tree crown cover of at least 30% from trees that have reached 5 metres in height.
If forest land is to be treated as deforested under subsection (1),— (a) the deforestation is to be treated as having been carried out 4 years, 10 years, or 20 years, after the clearing of the forest species, as the case may be; but the liability in respect of the deforestation must be cal- culated by reference to the age and forest species of the trees cleared 4 years, 10 years, or 20 years earlier, as the case may be.
(b) (3) Nothing in this section limits the chief executive’s ability to exercise powers under section 121 in respect of the deforesta- tion of a hectare of forest land whenever the chief executive considers that— 253 Part 5 s 180 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) the hectare has been converted to land that is not forest land; and any obligations imposed under this Act in respect of the deforestation have not been complied with.
Section 179: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Pre-1990 forest land Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
180 Participant in respect of pre-1990 forest land (1) If the activity listed in Part 1 of Schedule 3 is carried out, the landowner of the pre-1990 forest land is to be treated as the person carrying out the activity unless the chief executive is satisfied that— (a) the right to decide to deforest the pre-1990 forest land was vested in a third party, whether before or after 1 January 2008; and (b) the landowner had no control over the decision.
If the chief executive is satisfied that the criteria specified in subsection (1)(a) and (b) are met, the third party is to be treated as the person carrying out the activity.

To avoid doubt, for the purposes of this Act, no person, other than a landowner or, in the circumstances in subsection (2), a third party, is to be treated as carrying out an activity listed in Part 1 of Schedule 3.
Section 180: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(2) (3) 181 When deforestation to be treated as occurring in respect of pre-1990 forest land Subject to subsection (3), a landowner (or in the circumstances in section 180(2), a third party) converting a hectare of pre- 1990 forest land to land that is not forest land, is to be treated as carrying out an activity listed in Part 1 of Schedule 3 on the date the hectare is cleared as part of the deforestation process.
(1) 254 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 183 (2) Subsection (3) applies to a landowner converting a hectare of pre-1990 forest land that was cleared but not deforested prior to— (a) (b) the forest land being transferred to the landowner; or control of the forest land reverting to that landowner following the expiry or termination of a forestry right, Crown forestry licence, lease, or other agreement that relates to the land.
(3) A landowner to whom this subsection applies is to be treated as carrying out an activity listed in Part 1 of Schedule 3 on the date of the first action on the hectare of pre-1990 forest land following— (a) the date of transfer of the land that is inconsistent with the hectare remaining forest land; or the date of the expiry or termination of the forestry right, Crown forestry licence, lease, or other agreement relat- ing to the land that is inconsistent with the hectare re- maining forest land.
(b) (4) This section applies only if section 4(5) does not apply.

Section 181: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 181(4): added, on 8 December 2009, by section 60 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
183 Applications for exemption for land holdings of less than (1) 50 hectares of pre-1990 forest land This section applies to a person who— (a) is a landowner of an area of pre-1990 forest land at the date of issue of the allocation plan referred to in section 72; or (b) was the landowner of an area of pre-1990 forest land that was converted to land that is not forest land between 1 January 2008 and the date of issue of the allocation plan referred to in section 72 at the date of the land’s conversion.
(2) A person to whom this section applies may apply to the chief executive for the area of pre-1990 forest land to be declared exempt land if— 255 Part 5 s 183 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) (c) the area is less than 50 hectares; and the area was owned on 1 September 2007 by a person or persons who, along with any associated persons, owned in total less than 50 hectares of pre-1990 forest land; and no allocation of units to a landowner has been made in respect of the area under an allocation plan under section 72.
(3) An application under subsection (2) must— (a) (b) (c) (d) (e) (ii) be submitted to the chief executive by— (i) the date prescribed by regulations made under section 168(1)(ca); or in the absence of a date prescribed by regulations made under section 168(1)(ca), the date specified by public notice given by the chief executive; and be in the prescribed form and accompanied by the pre- scribed fee (if any); and contain details of the area of pre-1990 forest land to which the application relates; and be accompanied by evidence showing that the land is pre-1990 forest land; and be accompanied by a statutory declaration from each person who owned the land on 1 September 2007 (other than a joint tenant who is a professional trustee) that the person, together with any associated persons of that person, owned on 1 September 2007 in total less than 50 hectares of pre-1990 forest land; and be signed by the applicant; and be accompanied by any other prescribed information.
(f) (g) If the chief executive is satisfied that the applicant is a person to whom this section applies, the land is pre-1990 forest land, and each of the criteria specified in subsection 2(a) to (c) is met, the chief executive must— (a) (b) declare the land to be exempt land; and notify the applicant that the land has been declared ex- empt land.
(4) (5) Despite subsection (3)(a), the chief executive may, at his or her discretion, accept applications after the date specified in the public notice given under subsection (3)(a)(ii) or prescribed by regulations under section 168(1)(ca).
256 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 183 (6) (7) The following rules apply for the purposes of determining, under subsection (2)(b), whether an area of pre-1990 forest land was owned on 1 September 2007 by a person or persons who, along with any associated persons, owned in total less than 50 hectares of pre-1990 forest land: (a) the chief executive must consider only pre-1990 forest land in respect of which the person or associated person was a landowner on 1 September 2007; and if land was owned by persons as joint tenants,— (i) (b) in the case where 1 or more of the joint tenants is a professional trustee, each of the joint ten- ants other than the professional trustee or trustees must individually have been a landowner of less than 50 hectares of pre-1990 forest land; or in the case where none of the joint tenants is a professional trustee, each of the joint tenants must individually have been a landowner of less than 50 hectares of pre-1990 forest land; and (ii) (c) if land was owned by persons as tenants in common, each tenant in common’s interest in the land is to be treated as a divided interest on 1 September 2007. in relation to pre-1990 forest land, means to be a For the purposes of this section,— own, landowner of the land professional trustee means a trustee whose profession, em- ployment, or business is or includes acting as a trustee or in- vesting money on behalf of others.
Section 183: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 183(1)(a): amended, on 8 December 2009, by section 61(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 183(1)(b): amended, on 8 December 2009, by section 61(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 183(2)(c): amended, on 8 December 2009, by section 61(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 183(3): amended, on 1 July 2009, by section 5(1) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
257 Part 5 s 184 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 183(3)(a): substituted, on 1 July 2009, by section 5(2) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).

Section 183(3)(a)(ii): amended, on 8 December 2009, by section 61(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 183(5): amended, on 1 July 2009, by section 5(3) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
184 Exemptions for deforestation of land with tree weeds (1) The chief executive may give public notice that exemptions are available in relation to the deforestation of pre-1990 forest land if— (a) a forest species growing on the land, or that was cleared from the land as part of the deforestation process on or after 1 January 2008, is or was a specified type of tree weed; and no allocation of units to a landowner has been made in respect of the land under the pre-1990 forest land allocation plan.
(b) (2) A notice given under subsection (1) must include— (a) (b) (c) (d) the types of tree weeds in respect of which exemptions may be available; and the criteria and priorities by which exemptions will be assessed, which may include the type of tree weed, the location of forest land, or any other matter; and the date by which applications for exemptions under this section must be received by the chief executive; and the number of whole tonnes of emissions from the de- forestation of the specified types of tree weed that will be covered by exemptions granted in relation to the no- tice.
(3) If a notice has been given under subsection (1), the landowner of pre-1990 forest land on which there is or was a specified type of tree weed or, in the circumstances referred to in section 180, a third party may apply to the chief executive for the land to be declared exempt land.
(4) An application for an exemption under subsection (3) must— 258 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 184 (a) (b) (c) (d) be submitted to the chief executive before the date no- tified under subsection (2)(c); and be in the prescribed form and accompanied by the pre- scribed fee (if any); and contain details of the land to which the application re- lates; and be accompanied by evidence that— (i) (ii) the land is pre-1990 forest land; and a forest species growing on the land, or that grew on the land before it was cleared as part of the deforestation process, is or was a specified type of tree weed; and be signed by the applicant; and be accompanied by any other prescribed information.
(e) (f) The chief executive must consider every application received under subsection (4) against the criteria, and priorities in, and the number of whole tonnes of emissions that are to be covered by exemptions granted in respect of, the relevant notice given under subsection (1) and— (a) may declare the land, or any part of the land, to be ex- empt land, if satisfied that— (i) the applicant is eligible to apply for the exemp- tion under subsection (3); and the land is pre-1990 forest land; and the criteria specified in subsection (1) are met; and (ii) (iii) (b) must, if the chief executive declares any land to be ex- empt land, notify the applicant accordingly.
The clearing of tree weeds on exempt land that has not been cleared before the land was declared exempt land must be— commenced within 24 months of the date of notification (a) of the exemption; and completed by the end of— (i) (b) the first commitment period, if the exemption is granted in that commitment period; or any subsequent commitment period in which the exemption is granted; or if there is no subsequent commitment period,— (ii) (iii) 259 (5) (6) Part 5 s 184 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (A) (B) the 5-year period commencing on 1 Janu- ary 2013, if the exemption is granted in that 5-year period; or any subsequent 5-year period, after the period in subsubparagraph (A), in which the exemption is granted.
(7) Any land that is declared to be exempt land under this section ceases to be exempt land if either of the conditions specified in subsection (6) is breached.
If a person is convicted of an offence under section 132 or 133 in relation to an application under this section,— (a) (8) the person must be treated as a person who has failed to submit an annual emissions return in respect of an activity listed in Part 1 of Schedule 3 when required to do so under this Act; and the chief executive must make an assessment of the mat- ters that should have been in the person’s annual emis- sions return and the number of units the person would have been liable to surrender if the land had not been exempt land; and the person is liable to surrender the number of units in the assessment under paragraph (b); and section 123(1) to (3) and the other provisions of this Act apply as if the assessment under paragraph (b) was an assessment under section 121.
(b) (c) (d) in a pest management strategy under For the purposes of this section, tree weed means a tree that is defined or designated as— (a) a pest Biosecurity Act 1993; or a tree weed in regulations made under this Act.

(b) Section 184: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
the Section 184(1)(a): substituted, on 8 December 2009, by section 62(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 184(1)(b): substituted, on 8 December 2009, by section 62(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 184(2)(b): amended, on 8 December 2009, by section 62(3) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
(9) 260 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 186 Section 184(2)(c): amended, on 8 December 2009, by section 62(4) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 184(2)(d): added, on 8 December 2009, by section 62(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 184(3): amended, on 8 December 2009, by section 62(5) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 184(4)(d)(ii): substituted, on 8 December 2009, by section 62(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 184(5): amended, on 8 December 2009, by section 62(7) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 184(5)(b): amended, on 8 December 2009, by section 62(8) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 184(6): substituted, on 8 December 2009, by section 62(9) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 184(9): substituted, on 8 December 2009, by section 62(10) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
185 Effect of exemption The status of pre-1990 forest land as exempt land runs with the land and is not affected by any change in the ownership of the land.

Section 185: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(2) 186 Methodology for pre-1990 forest land (1) Subsection (2) applies where the trees cleared from pre-1990 forest land by a person carrying out the activity in Part 1 of Schedule 3 are 8 years or younger.
If this subsection applies, the participant must,— (a) for the purposes of sections 62(b) and 65(2)(b), apply any prescribed methodology and calculate and record the emissions from the activity as if the trees cleared from the pre-1990 forest land were trees of the age and species of the oldest trees of the predominant species (as determined by regulations made under section 163) 261 Part 5 s 187 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) cleared from the pre-1990 forest land during the previ- ous 9 years; and surrender units under this Act based on emissions cal- culated and recorded in accordance with paragraph (a).
(3) A methodology for calculating emissions from the activity in Part 1 of Schedule 3 prescribed in regulations under section 163 must relate to the trees that are cleared from the pre-1990 forest land as part of the deforestation activity.

Section 186: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Post-1989 forest land Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
187 Conditions on registration as participant in respect of certain activities relating to post-1989 forest land (1) A person may not be registered as a participant under section 57 in respect of an activity listed in Part 1 of Schedule 4 that relates to— (a) owning any post-1989 forest land, unless the person is the landowner of the post-1989 forest land and— (i) (ii) there is no forestry right or lease registered in respect of that land; or the person has the written agreement of any holder of a registered forestry right or registered lease in respect of that land to the person regis- tering as a participant; or (b) holding a registered forestry right or being the lease- holder under a registered lease in respect of any post- 1989 forest land, unless the person,— (i) is the holder of the registered forestry right or the leaseholder of the registered lease; and has the written agreement of the landowner of the land to the forestry right holder or leaseholder, as the case may be, registering as a participant.
(ii) (2) A person may not be registered as a participant under sec- tion 57 in respect of carrying out an activity listed in Part 1 262 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 187 of Schedule 4 in relation to exempt land that has been defor- ested unless the person— (a) has submitted an emissions return to the chief executive that— (i) records the emissions from the deforestation of the land— (A) (B) that would have been required to have been recorded in an annual emissions re- turn under section 65, had the land not been declared to be exempt land; and calculated in accordance with the meth- odology or methodologies prescribed for the deforestation activity listed in Part 1 of Schedule 3 that were applicable when the land was deforested; and (ii) (iii) (iv) contains an assessment of the liability to surren- der units that would have arisen in relation to the deforestation had the land not been declared to be exempt land; and is accompanied by the prescribed fee (if any) and any other prescribed information; and is signed by the person submitting the applica- tion; and (b) has surrendered, within 20 working days of submission of the emissions return under paragraph (a), the number of units listed in the assessment under paragraph (a)(ii); and complies with subsection (1), if applicable.
(c) To avoid doubt, if there is a person registered as a participant in respect of carrying out an activity listed in Part 1 of Schedule 4 in respect of any post-1989 forest land, no other person may be registered as a participant in respect of carrying out a different activity listed in Part 1 of Schedule 4 in respect of that land.
(3) (4) A person may not be registered as a participant under sec- tion 57 in respect of carrying out an activity listed in Part 1 of Schedule 4 in respect of post-1989 forest land unless— (a) any action taken by the person in respect of the post- 1989 forest land since 1 January 2008 (including, but not limited to, removal of any existing vegetation before 263 Part 5 s 188 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) planting of a forest species on the land) complied with the Resource Management Act 1991, including any plan under that Act, or the Forests Act 1949 that was in force at the time the action was taken; and if the post-1989 forest land is subject to a pest manage- ment strategy under the Biosecurity Act 1993 that im- poses requirements in respect of any forest species on the land, the person— (i) (ii) has complied with the requirements; or verified that any other person required to comply with the requirements has done so.
Section 187: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 187(3): amended, on 8 December 2009, by section 63(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 187(4): added, on 8 December 2009, by section 63(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
188 Registration as participant in respect of post-1989 forest land (1) An application under section 57 to be registered as a partici- pant in respect of an activity listed in Part 1 of Schedule 4— (a) may be submitted for all post-1989 forest land in respect of which the applicant carries out the activity, or any part of the land in respect of which the applicant carries out the activity; and (b) must define the carbon accounting area or areas in re- spect of which the applicant wishes to be a participant; and (c) must be accompanied by a declaration, in the prescribed form, that— (i) any action taken by the applicant since 1 Janu- ary 2008 in relation to the post-1989 forest land in respect of which the application is submitted (including, but not limited to, removal of any existing vegetation before planting of a forest species on the land) complied with the Resource Management Act 1991, including any plan under 264 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 188 (ii) that Act, or the Forests Act 1949, that was in force at the time the action was taken; and if the post-1989 forest land is subject to a pest management strategy under the Biosecurity Act 1993 that imposes requirements in respect of any forest species on the land, the applicant has— complied with the requirements; or (A) verified that any other person required to (B) comply with the requirements has done so; and (d) must be accompanied by any information prescribed by regulations made under this Act.
(2) The chief executive must, for every person who is a participant in respect of an activity listed in Part 1 of Schedule 4, keep a record of— (a) the carbon accounting area or areas in respect of which the person is a participant; and the unit balance of each carbon accounting area in re- spect of which the person is a participant, as calculated in accordance with section 190(2).
(b) (3) A person who is a participant in respect of an activity listed in Part 1 of Schedule 4— (a) may apply to the chief executive to— (i) (ii) add or remove any carbon accounting area or areas to or from the post-1989 forest land in re- spect of which the person is recorded as a partici- pant; or remove post-1989 forest land from any carbon accounting area or areas in respect of which the person is recorded as a participant; and (b) must, as soon as practicable, notify the chief executive if the person ceases to carry out the activity in respect of a carbon accounting area or any land in a carbon ac- counting area in respect of which the person is recorded as a participant.
(4) An application or a notice under subsection (3) must be— (a) (b) in the prescribed form; and accompanied by any prescribed fee and any prescribed information.
265 Part 5 s 188 Climate Change Response Act 2002 Reprinted as at 8 December 2009 The chief executive may not add a carbon accounting area to the post-1989 forest land in respect of which a person is recorded as a participant, unless satisfied that the person would (if appropriate) qualify to be registered as a participant in re- spect of that land under section 187.
If the chief executive— (a) registers a person as a participant under section 57 in relation to an activity listed in Part 1 of Schedule 4, the chief executive must notify under section 57(6)(b),— (i) if section 187(1)(a) applies, any person with a registered forestry right or registered lease in re- spect of the post-1989 forest land; or if section 187(1)(b) applies, the landowner of the post-1989 forest land; or (ii) (b) receives an application to add a carbon accounting area and is satisfied as to the matters specified in subsection (5), the chief executive must— (i) notify,— (A) (B) if the activity relates to owning post-1989 forest land, any person with a registered forestry right or registered lease in respect of the land in the carbon accounting area; or if the activity relates to being the holder of a registered forestry right or registered lease, or being a party to a Crown conser- vation contract in respect of post-1989 for- est land, the landowner of the land in the carbon accounting area; and (ii) (iii) update the participant’s record to reflect the add- ition of the carbon accounting area; and notify the participant accordingly.
If the chief executive receives— (a) an application under section 58 for the removal of a per- son’s name from the register as a participant in relation to an activity listed in Part 1 of Schedule 4, or is sat- isfied under section 59(2) that the person has ceased to carry out the activity, the chief executive must— (i) notify under section 58(3)(c) or 59(2)(b),— (5) (6) (7) 266 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 188 (A) (B) the if the landowner is the participant, holder of any registered forestry right or registered lease in respect of the post-1989 forest land; or if a holder of a registered forestry right or registered lease, or a party to a Crown con- servation contract is the participant, the landowner of the post-1989 forest land; and (ii) remove the person’s name from the register— (A) 10 working days after the date of the noti- fication under section 58(3)(c); or as required under section 59(2): (B) (b) an application to remove a carbon accounting area, or remove land from a carbon accounting area in respect of which a person is recorded as a participant, or a no- tification that the person has ceased to carry out the ac- tivity in respect of a carbon accounting area or part of a carbon accounting area, the chief executive must— (i) (ii) update the participant’s record to reflect,— (A) notify,— (A) (B) (B) if the landowner is the participant, any holder of a registered forestry right or registered lease in respect of the post-1989 forest land; or if a holder of a
 registered forestry right or registered lease, or a party to a Crown con- servation contract is the participant, the landowner of the post-1989 forest land; and if a carbon accounting area is removed or the person has ceased to carry out the ac- tivity in respect of all of the carbon ac- counting area, the removal of the carbon accounting area from the post-1989 for- est land in respect of which the person is recorded as a participant; or if land has been removed from a carbon ac- counting area or the
 person has ceased to 267 Part 5 s 188 Climate Change Response Act 2002 Reprinted as at 8 December 2009 carry out the activity in respect of part of a carbon accounting area, a new carbon ac- counting area constituted from the remain- ing land and the unit balance of the new carbon accounting area determined in ac- cordance with section 190(3)(b); and (iii) notify the participant accordingly.
(9) (8) A change made to the participant’s record under subsection (6)(b)(ii) or (7)(b)(ii) has effect on and after the date of the relevant notice given under subsection (6)(b)(iii) or (7)(b)(iii), as the case may be.

Subsection (10) applies if a person terminates a forest sink covenant registered under section 67ZD of the Forests Act 1949 and then registers as a participant in respect of the post- 1989 forest land that was covered by the covenant.
If this subsection applies,— (a) (10) despite section 57(8), the person registering as a par- ticipant is to be treated as being a participant in respect of the land formerly the subject of the covenant on and after the date the covenant was registered on the land under section 67ZD of the Forests Act 1949; and for the purposes of sections 189 to 194, any units trans- ferred by or to the Crown in respect of the post-1989 forest land while it was the subject of the forest sink covenant must be treated as New Zealand units trans- ferred for removals or surrendered for emissions from the land under this Act; and the post-1989 forest land formerly the subject of the covenant constitutes a single carbon accounting area in respect of which the person is registered as a participant for the purposes of subsection (2).
(b) (c) Section 188: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 188(1)(c): substituted, on 8 December 2009, by section 64(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 188(2): substituted, on 8 December 2009, by section 64(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
268 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 189 Section 188(3)(a)(i): amended, on 8 December 2009, by section 64(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 188(3)(a)(ii): amended, on 8 December 2009, by section 64(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 188(3)(b): amended, on 8 December 2009, by section 64(5) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 188(6)(b)(ii): substituted, on 8 December 2009, by section 64(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 188(6)(b)(iii): added, on 8 December 2009, by section 64(6) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 188(7)(b)(ii): substituted, on 8 December 2009, by section 64(7) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 188(7)(b)(iii): added, on 8 December 2009, by section 64(7) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 188(8): substituted, on 8 December 2009, by section 64(8) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 188(9): substituted, on 8 December 2009, by section 64(9) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 188(10): added, on 8 December 2009, by section 64(9) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

189 Emissions returns for post-1989 forest land activities (1) This section applies to a person who is a participant in respect of an activity listed in Part 1 of Schedule 4.
(2) A person to whom this section applies— (a) must not submit an annual emissions return under sec- tion 65 or an emissions return under section 118 in re- lation to that activity; and (b) may submit an emissions return in accordance with sub- section (3) in relation to that activity; and (c) must submit any emissions return required by subsec- tion (4) or section 191 or 193 in respect of that activity; and 269 Part 5 s 189 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (d) may submit an emissions return in accordance with sub- section (4A), if— (i) the person is considering entering into a transac- tion described in section 192(1)(a) or (b); or the expiry of an interest referred to in sec- tion 192(1)(c) is imminent; or (ii) (iii) within 20 working days after applying under sec- tion 188(3)(a)(i) to remove a carbon accounting area from the land in respect of which the person is recorded as carrying out an activity listed in Part 1 of Schedule 4 or being removed from the register as a participant in respect of all the land in respect of an activity listed in Part 1 of Sched- ule 4, the person applies to— (A) add a carbon accounting area or areas con- sisting of all the post-1989 forest land that was the subject of the application under section 188(3)(a)(i); or register as a participant under section 57 in relation to all the post-1989 forest land in respect of which the person had ceased to be registered as a participant.
(B) (3) A person to whom this section applies may, on 1 occasion, on or before 31 March in any year, submit an emissions return that— (a) (b) relates to the preceding year or years; and is in respect of any or all of the carbon accounting areas in respect of which the person is recorded as a partici- pant; and for each carbon accounting area covered by the return, is in respect of the period— (i) commencing on the later of— (A) the first day of the mandatory emissions re- turn period in which the return is submit- ted; or the date on which the land in the carbon accounting area became post-1989 forest land; or (B) (c) 270 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 189 (BA) the date of constitution of the carbon accounting area (as specified in section 190(5)), if the carbon accounting area was constituted following removal of land from a carbon accounting area under sec- tion 188(7)(b)(ii)(B) or transmission of an interest under section 192(3)(b); or the day after the end of the period covered by the last emissions return submitted for the carbon accounting area; and (C) ending on 31 December in the last year to which it relates.
(ii) (4) A person to whom this section applies must, if registered as a participant on the last day of any mandatory emissions return period, within 3 months of the end of that period, submit an emissions return that— (a) is in respect of each of the carbon accounting areas in respect of which the person was recorded as a partici- pant on the last day of the mandatory emissions return period; and for each carbon accounting area covered by the return, is in respect of the period— (i) commencing on the later of— (A) (b) (B) (C) (D) the first day of the mandatory emissions return period that has just ended; or the date on which the land in the carbon accounting area became post-1989 forest land; or the date of constitution of the carbon accounting area (as specified in section 190(5)), if the carbon accounting area was constituted following removal of land from a carbon accounting area under sec- tion 188(7)(b)(ii)(B) or transmission of an interest under section 192(3)(b); or the day after the end of the period covered by the last emissions return submitted for the carbon accounting area under subsec- tion (4A), if an emissions return has been 271 Part 5 s 189 Climate Change Response Act 2002 Reprinted as at 8 December 2009 submitted under that subsection in relation to the carbon accounting area during the mandatory emissions return period; and (ii) ending on the last day of the mandatory emis- sions return period that has just ended.
(4A) A person to whom this section applies may, in the circum- stances in subsection (2)(d), submit an emissions return in re- spect of any carbon accounting area to which a proposed trans- action, or expiry of an interest, or an application under section 58, 59, or 188(3)(a)(i) relates that is in respect of the period— (a) commencing on the latest of— (i) (ii) (iii) (iv) the first day of the mandatory emissions return period in which the return is submitted; or the date on which the land in the carbon account- ing area became post-1989 forest land; or the date of constitution of the carbon accounting area (as specified in section 190(5)), if the car- bon accounting area was constituted following removal of land from a carbon accounting area under section 188(7)(b)(ii)(B) or transmission of an interest under section 192(3)(b); or if an emissions return has already been submit- ted under this subsection in relation to the car- bon accounting area during the mandatory emis- sions return period, the day after the end of the period covered by the last emissions return sub- mitted for the carbon accounting area under this subsection; and (b) ending on the date of submission of the emissions re- turn.
(5) An emissions return submitted under subsection (3), (4), or (4A)— (a) must, in respect of each carbon accounting area covered by the return,— (i) record the activity in respect of which the per- son is recorded as a participant for the carbon ac- counting area; and record the emissions and removals from the car- bon accounting area during the emissions return (ii) 272 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 189 (iii) (iv) (v) period as calculated under section 62(b) and, if required, as verified under section 62(c); and contain an assessment of the participant’s gross liability to surrender units for emissions or entitlement to receive New Zealand units for removals from the carbon accounting area that takes into account sections 188(10) and 190(1), but does not take into account any returns under subsection (3) that cover part of the same period as the emissions return; and contain the information required by subsection (6), if relevant; and contain an assessment of the participant’s net li- ability to surrender units in respect of emissions or entitlement to receive New Zealand units for removals from the carbon accounting area during the emissions return period, taking into account sections 188(10) and 190(1) and subsections (6) and (7); and (b) may contain an assessment of the participant’s net li- ability to surrender or repay units or net entitlement to receive New Zealand units in respect of all carbon ac- counting areas covered by the return, as referred to in subsection (8); and (6) (c) must be— (i) (ii) (iii) the prescribed fee (if any); and any prescribed information; and accompanied by— (A) (B) signed by the participant; and submitted in the prescribed manner and format.
If a person submits an emissions return under subsection (4) that covers a carbon accounting area in respect of a period for which a return has already been submitted under subsection (3), the return submitted under subsection (4) must— (a) record the number of units transferred for removals or surrendered for emissions in respect of the carbon ac- counting area in respect of the return or returns submit- ted under subsection (3); and contain an assessment of the difference between— (b) 273 Part 5 s 189 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) (ii) the net number of units transferred for removals or surrendered for emissions from the carbon ac- counting area in respect of the return or returns submitted under subsection (3) (which must be determined by subtracting the number of units surrendered for emissions from the carbon ac- counting area from the number of units trans- ferred in respect of removals from the carbon ac- counting area); and the gross number of units assessed as the par- ticipant’s liability to surrender or entitlement to receive in respect of the carbon accounting area under the return submitted under subsection (4) as recorded under subsection (5)(a)(iii).
If the assessment referred to in subsection (6)(b) shows that the person would be— (a) entitled to fewer units for removals from the carbon ac- counting area in respect of the return submitted under subsection (4) than the net units that have been trans- ferred in respect of returns under subsection (3), the per- son is liable to repay the number of units transferred in excess of the entitlement in the return under subsection (4); or entitled to receive more units for removals from the car- bon accounting area in respect of the return submitted under subsection (4) than the net number of units that have been transferred in respect of returns under sub- section (3), the person is entitled to receive the number of units that is the difference between the entitlement in respect of the return under subsection (4) and the net number of units already transferred in respect of returns under subsection (3); or liable to surrender more units for emissions from the carbon accounting area in respect of the return submit- ted under subsection (4) than the net number of units already surrendered in respect of returns under subsec- tion (3), the person is liable to surrender the number of units that is the difference between the net number sur- (b) (c) (7) 274 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 189 (d) rendered and the number assessed as being required to be surrendered under the return under subsection (4); or liable to surrender fewer units for emissions from the carbon accounting area in respect of the return submit- ted under subsection (4) than the net number of units already surrendered in respect of returns under subsec- tion (3), the chief executive must arrange for reimburse- ment to the person, in accordance with section 124, of the number of units that is the difference between the net number surrendered and the number assessed as be- ing required to be surrendered under the return under subsection (4).
(7A) Subsections (6) and (7) apply to a return submitted under sub- section (4A) as if it were a return submitted under subsection (4).
(8) A person who submits an emissions return under this section— (a) may include in the return an assessment of the person’s net liability to surrender or repay units, or the person’s net entitlement to New Zealand units, calculated by de- termining the difference between the total number of units required to be surrendered for emissions from each of the carbon accounting areas covered by the return (or, if relevant, required to be repaid in respect of the carbon accounting areas covered by the return) and the total number of New Zealand units to which the person is entitled in respect of removals from each of the car- bon accounting areas covered by the return (or, if rele- vant, is entitled to be reimbursed in respect of carbon accounting areas covered by the return); and (b) may elect to surrender or repay the net number of units for which the person is liable, or to receive the net num- ber of New Zealand units to which the person is entitled, as determined under paragraph (a); and (c) must, if the person makes an election under paragraph (b), indicate clearly in the return that such an election has been made; and (d) must, if an assessment in the emissions return shows a liability or a net liability to— 275 Part 5 s 189 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) (ii) surrender units, surrender those units within 20 working days of submitting the emissions return; or repay units, repay those units, by transferring the number of units required to be transferred, within 60 working days of submitting the emissions re- turn, to a Crown holding account designated by the chief executive, and the provisions of sections 134 and 135 apply, with any necessary modifica- tions, as if— (A) the units the person is required to repay were units transferred to the person in error; and the requirement to repay the units arose under section 125.
(B) In this section,— mandatory emissions return period means any of the fol- lowing periods: (a) (b) the first commitment period: any subsequent commitment period or, if there is no subsequent commitment period,— (i) the 5-year period commencing on 1 January 2013: each subsequent 5-year period after the period specified in subparagraph (i) (ii) units surrendered, in relation to an emissions return under subsection (3), include units that a person would have been required to surrender in respect of emissions covered by the return, but which were not actually surrendered because of an election under subsection (8) units transferred for removals, in relation to an emissions return under subsection (3), include units that a person would have been entitled to receive for removals in respect of the return, but which were not actually transferred because of an election under subsection (8).
Section 189: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(9) 276 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 190 Section 189(2)(c): amended, on 8 December 2009, by section 65(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 189(2)(d): added, on 8 December 2009, by section 65(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 189(3): amended, on 8 December 2009, by section 65(2)(a) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 189(3): amended, on 8 December 2009, by section 65(2)(b) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 189(3)(c)(i)(BA): inserted, on 8 December 2009, by section 65(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 189(4)(b)(i)(B): amended, on 8 December 2009, by section 65(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 189(4)(b)(i)(C): added, on 8 December 2009, by section 65(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 189(4)(b)(i)(D): added, on 8 December 2009, by section 65(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 189(4A): inserted, on 8 December 2009, by section 65(5) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 189(5): substituted, on 8 December 2009, by section 65(6) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 189(6)(b)(ii): amended, on 8 December 2009, by section 65(7) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 189(6)(b)(ii): amended, on 8 December 2009, by section 65(8) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 189(7A): inserted, on 8 December 2009, by section 65(9) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
190 Special rules regarding surrender of units in relation to post-1989 forest land (1) Despite section 63, a person who is or was a participant in respect of an activity listed in Part 1 of Schedule 4 is not liable to surrender more units in relation to any carbon accounting 277 Part 5 s 190 Climate Change Response Act 2002 Reprinted as at 8 December 2009 area or part of a carbon accounting area than the unit balance of that carbon accounting area or part of a carbon accounting area.
The unit balance of a carbon accounting area must be calcu- lated in accordance with the following formula: (2) UB = (A – B) + OUB where— UB is the unit balance of the carbon accounting area A is the net number of New Zealand units transferred for removals from the carbon accounting area since the date it was constituted (that is, the number of units trans- ferred for removals less any units repaid under section 123(6) or 189(8)) is the net number of New Zealand units surrendered for emissions from the carbon accounting area since the date it was constituted (that is, the number of units sur- rendered, less any units reimbursed under section 124 or 189(7)) B OUB is,— (a) (b) (c) if the carbon accounting area is constituted from land from another carbon accounting area (fol- lowing the removal of land from a carbon ac- counting area, or transmission of an interest as defined in section 192), the opening unit balance of the carbon accounting area, as determined in accordance with subsection (3); or if the carbon accounting area is not constituted as described in paragraph (a), but is consti- tuted from land that was subject to a forest sink covenant under section 67ZD of the Forests Act 1949, the net number of units transferred in respect of the land in the carbon accounting area while it was the subject of the forest sink covenant; or if the carbon accounting area is not constituted from land from another carbon accounting area or land that was subject to a forest sink covenant, zero.
278 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 190 (3) The following provisions apply if a person is required by this subpart to calculate the unit balance of a newly constituted carbon accounting area: (a) if a carbon accounting area (CAA2) has been consti- tuted under section 192(3)(b)(iii) from the land remain- ing in an affected carbon accounting area (CAA1) fol- lowing transmission of an interest in part of the CAA1, the person must calculate the opening unit balance of CAA2 in accordance with subsection (4), and for the purposes of that calculation— (i) H is the number of hectares of post-1989 forest land in CAA1; and (b) (c) (ii) Hp is the number of hectares of post-1989 forest land in CAA2; and (iii) UB is the unit balance of CAA1 calculated in accordance with subsection (2) (and includes any units transferred or surrendered in respect of the removals or emissions reported in the emissions return submitted under section 193(1)); and (iv) UBp is the opening unit balance for CAA2 for the purposes of subsection (2): if a carbon accounting area (CAA2) has been consti- tuted under section 188(7)(b)(ii)(B) from the land re- maining in a carbon accounting area (CAA1) because the person has removed land from CAA1 or ceased carrying out an activity listed in Part 1 of Schedule 4 in respect of part of CAA1, the opening unit balance of CAA2 is the figure calculated under section 191(4) for UBr for the purposes of the person’s emissions return under section 191(3): if a carbon
 accounting area (CAA2) has been consti- tuted by operation of section 192(3)(b)(ii), the person must calculate the opening unit balance of CAA2 by— calculating the unit balance of any whole carbon (i) accounting areas that form part of CAA2 in ac- cordance with subsection (2), including (but not limited to) any units transferred or surrendered in respect of the removals or emissions reported in the emissions return under section 193(1); and 279 Part 5 s 190 Climate Change Response Act 2002 Reprinted as at 8
 December 2009 (ii) (iii) calculating the unit balance of any part carbon ac- counting area that forms part of CAA2 in accord- ance with subsection (4), and for the purposes of that calculation— (A) H is the number of hectares of post-1989 forest land in the carbon accounting area of which the part carbon accounting area formed a part before the transmission of the interest; and (B) Hp is the number of hectares of post-1989 forest land in the part carbon accounting area; and (C) UB is the unit balance of the carbon ac- counting area of which the part carbon accounting area formed a part before the transmission of the interest, including (but not limited to) any units transferred or surrendered in respect of the removals or emissions reported in the emissions return under section 193(1); and adding together the unit balances obtained under subparagraphs (i) and (ii).
(4) The unit balance of part of a carbon accounting area must be calculated in accordance with the following formula: UBp = UB/H × Hp where— UBp is the unit balance of the part of the carbon accounting area UB is the unit balance of the carbon accounting area of which the part carbon accounting area formed a part, calculated in accordance with subsection (2) is the number of hectares in the carbon accounting area of which the part carbon accounting area formed a part is the number of hectares in the part of the carbon ac- counting area for which a unit balance is calculated.
Hp H For the purposes of this section,— (a) units transferred for removals, surrendered, repaid, or reimbursed in respect of a carbon accounting area in- (5) 280 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 191 (b) clude units that a person would have been entitled to receive, or would have been required to surrender or re- pay, in respect of a carbon accounting area, but which were not actually transferred, surrendered, repaid, or re- imbursed because of an election under section 189(8); and the date that a carbon accounting area is constituted is— the date the person’s registration as a participant (i) in respect of the activity in the application took effect in accordance with section 57(8) for a car- bon accounting area defined in an application re- ferred to in section 188(1); and the date the participant’s record is updated under section 188(6) or (7) for a carbon accounting area where land has been removed from a carbon ac- counting area, a person has ceased to carry out the activity on part of a carbon accounting area, or a person has applied to add a carbon account- ing area under section 188(3)(a)(i); and the date the carbon accounting area was consti- tuted under that section for a carbon account- ing area constituted by operation of section 192(3)(b); and (iii) (ii) hectare includes any fraction of a hectare.
(c) Section 190: substituted, on 8 December 2009, by section 66 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
191 Ceasing to be registered as participant in respect of (1) post-1989 forest land Subject to section 193, a person who is or was a participant in respect of an activity listed in Part 1 of Schedule 4— (a) must submit an emissions return to the chief executive within 20 working days of— (i) (ii) being removed from the register in respect of that activity; or removing a carbon accounting area or ceasing to be a participant in respect of a carbon accounting area in respect of which the person is recorded as a participant under section 188; or 281 Part 5 s 191 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (iii) removing land from a carbon accounting area or ceasing to carry out the activity in respect of part of a carbon accounting area in respect of which the person is recorded as a participant under sec- tion 188; and (b) is, in respect of any carbon accounting area,— (i) required to be covered by the return under sub- section (2), liable to surrender the unit balance of the carbon accounting area; and required to be covered by the return under sub- section (3),— (A) (ii) liable to surrender the unit balance relat- ing to any land removed from the carbon accounting area or on which the person has ceased to carry out the activity, plus or minus any units that the person is required to surrender for emissions or entitled to re- ceive for removals in respect of the land remaining in the carbon accounting area, as calculated under subsection (4); or entitled to receive the number of units as- sessed as the participant’s entitlement for removals from the land remaining in the carbon accounting area, less the unit bal- ance relating to any land removed from the carbon accounting area or upon which the person has ceased to carry out the activity, calculated under subsection (4).
(2) An emissions return submitted under this section— (B) (a) must,— (i) if subsection (1)(a)(i) applies, be in respect of all the carbon accounting areas in respect of which the person is or was recorded as a participant in relation to that activity; or if subsection (1)(a)(ii) applies, be in respect of the carbon accounting area or areas being removed in respect of which the person is ceasing to be a participant; and (ii) 282 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 191 (b) must record the unit balance of each carbon accounting area required to be covered by the return under para- graph (a), calculated in accordance with section 190(2).
(3) An emissions return submitted under this section because sub- section (1)(a)(iii) applies must— (a) be in respect of each carbon accounting area from which land is removed or in respect of which the person is ceasing to carry out the activity on part of the land in the carbon accounting area; and for each carbon accounting area required to be covered by the return under paragraph (a), be for the period,— (i) (b) (B) (C) commencing on the latest of— (A) the first day of the mandatory emissions return period (as defined in section 189(9)) in which the land was removed from the carbon accounting area (or the person ceased to carry out the activity on part of the land in the carbon accounting area); or the date on which the land in the carbon accounting area became post-1989 forest land; or the date of constitution of the carbon accounting area (as specified in section 190(5)), if the carbon accounting area was constituted following removal of land from a carbon accounting area under sec- tion 188(7)(b)(ii)(B) or transmission of an interest under section 192(3)(b); or if an emissions return has been submitted under section 189(4A) in relation to the carbon accounting area, the day after the end of the period covered by the last emis- sions return submitted for the carbon ac- counting area under that section; and ending on the date the land is removed from the carbon accounting area or the person ceases to carry out the activity on part of the land in the carbon accounting area; and (D) 283 (ii) Part 5 s 191
 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (c) in respect of each carbon accounting area required to be covered by the return under paragraph (a),— (i) (ii) comply with section 189(5)(a) and (6), as if any references in section 189(6) to subsection (4) of that section were references to this section; and record the notional unit balance of the carbon ac- counting area, calculated by taking the unit bal- ance of the carbon accounting area (as calculated under section 190(2)) before
 submission of the return under this section and, if the assessment recorded in the return under section 189(5)(a)(v) shows the person would be— (A) entitled to receive units in respect of re- movals from the carbon accounting area during the emissions return period, adding that number of units to the unit balance; or liable to surrender units in respect of emis- sions from the carbon accounting area dur- ing the emissions return period, subtract- ing that number of units from the unit bal- ance; and (B) (iii) record the person’s assessment of the person’s net liability to surrender units or entitlement to re- ceive units in respect of the post-1989 forest land being removed from and the land remaining in the carbon accounting area calculated in accord- ance with subsection (4).
(4) Net liability to surrender units or entitlement to receive units in respect of a carbon accounting area required to be covered by the return under subsection (3)(a) must be calculated in accordance with the following formula: X = UBCAA – UBr where— X is,— (a) 284 if positive, the number of units the person must surrender in respect of the land being removed from the carbon accounting area or upon which the person has ceased to carry out the activity (as adjusted by any units required to be surrendered Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 191 (b) for emissions, or units to which the person is en- titled for removals, from the land remaining in the carbon accounting area); or if negative, the number of units to which the per- son is entitled in respect of removals from the land remaining in the carbon accounting area (as adjusted by any units required to be surrendered for the land being removed from the carbon ac- counting area or in respect of which the person has ceased to carry out the activity) UBCAA is the unit balance of the carbon accounting area before the removal of the land and submission of the return under this section, calculated in accordance with section 190(2) is the unit balance of the land remaining in the carbon accounting area calculated as follows: UBr UBr = (NUBCAA/HCAA) × Hr where— NUBCAA is the notional unit balance of the carbon accounting area calculated under subsection (3)(c)(ii) HCAA is the number of hectares in the carbon account- ing area before removal of the land or before the person ceased to carry out the activity in respect of part of the land is the number of hectares in the carbon account- ing area, less the number of hectares being re- moved or in respect of which the person has ceased to carry out the activity.
Hr (5) If a person submits an emissions return under subsection (3), section 189(7) applies to the person as if the references in that provision to subsection (4) were references to this section.

Section 189(8) applies to a person who submits an emissions return under this section with any necessary modifications.
(7) An emissions return submitted under this section must be— (6) (a) (b) submitted in the prescribed manner and format; and accompanied by any prescribed fee and any other pre- scribed information.

285 Part 5 s 192 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 191: substituted, on 8 December 2009, by section 66 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
192 Effect of transmission of interest in post-1989 forest land (1) This section applies— (a) if, subject to section 157A(4), a person registered as a participant in respect of an activity listed in Part 1 of Schedule 4 and who is described in the first column of Part A of the following table transfers, including by way of sale, assignment, or by operation of law, all or any of the interest described in the second column of Part A of the table to a person described in the third column of Part A of the table: if a person registered as a participant in respect of an ac- tivity listed in Part 1 of Schedule 4 and who is described in the first column of Part B of the following table grants an interest or enters into a contract described in the sec- ond column of Part B of the table: if an interest described in the second column of Part C of the following table expires or is terminated, and the person described in the first column of Part C of the table is, in relation to that interest, registered as a participant in respect of an activity listed in Part 1 of Schedule 4: (b) (c) Part A Existing par- ticipant Landowner of post-1989 for- est land Interest trans- ferred Post-1989 for- est land in re- spect of which the person is recorded as a participant New partici- pant New owner land New activity in Part 1 of Schedule 4 Owning post- forest 1989 land 286 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 192 Part A New partici- pant New forestry right holder New lessee New activity in Part 1 of
 Schedule 4 Holding registered forestry right over post-1989 forest land a the Being leaseholder under a regis- tered lease of post-1989 for- est land New party to the Crown con- servation con- tract Being a party to a Crown con- servation con- tract Existing par- ticipant of Holder registered a forestry right over post-1989 forest land Leaseholder under a regis- tered lease of post-1989 for- est land to a Party Crown conser- vation contract Interest trans- ferred Registered forestry right over post-1989
 forest land in respect of which the per- son is recorded as a participant Registered lease over post- forest 1989 land re- in spect of which the person is recorded as a participant Crown conser- vation contract over post-1989 forest land in respect of which the per- son is recorded as a participant Part B Existing par- ticipant Landowner of post-1989 for- est land en- Interest tered into Registered forestry right over post-1989 forest land in respect of which the per- son is recorded as a participant New partici- pant of Holder registered a forestry right over post-1989 forest land New activity in Part 1 of Schedule 4 the Being of holder registered a forestry right over post-1989 forest land 287 Part 5 s 192 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Existing par- ticipant Landowner of post-1989 for- est land Landowner of land Crown post- that is 1989 forest land Existing par- ticipant of Holder registered a forestry right over post-1989 forest land Part B New partici- pant Lessee under a registered lease of post-1989 forest land New activity in Part 1 of Schedule 4 Being a lessee under a regis- tered lease of post-1989 for- est land the to Party Crown conser- vation contract Being a party to a Crown con- servation con- tract en- Interest tered into Registered lease of post- forest 1989 land re- in spect of which the person is recorded as a participant Crown conser- vation contract over post-1989 forest land in respect of which the per- son
 is recorded as a participant New partici- pant Landowner of the post-1989 forest land Part C Interest ex- pired or ter- minated Registered forestry right over post-1989 forest land in respect of which the per- son is recorded as a participant New activity in Part 1 of Schedule 4 Owning post- 1989 forest land 288 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 192 Existing par- ticipant Leaseholder under a regis- tered lease of post-1989 for- est land to a Party Crown conser- vation
 contract New partici- pant Landowner of the post-1989 forest land Landowner of the post-1989 forest land Part C Interest ex- pired or ter- minated Registered lease over post- forest 1989 land re- in spect of which the person is recorded as a participant Crown conser- vation contract over post-1989 forest land in respect of which the per- son is recorded as a participant New activity in Part 1 of Schedule 4 Owning post- 1989 forest land Owning post- 1989 forest land.
(2) In subsections (1) and (3) to (7) and section 193,— affected carbon accounting area— (a) (i) means a carbon accounting area that contains post-1989 forest land to which a transmitted in- terest relates; and includes, where a transmitted interest relates to post-1989 forest land in part of a carbon account- ing area, that carbon accounting area: (ii) (b) (c) (d) each of the persons described in the first column of the table in subsection (1) is a transferor: each of the persons described in the third column of the table in subsection (1) is a transferee: transmitted interest means,— (i) in the circumstances described in subsec- tion (1)(a), the post-1989 forest land, registered forestry right over post-1989 forest land, regis- tered lease of post-1989 forest land, or Crown conservation contract that is transferred: in the circumstances described in subsec- the registered forestry right over tion (1)(b), registered lease of post-1989 forest land, (ii) 289 Part 5 s 192 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (iii) post-1989 forest land, or Crown conservation contract that is granted or entered into: in the circumstances described in subsec- tion (1)(c), the interest in the registered forestry right over post-1989 forest land, registered lease of post-1989 forest land, or Crown conservation contract that has expired or been terminated: (e) date of transmission means,— (i) (C) in the circumstances described in subsec- tion (1)(a), the date of transfer of— (A) (B) the post-1989 forest
 land: the registered forestry right over post-1989 forest land: the registered lease of post-1989 forest land: the Crown conservation contract: (D) in the circumstances described in subsec- tion (1)(b), the date of registration of the regis- tered forestry right over post-1989 forest land, the date of registration of the registered lease of post-1989 forest land, or the date the Crown conservation contract is entered into: in the circumstances described in subsec- tion (1)(c), the date that the registered forestry right over post-1989 forest land, registered lease of post-1989 forest land, or Crown conservation contract expires or is terminated.
(ii) (iii) If this section applies, then,— (a) within 20 working days of the date of transmission of the transmitted interest,— (i) the transferor and transferee must notify the chief executive of the transmission; and the transferor must submit an emissions return as required by section 193 in relation to any affected carbon accounting areas; and (ii) (b) from the date of transmission,— (i) the transferor ceases to be a participant under this Act in relation to the post-1989 forest land to which the transmitted interest relates and the (3) 290 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 192 transferee becomes a participant in respect of the activity listed in Part 1 of Schedule 4 that is re- ferred to in the fourth column of the table in sub- section (1) in relation to the post-1989 forest land to which the transmitted interest relates; and the area of post-1989 forest land to which the transmitted interest relates constitutes a new car- bon accounting area in respect of which the trans- feree is the participant; and any post-1989 forest land remaining in an af- fected carbon accounting area and to which the transmitted interest does not relate constitutes a new carbon accounting area in respect of which the transferor is the participant.
(ii) (iii) (4) If this section applies because a transmitted interest has been transmitted by operation of law, then— (a) the notice given under subsection (3)(a)(i) must be given as soon as practicable after the date of transmis- sion; and the emissions return required under section 193 must be submitted as soon as possible after the date of the transmission.
(b) (5) A notice given under subsection (3)(a)(i) must be— (6) (a) (b) in the prescribed form; and accompanied by any prescribed fees or charges and any prescribed information; and signed by both the transferor and the transferee.
(c) Following receipt of a notice complying with subsection (5) and the emissions return required under section 193, the chief executive must take such of the following actions as are rele- vant: (a) if the transferee is not already registered under section 57, enter the transferee’s name on the register kept under section 57 as a participant in respect of an activity listed in Part 1 of Schedule 4 that is referred to in the fourth column of the table in subsection (1): if the transferee is already registered under section 57, but not in respect of the activity listed in Part 1 of Sched- ule 4 that is referred to in the fourth column of the table (b) 291 Part 5 s 192 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (c) (d) in subsection (1), amend that registration to show that the transferee is now a participant in respect of that ac- tivity: if the transferor is registered under section 57 only in respect of carrying out the activity listed in Part 1 of Schedule 4 in respect of post-1989 forest land to which the transmitted interest relates, remove the transferor’s name from the register in respect of that activity: update the chief executive’s records under section 188(2) by— (i) removing the affected carbon accounting areas from the transferor’s record (if the transferor re- mains a participant only in respect of an activity listed in Part 1 of Schedule 4); and recording any new carbon accounting areas con- stituted by operation of subsection (3)(b)(ii) or (iii) on the transferor’s or transferee’s record; and recording the opening unit balance of any carbon accounting area referred to in subparagraph (ii), calculated in accordance with section 190(3)(a) or (c): (ii) (iii) (e) as applicable, give notice to the transferor and trans- feree of the action taken by the chief executive under paragraphs (a) to (d).
To avoid doubt,— (a) for the purposes of section 54(4), a transferor continues to be liable in respect of any obligations that arose in relation to the carbon accounting area or part of the car- bon accounting area while the transferor was a partici- pant in respect of the post-1989 forest land to which the transmitted interest relates (for example, in respect of the submitting of returns and surrendering of units re- quired under section 189); and a transferor is not required to notify the chief executive separately under section 59 if the result of the transfer is that the transferor is ceasing to carry out the activity; and the chief executive is not required to notify any person under section 188(6)(a) of the registration of the trans- (b) (c) (7) 292 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 193 feree under section 57 if that registration is in accord- ance with this section.
Section 192: substituted, on 8 December 2009, by section 66 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
193 Emissions returns in relation to transmitted interests (1) If section 192 applies, the transferor is not required to submit an emissions return under section 191 in respect of any post- 1989 forest land to which the transmitted interest relates, but must submit an emissions return under this section by the date specified in section 192(3)(a) or 192(4)(b), as applicable.
(2) An emissions return under this section must— (a) (b) be in respect of all affected carbon accounting areas; and in respect of each carbon accounting area covered by the return, be for the period— (i) commencing on the latest of— (A) (B) (C) (D) the first day of the mandatory emissions re- turn period (as specified in section 189(9)) in which the interest was transmitted; or the date on which the land in the affected carbon accounting area became post-1989 forest land; or the date of constitution of the carbon accounting area (as specified in section if the carbon accounting area 190(5)), was constituted following removal of land from a carbon accounting area under sec- tion 188(7)(b)(ii)(B) or transmission of an interest under section 192(3)(b); or if an emissions return has been submit- ted under section 189(4A) in relation to the affected carbon accounting area, the day after the end of the period covered by the last emissions return submitted for the carbon accounting area under that section; and (ii) ending on the date of transmission; and 293 Part 5 s 194 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (3) (c) comply with section 189(5) and (6), as if the references in those provisions to subsection (4) were references to this section.
If a person submits an emissions return under this section,— section 189(7) applies to the person as if the references (a) in that provision to subsection (4) were references to this section; and section 189(8) applies to the person as if the reference in that provision to “this section” was a reference to section 193.

(b) Section 193: substituted, on 8 December 2009, by section 66 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Information about status of forest land 194 (1) Despite anything in this Act, the chief executive must, on re- ceipt of a written request for information about the carbon ac- counting area or areas to which it relates, provide a statement containing the information in subsection (2) to— (a) the landowner of any post-1989 forest land in respect of which the holder of a registered forestry right or regis- tered lease or party to a Crown conservation contract is a participant; or a prospective transferee, holder of a registered forestry right or registered lease, or party to a Crown conserva- tion contract who has the written consent of the partici- pant in respect of any post-1989 forest land.
(b) (2) A statement under subsection (1) must set out— (a) (b) the emissions returns (if any) that have been submitted in respect of the carbon accounting area or areas covered by the information request since the carbon accounting area or areas were constituted, and the period covered by those returns; and the unit balance of the carbon accounting area or areas covered by the information request.
[Repealed] (c) [Repealed] Section 194: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

(3) 294 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 195 Section 194(2)(a): amended, on 8 December 2009, by section 67(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 194(2)(b): substituted, on 8 December 2009, by section 67(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 194(2)(c): repealed, on 8 December 2009, by section 67(3) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 194(3): repealed, on 8 December 2009, by section 67(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Post-1989 forest land and pre-1990 forest land Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
195 Notification of status of forest land (1) The chief executive must, if required by regulations made under section 168, notify the following persons of the details of the land that the chief executive is satisfied is pre-1990 for- est land, post-1989 forest land in respect of which a person has registered as a participant under section 57, or that the chief executive has declared to be exempt land: (a) the Registrar of the Maori Land Court in whose jurisdic- tion the land is situated in relation to Maori land; and the Registrar-General of Land in relation to land regis- tered or provisionally registered under the Land Trans- fer Act 1952; and the Registrar of Deeds in relation to land that is regis- tered under the Deeds Registration Act 1908.
(b) (c) (2) On receipt of a notice under subsection (1), the Registrar-Gen- eral of Land or the Registrar of the Maori Land Court or the Registrar of Deeds must record the notice on the appropriate register under the Land Transfer Act 1952, record of the Maori Land Court, or deeds index under the Deeds Registration Act 1908.
The Registrar-General of Land or the Registrar of the Maori Land Court or the Registrar of Deeds must cancel any notices recorded under subsection (2) if required under regulations made under section 168.

(3) 295 Part 5 s 196 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 195: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Transitional provisions Heading: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
196 First emissions return for pre-1990 forest land activities (1) Despite anything in this Act, a participant who carries out an activity listed in Part 1 of Schedule 3 in the period commenc- ing on 1 January 2008 and ending on 31 December 2009— (a) is not required to submit an annual emissions return under section 65 in relation to the year ending 31 De- cember 2008; but (2) (b) must submit an emissions return in respect of the period commencing on 1 January 2008 and ending on 31 De- cember 2009.
Section 65(2) and (3) apply to the return submitted under sub- section (1)(b) with all necessary modifications, as if each ref- erence to a year were a reference to the period commencing on 1 January 2008 and ending on 31 December 2009.

(2A) A participant referred to in subsection (1) must, by 31 May 2011 but not before 1 January 2011, surrender the number of units listed in the participant’s assessment in the emissions re- turn submitted under subsection (1)(b) in relation to the activ- ity.
For all other purposes of this Act, the emissions return sub- mitted under subsection (1)(b) is to be treated as an annual emissions return required to be submitted under section 65.

(3) (4) Despite anything in this Act, a participant who carries out an activity listed in Part 1 of Schedule 3 may not submit an emis- sions return before 1 January 2010.
(5) Despite anything in section 56, if an activity listed in Part 1 of Schedule 3 is carried out in 2008 or 2009, the person who carried out the activity has until 31 January 2010 to give notice to the chief executive under section 56(1).
To avoid doubt, a person who carried out an activity listed in Part 1 of Schedule 3 on or after 1 January 2008, but before this (6) 296 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 197 section came into force, must register as a participant under section 56(1) in accordance with subsection (5).
(7) Despite section 129(1)(b)(i), a person who carried out, before the commencement of this subsection, an activity listed in Part 1 of Schedule 3 for the period commencing with 1 January 2008 and ending with the close of 31 December 2009 is not liable under section 129(1)(b)(i) if the person notifies the chief executive of that activity on or before 31 January 2010.

Section 196: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 196(1): amended, on 1 July 2009, by section 6(1) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).

Section 196(2): amended, on 1 July 2009, by section 6(2) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).

Section 196(2A): inserted, on 1 July 2009, by section 6(3) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
Section 196(2A): amended, on 8 December 2009, by section 68 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 196(3): amended, on 1 July 2009, by section 6(4) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).

Section 196(5): amended, on 1 July 2009, by section 6(5) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).
Section 196(7): added, on 1 July 2009, by section 6(6) of the Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 (2009 No 19).

196A Power to withdraw or suspend certain draft allocation plans [Repealed] Section 196A: repealed, on 8 December 2009, by section 69 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
197 First emissions return for post-1989 forest land activities Despite anything in this Act, the first emissions return submit- ted by a person to whom section 189 applies in respect of an 297 Part 5 s 198 Climate Change Response Act 2002 Reprinted as at 8 December 2009 activity listed in Part 1 of Schedule 4 may not be submitted before 1 January 2009.

Section 197: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Subpart 2—Liquid fossil fuels sector Subpart 2: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

198 Registration as participant by purchasers of jet fuel (1) An application under section 57 to be registered as a partici- pant in respect of an activity listed in Part 3 of Schedule 4 may be submitted to the chief executive at any time.
If the chief executive registers a person as a participant under section 57 in respect of an activity listed in Part 3 of Schedule 4,— (a) (2) the chief executive must notify, under section 57(6)(b), every person who is registered under section 56 in re- spect of an activity in Part 2 of Schedule 3; and the registration takes effect 12 months from the date of the notice issued under section 57(6).
(b) (3) If the chief executive has received an application under sec- tion 58 for removal of a person’s name from the register as a participant in respect of an activity listed in Part 3 of Schedule 4, the chief executive must— (a) notify, under section 58(3)(c), every person who is registered under section 56 in respect of an activity listed in Part 2 of Schedule 3; and remove, under section 58(4), the applicant’s name from the register on the date that is 48 months after the notice issued under section 58(3)(b) and (c).
(b) Section 198: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
199 Historical information sufficient to satisfy chief executive (1) A person who carries out an activity listed in Part 3 of Schedule 4 may, in an application to register as a participant in respect of that activity submitted under section 57, include with the application information about the total volume of obligation 298 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 200 (2) jet fuel purchased by the person in the year prior to the year in which the person submits the application (and any other prior years the person wishes).
If the chief executive receives an application under section 57 that includes the information specified in subsection (1), the chief executive may, for the purposes of section 57(4), satisfy him or herself that the person is, or will be when the person’s registration takes effect, carrying out the activity listed in Part 3 of Schedule 4 on the basis of that information.
(3) Nothing in this section prevents the chief executive from re- quiring a person specified in subsection (1) to provide any fur- ther information that the chief executive requires to satisfy him or herself that the person is, (or will, when the person’s regis- tration takes effect, be) carrying out the activity listed in Part 3 of Schedule 4.

Section 199: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
200 Effect of purchasing less than the threshold level of obligation jet fuel If a person is a participant in respect of the activity listed in Part 3 of Schedule 4, and in any year the volume of obligation jet fuel that the person purchases is less than, or the person knows that the volume purchased will be less than, the thresh- old specified in Part 3 of Schedule 4— (a) the person is not required to notify the chief executive under section 59(1) that the person has ceased, or will cease, to carry out the activity; and the chief executive must not, under section 59(2), treat the person as having ceased to carry out the activity; and the person remains a participant in respect of the activity until the person’s name is removed, in accordance with this Act, from the register that is kept for the purposes of section 57.
(b) (c) Section 200: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
299 Part 5 s 201 Climate Change Response Act 2002 Reprinted as at 8 December 2009 201 Effect of registration by purchasers of jet fuel A participant in respect of an activity listed in Part 2 of Sched- ule 3 is not required to surrender units in respect of obligation jet fuel that is purchased by a person who is a participant in respect of an activity listed in Part 3 of Schedule 4.
Section 201: substituted, on 8 December 2009, by section 70 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
202 Activities added to Part 2 of Schedule 3 (1) The Governor-General may, by Order in Council, made on the recommendation of the Minister, amend Part 2 of Schedule 3 by adding activities relating to the following matters: (a) owning or operating a ship onto which goods are loaded at any port in New Zealand for carriage to and unloading at any other port in New Zealand, if the ship consumes fuel that is purchased— (i) (ii) outside New Zealand; or in New Zealand, but in respect of which no par- ticipant is required to surrender units under this Act; or (b) fishing within New Zealand’s exclusive economic zone, if the vessel used for fishing consumes fuel that is pur- chased outside New Zealand.
The Minister may only recommend that an Order in Council be made under subsection (1) if— (a) no participant is, prior to making the recommendation, liable to surrender units in respect of the emissions from the fuel consumed while the activity that is to be the subject of the recommendation is carried out; and adding the activity is— (i) (b) necessary to ensure that A is similar to B, where— (A) A is the cost increases that a person carry- ing out the activity will face, if the activity is added, due to the obligation imposed by this Act on the person to surrender units in respect of the emissions from the fuel con- sumed while carrying out the activity; and (2) 300 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 203 (B) B is the cost increases that a person carry- ing out a comparable activity faces due to any obligations imposed by this Act on persons carrying out an activity listed in Part 2 of Schedule 3 to surrender units in respect of the emissions from the fuel consumed while the comparable activity is carried out; and inconsistent with New Zealand’s inter- not national obligations; and (ii) (c) recommending the order will not result in costs to the Crown that exceed the benefits that the Crown expects to receive after the order is made.
(3) An Order in Council made under subsection (1)— takes effect on and from— (i) 1 January of the next year, if made on or before 30 June in any year; or 1 July the next year, if made on or after 1 July in any year; and (a) (b) (ii) expires,— (i) (ii) if made on or before 30 June in any year, on the close of 31 December of that year, except so far as it is expressly confirmed by Act of Parliament passed during that year; or if made on or after 1 July in any year, on the close of 30 June in the following year, except so far as it is expressly confirmed by Act of Parliament passed before the latter date.
Section 202: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

203 Treatment of obligation fuels (1) (2) This section applies if, in breach of the Customs and Excise Act 1996, a participant fails to remove obligation fuel for home consumption.
If this section applies, the obligation fuel that was not re- moved for home consumption must, for the purposes of this Act, be treated as obligation fuel removed for home consump- tion under the Customs and Excise Act 1996.

301 Part 5 s 203 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 203: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
302 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 204 Subpart 3—Stationary energy sector Subpart 3: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
204 Participant with respect to mining coal or natural gas (1) This section applies if the following activities listed in Part 3 of Schedule 3 are carried out— (a) mining coal where the volume of coal mined exceeds 2 000 tonnes in a year: (2) (b) mining natural gas, other than for export.
If this section applies and— (a) a permit is required under any Act to carry out the min- ing, then the person who holds the permit is to be treated as the person carrying out the activity; or no permit is required to carry out the mining, then the owner of the mine is to be treated as the person carrying out the activity.
(b) (3) Despite subsection (2)(a), subsection (4) applies if— (a) (b) a permit relating to mining coal is held by 2 or more persons jointly under terms that entitle the individual holders to a proportion of the coal mined under the per- mit; or a permit relating to mining natural gas is held by 2 or more persons jointly under terms that entitle the indi- vidual holders to a proportion of the gas mined under the permit.
(4) If this subsection applies,— (a) (b) section 157 does not apply; and each of the individual holders referred to in subsec- tion (3)— (i) is to be treated as the person carrying out the activity referred to in subsection (1) in relation to any natural gas or coal (as applicable) to which the person is entitled under the permit; and (ii) must comply with the obligations of a participant under this Act in relation to the natural gas or coal (as applicable) to which the person is en- titled under the permit.
303 Part 5 s 205 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Section 204: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 204(3): added, on 8 December 2009, by section 71 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 204(4): added, on 8 December 2009, by section 71 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

205 Mining natural gas in exclusive economic zone and (1) continental shelf This Act applies to the activity of mining natural gas, other than for export, listed in Part 3 of Schedule 3, if that activity is carried out anywhere within the territorial limits of New Zealand, the exclusive economic zone, or in, on, or above the continental shelf.
(2) (1A) To avoid doubt, a person who carries out the activity of mining natural gas, other than for export, anywhere within the terri- torial limits of New Zealand, the exclusive economic zone, or in, on, or above the continental shelf is not to be treated as importing the natural gas mined from that activity for the pur- poses of this Act.
For the purposes of this section,— continental shelf has the same meaning as in section 2(1) of the Continental Shelf Act 1964 exclusive economic zone has the same meaning as in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Eco- nomic Zone Act 1977.

Section 205: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 205(1A): inserted, on 8 December 2009, by section 72 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
206 Obligation with respect to combusting used oil, waste oil, and waste A participant who carries out the activity of combusting used oil, waste oil, used tyres, or waste for the purpose of generating electricity or industrial heat listed in Part 3 of Schedule 3 is not required to surrender units in respect of any— 304 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 208 (a) (b) emissions that result from the combustion of used oil or waste oil if the used oil or waste oil combusted is an obligation fuel; or carbon dioxide that results from the combustion of waste that is organic waste.
Section 206: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
207 Obligation with respect to mining coal A participant 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— (a) is not required to surrender units in respect of any car- bon dioxide emissions from any coal that is exported: is required to surrender units in respect of any coal seam gas emissions that result from the activity.
(b) Section 207: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
(1) 208 Purchase of coal or natural gas from certain related companies of Part 3 of Schedule 3 participant For the purposes of the activities listed in Part 4 of Schedule 4, the reference to a participant who mines coal or natural gas includes the following persons: (a) a wholly owned subsidiary of a participant who mines coal or natural gas: a holding company of which a participant who mines coal or natural gas is a wholly owned subsidiary: another wholly owned subsidiary of a holding company of which a participant who mines coal or natural gas is the wholly owned subsidiary.
(b) (c) (2) In subsection (1), subsidiary and holding company have the same meaning as in section 5 of the Companies Act 1993.

Section 208: substituted, on 8 December 2009, by section 73 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
305 Part 5 s 209 Climate Change Response Act 2002 Reprinted as at 8 December 2009 209 Registration as participant by purchasers of coal or natural gas (2) (1) An application under section 57 to be registered as a partici- pant in respect of an activity listed in Part 4 of Schedule 4 may be submitted to the chief executive at any time.
If the chief executive registers a person as a participant under section 57 in respect of an activity listed in Part 4 of Schedule 4,— (a) the chief executive must notify, under section 57(6)(b), every person who— mines— (i) (A) coal, if the activity specified in the appli- cation is purchasing coal; or natural gas, if the activity specified in the application is purchasing natural gas; and (B) (3) (b) is registered under section 56; and (ii) the registration takes effect 12 months from the date of the notice issued under section 57(6).
If the chief executive has received an application under sec- tion 58 for removal of a person’s name from the register as a participant in respect of an activity listed in Part 4 of Schedule 4, the chief executive must— (a) notify, under section 58(3)(c), every person who— (i) mines— (A) (B) coal, if the activity specified in the appli- cation is purchasing coal; or natural gas, if the activity specified in the application is purchasing natural gas; and (b) is registered under section 56; and (ii) remove, under section 58(4), the applicant’s name from the register on the date that is 48 months after the date of the notice issued under section 58(3)(b) and (c).
(4) Despite anything in subsection (2)(b), if the chief executive receives an application submitted under subsection (1) by 31 January 2009, registration of the applicant as a participant may take effect from 1 January 2010 if— (a) the applicant requests in the application that registration take effect from 1 January 2010; and 306 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 211 (b) the chief executive has provided notification under sec- tion 57(6) by 31 March 2009 (which notice must specify 1 January 2010 as the date from which registration takes effect).
Section 209: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
210 Historical information sufficient to satisfy chief executive (1) A person who carries out an activity listed in Part 4 of Sched- ule 4 may, in an application to register as a participant in re- spect of that activity submitted under section 57, include with the application information about the total volume of coal or natural gas, as the case may be, purchased by the person in the year prior to the year in which the person submits the applica- tion (and any other prior years the person wishes).
If the chief executive receives an application under section 57 that includes the information specified in subsection (1), the chief executive may, for the purposes of section 57(4), satisfy himself or herself that the person is (or will, when the person’s registration takes effect, be) carrying out an activity listed in Part 4 of Schedule 4 that is specified in the application on the basis of that information.
(2) (3) Nothing in this section prevents the chief executive from re- quiring a person specified in subsection (1) to provide any fur- ther information that the chief executive requires to satisfy him or herself that the person is, or will be when the person’s regis- tration takes effect, carrying out the activity listed in Part 4 of Schedule 4 that is specified in the application.
Section 210: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
211 Effect of purchasing less than threshold level of coal or natural gas If a person is a participant in respect of an activity listed in Part 4 of Schedule 4, and in any year the volume of coal or natural gas that the person purchases is less than, or the person knows that the volume purchased will be less than, the thresholds specified in Part 4 of Schedule 4,— 307 Part 5 s 212 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) (c) the person is not required to notify the chief executive under section 59(1) that the person has ceased, or will cease, to carry out the activity; and the chief executive must not, under section 59(2), treat the person as having ceased to carry out the activity; and the person remains a participant in respect of the activity until the person’s name is removed, in accordance with this Act, from the register that is kept for the purposes of section 57.
Section 211: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

212 Effect of registration by purchasers of coal or natural gas A participant who mines coal or mines natural gas is not re- quired to surrender units in respect of coal or natural gas that is purchased by a person who is a participant in respect of an activity listed in Part 4 of Schedule 4.
Section 212: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 212: amended, on 8 December 2009, by section 74 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Subpart 4—Agriculture Subpart 4: substituted, on 8 December 2009, by section 75 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
213 Participant in respect of subpart 4 of Part 5 of Schedule 3 If an activity listed in subpart 4 of Part 5 of Schedule 3 is (1) carried out, the landowner of the land on which it is carried out is to be treated as the person carrying out the activity unless the chief executive is satisfied that there is a written agreement in place between the landowner and a third party that— (a) allows access by the third party to the land on which the activity listed in subpart 4 of Part 5 of Schedule 3 is being carried out and the third party is carrying out the activity listed in subpart 4 of Part 5 of Schedule 3 on the land; and (b) was entered into— 308 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 215 (i) (ii) on or after the date appointed in the Order in Council under section 2A(9) that applies the ac- tivity listed in subpart 4 of Part 5 of Schedule 3 to the person carrying out the activity, and is for a term of at least 3 years; or before the date appointed in the Order in Coun- cil under section 2A(9) that applies the activity listed in subpart 4 of Part 5 of Schedule 3 to the person carrying out the activity, and had at least 3 years until expiry at the date appointed in the Order in Council.
(2) (3) If the chief executive is satisfied that the criteria specified in subsection (1)(a) and (b) are met, the third party is to be treated as the person carrying out the activity.

To avoid doubt, for the purposes of this Act, no person, other than a landowner or, in the circumstances specified in subsec- tion (2), a third party, is to be treated as carrying out an activity listed in subpart 4 of Part 5 of Schedule 3.
Section 213: substituted, on 8 December 2009, by section 75 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
214 Units not required to be surrendered for fertilisers embedded in products A participant who carries out the activity listed in subpart 1 of Part 5 of Schedule 3 of importing or manufacturing synthetic fertilisers containing nitrogen is not required to surrender units in respect of any synthetic fertiliser containing nitrogen that— is permanently embedded in a product as part of a manu- (a) facturing process; and does not result in any emissions.
(b) Section 214: substituted, on 8 December 2009, by section 75 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

215 Effect of purchasing or farming less than threshold level [Repealed] Section 215: repealed, on 8 December 2009, by section 75 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
309 Part 5 s 216 Climate Change Response Act 2002 Reprinted as at 8 December 2009 216 Effect of registration by farmers [Repealed] Section 216: repealed, on 8 December 2009, by section 75 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Subpart 5—Transitional provisions Subpart 5: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
217 Transitional provision for penalties (1) This section applies to a participant who submits an annual emissions return in respect of an activity listed in— (a) (b) (c) (d) (e) Part 1 of Schedule 3 that relates to the period 1 January 2008 to 31 December 2009; or Part 2, Part 3, or subpart 1 of Part 4 of Schedule 3 or Part 3 or 4 of Schedule 4 that relates to the period 1 January 2010 to 31 December 2010; or subpart 2 of Part 4 or Part 6 of Schedule 3 that relates to the period 1 January 2013 to 31 December 2013; or subpart 1 or 3 of Part 5 of Schedule 3 that relates to the period 1 January 2015 to 31 December 2015; or subpart 2 or 4 of Part 5 of Schedule 3 that relates to the first year in respect of which the participant is required to surrender units for emissions from the activity.
(2) Despite anything in this Act,— (a) (b) a participant to whom subsection (1)(a) applies is not liable under section 129(1)(a) for a failure to comply with section 62 in relation to the period before— (i) (ii) section 62 comes into force; and any regulations setting out the data or other pre- scribed information to be collected in relation to an activity listed in Part 1 of Schedule 3 come into force: if the emissions return of a participant to whom subsec- tion (1) applies is amended by the chief executive under section 120, the participant— 310 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 218 (i) (ii) is liable to surrender any units or additional units required to be surrendered under section 123(3); but is not liable to pay an excess emissions penalty under section 134(2)(b)(ii) in relation to those units: (c) if a participant to whom subsection (1) applies fails to surrender units or additional units as required under sec- tion 123(3), section 159(1)(a) applies as if the date of the notice given under section 123(3) were the date of the penalty notice given under section 134 or 136.
Section 217: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 217(1): substituted, on 8 December 2009, by section 76 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
218 Transitional provision for voluntary reporting (1) This section applies to— (a) a person who carries out an activity listed in— (i) (ii) (iii) (iv) Part 2 of Schedule 3 in the period 1 January 2009 to 31 December 2009: subpart 1 or 3 of Part 5 of Schedule 3 in the period 1 January 2011 to 31 December 2011: subpart 2 of Part 4 of Schedule 3 or Part 6 of Schedule 3 in the period 1 January 2011 to 31 De- cember 2011: subpart 2 or 4 of Part 5 of Schedule 3 in the year commencing on a date appointed by Order in Council made under section 2A(8) or (9) (to the extent the order applies to persons carrying out an activity listed in those subparts) on and after which the relevant subpart applies to the person; or (b) a person who is a participant in relation to an activity listed in— (i) Part 3 of Schedule 4 in the period 1 January 2009 to 31 December 2009: subpart 3 of Part 2 of Schedule 4 in the period 1 January 2011 to 31 December 2011.
(ii) 311 Part 5 s 218 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (iii) [Repealed] (2) Despite anything in this Act, a person to whom this section applies— (a) may (but is not required to), if the person carries out an activity in subsection (1)(a)(i) to (iii) during the relevant period, notify the chief executive under section 56 that the person is a participant in respect of the activity: (ab) must, if the person carries out an activity specified in subsection (1)(a)(iv) during the relevant period, notify the chief executive under section 56 that the person is a participant in respect of the activity: (b) may (but is not required to), if the person has notified the chief executive that the person carries out an activity in subsection (1)(a), or is a person to whom subsection (1)(b) applies, submit an annual emissions return under section 65 or an emissions return under section 66 or 118 in respect of the activity and the period in subsec- tion (1): (d) (c) may not surrender units in relation to any emissions, and is not entitled to New Zealand units in relation to any removals, in respect of the relevant activity and period in subsection (1): is not required to comply, except as provided in para- graph (ab), with any of the obligations of a participant under this Act in respect of the relevant activity and period in subsection (1): is not liable under the offence provisions in sections 129 to 133 for any acts or omissions in relation to the relevant activity and period in subsection (1).
(e) The chief executive must not include information obtained from an emissions return submitted in accordance with sub- section (2)(b) in the information published under section 89.

Section 218: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 218(1)(a)(ii): amended, on 8 December 2009, by section 77(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 218(1)(a)(iii): amended, on 8 December 2009, by section 77(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

(3) 312 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 219 Section 218(1)(a)(iv): added, on 8 December 2009, by section 77(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 218(1)(b)(iii): repealed, on 8 December 2009, by section 77(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 218(2)(a): amended, on 8 December 2009, by section 77(4) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 218(2)(ab): inserted, on 8 December 2009, by section 77(5) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 218(2)(d): substituted, on 8 December 2009, by section 77(6) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
219 Transitional provision for mandatory reporting by certain (1) participants This section applies to— (a) a person who carries out an activity listed in— (i) (ii) (iii) (iv) Part 2, Part 3, or subpart 1 of Part 4 of Schedule 3 in the period 1 January 2010 to 30 June 2010: subpart 1 or 3 of Part 5 of Schedule 3 in the period 1 January 2012 to 31 December 2014: subpart 2 of Part 4 of Schedule 3 or Part 6 of Schedule 3 in the period 1 January 2012 to 31 De- cember 2012: subpart 2 or 4 of Part 5 of Schedule 3 in the year following the year commencing on a date appointed by Order in Council made under sec- tion 2A(8) or (9) (to the extent the order applies to persons carrying out an activity listed in those subparts) on and after which the relevant subpart applies to the person; or (b) a person who is a participant in relation to an activity listed in Part 3 or 4 of Schedule 4 in the period 1 January 2010 to 30 June 2010.
(2) Despite anything in this Act, a person to whom this section applies may not surrender units— 313 Part 5 s 219 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) under section 65(4) in relation to any emissions reported in the person’s annual emissions return for the relevant period referred to in subsection (1); or under section 118(5) in relation to any emissions re- ported in an emissions return submitted under section 118 that relates to the relevant period referred to in sub- section (1).
In addition to the requirements specified in section 65, a person to whom subsection (1)(a)(i) or (b) applies must record in that person’s annual emissions return for the period 1 January 2010 to 31 December 2010 the emissions from the activity listed in Part 2, Part 3, or subpart 1 of Part 4 of Schedule 3 or Part 3 or 4 of Schedule 4, calculated under section 62(b) and, if required, verified under section 62(c), for the period 1 July 2010 to 31 December 2010.
For the purposes of calculating emissions for the period 1 July 2010 to 31 December 2010 under subsection (3)— (a) references to a year in the Climate Change (Liquid Fossil Fuels) Regulations 2008 and the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 must be treated as references to the period 1 July 2010 to 31 December 2010; and the provisions of the regulations specified in paragraph (a) apply to emissions described in subsection (3) with any necessary modifications.
(b) Subsections (3) and (4) apply with any necessary modifica- tions to a return that covers any part of the period 1 January 2010 to 31 December 2010 that is submitted under section 118 by a person to whom subsection (1)(a)(i) or (b) applies.

Section 219: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 219(1)(a)(i): substituted, on 8 December 2009, by section 78(1) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 219(1)(a)(ii): substituted, on 8 December 2009, by section 78(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 219(1)(a)(iii): amended, on 8 December 2009, by section 78(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
(3) (4) (5) 314 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 220 Section 219(1)(a)(iii): amended, on 8 December 2009, by section 78(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 219(1)(a)(iv): added, on 8 December 2009, by section 78(4) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 219(1)(b): substituted, on 8 December 2009, by section 78(5) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 219(3): added, on 8 December 2009, by section 78(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Section 219(4): added, on 8 December 2009, by section 78(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Section 219(5): added, on 8 December 2009, by section 78(6) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
220 Transitional provision relating to unit entitlements for subpart 1 or 3 of Part 2 of Schedule 4 participants Despite anything in this Act,— (a) a person who is a participant in respect of an activity listed in subpart 1 of Part 2 of Schedule 4 and submits an annual emissions return for the period 1 January 2010 to 31 December 2010, or any other emissions return that relates to dates within the period 1 January 2010 to 30 June 2010, is not entitled to be transferred units under section 64 in relation to any removals from the activity reported in any return in respect of the period 1 January 2010 to 30 June 2010; and a person who is a participant in relation to an activity listed in subpart 3 of Part 2 of Schedule 4 and submits an annual emissions return for the period 1 January 2012 to 31 December 2012, or any other emissions return that relates to dates within that period, is not entitled to be transferred units under section 64 in relation to any removals from the activity reported in that return; and in addition to satisfying the requirements in section 65, a person to whom paragraph (a) applies must record re- movals calculated under section 62(b) and, if required, verified under section 62(c), for the period— (b) (c) 315 Part 5 s 221 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (i) (ii) (iii) 1 July 2010 to 31 December 2010, in the person’s annual emissions return for the period 1 January 2010 to 31 December 2010; and 1 July 2010 to 31 December 2010, in any emis- sions return
 submitted under section 66 that covers the dates within that period; and 1 July 2010 to 30 September 2010, in any emis- sions return submitted under section 66 that covers dates within that period.
Section 220: substituted, on 8 December 2009, by section 79 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
221 Additional transitional provisions for Part 3 of Schedule 4 participants (1) A person who purchases more than 10 million litres per year of obligation jet fuel from 1 or more persons who are likely to become participants in respect of an activity listed in Part 2 of Schedule 3 from 1 January 2010 is, during the period from the date of commencement of this section until 31 December 2009, to be treated for the purposes of this Act as a person carrying out an activity listed in Part 3 of Schedule 4.
(2) Despite section 198(2)(b), the registration of a person who registers as a participant in respect of an activity listed in Part 3 of Schedule 4— (a) (b) before 1 January 2010, takes effect on 1 July 2010; and on or after 1 January 2010 and before 1 July 2010, takes effect on the date that is 5 months after the date of en- try of the person’s name as a participant in the register under section 57.
(3) A person who is a participant in relation to an activity listed in Part 3 of Schedule 4 during the period from the date of commencement of this section until 31 December 2008 may not submit an annual emissions return or an emissions return under section 118 in respect of that activity for the period up to 31 December 2008.
The provisions of this Act apply with any necessary modifica- tions to an application to register as a participant by a person referred to in subsection (1) as if the person or persons from (4) 316 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 222B whom the applicant purchases jet fuel were a participant carry- ing out an activity listed in Part 2 of Schedule 3.
Section 221: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Section 221(2): substituted, on 8 December 2009, by section 80 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
222 Transitional provisions regarding regulations that replace existing unit register regulations Section 30H(1) and (3) do not apply to any regulations that— (a) (b) come into force in 2008; and replace the Climate Change (Unit Register) Regulations 2007.

Section 222: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
222A Transitional provision for liability to surrender units to (1) cover emissions from activities relating to liquid fossil fuels, stationary energy, and industrial processes This section applies to a person who— (a) carries out an activity listed in Part 2, Part 3, or subpart 1 of Part 4 of Schedule 3 in the period 1 July 2010 to 31 December 2012; or is a participant in relation to an activity listed in Part 3 or 4 of Schedule 4 in the period 1 July 2010 to 31 De- cember 2012.
(b) (2) Despite anything in this Act, a person to whom this section applies is only liable to surrender, and may only surrender, 1 unit for each 2 whole tonnes of emissions from the activity in respect of the period referred to in subsection (1).

Section 222A: inserted, on 8 December 2009, by section 81 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
222B Transitional provision for entitlement to receive New Zealand units for removal activities This section applies to a person who is— (1) 317 Part 5 s 222C Climate Change Response Act 2002 Reprinted as at 8 December 2009 (a) (b) a participant in respect of an activity listed in Part 2 of Schedule 4 in the period 1 July 2010 to 31 December 2012; and entitled to receive units under section 64 in respect of that period.
(2) Despite section 64, a participant to whom this section applies is entitled to receive only 1 New Zealand unit for each 2 whole tonnes of removals from the activity in respect of the period referred to in subsection (1).

Section 222B: inserted, on 8 December 2009, by section 81 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
222C Transitional provision permitting payment of money instead of surrender of units to cover emissions This section applies if— (a) a person is required to surrender or repay units— (i) (1) (ii) (iii) (b) under section 65(4), 118(5), 189(8), or 193 for emissions from an activity listed in Part 1 of Schedule 3 or Part 1 of Schedule 4 in respect of any part of the period 1 January 2008 to 31 De- cember 2012; or under section 65(4) or 118(5) for emissions from any other activity in respect of any part of the period 1 July 2010 to 31 December 2012; or under section 187 or 191 during the period 1 January 2008 to 31 January 2013; or the chief executive is required under section 123(4) or 189(7)(d) to arrange for the reimbursement of units be- cause a person has surrendered too many units— (i) for emissions from an activity listed in Part 1 of Schedule 3 or Part 1 of Schedule 4 in respect of any part of the period 1 January 2008 to 31 De- cember 2012; or for emissions from any other activity in respect of any part of the period 1 July 2010 to 31 December 2012; or under section 187 or 191 during the period 1 January 2008 to 31 January 2013.
(ii) (iii) 318 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 222C (2) Despite anything in this Act, if this section applies, a person may satisfy the person’s obligation to surrender, repay, or re- imburse units by,— (a) (ii) in the case of a person other than the chief executive,— surrendering or repaying the units in accordance (i) with section 65(4), 118(5), 187, 189(8), 191, or 193 as applicable; or paying a sum of $25 for each unit that the person is liable to surrender or repay, into a Crown bank account, by the date or within the period by which the units are required to be surrendered or repaid; or a combination of— (A) (iii) (B) surrendering or repaying units in accord- ance with section 65(4), 118(5), 187, 189(8), 191, or 193 as applicable; and paying a sum of $25 for each unit that the person is liable to surrender or repay, but has not surrendered or repaid or will not surrender or repay in accordance with sub- subparagraph (A), into a Crown bank ac- count by the date or within the period by which the units are required to be surren- dered or repaid; or (b) in the case of the chief executive,— (i) (ii) (iii) reimbursing a person with units in accordance with the procedure specified in section 124; or paying a sum of $25 for each unit into a bank account designated by the person; or a combination of— (A) reimbursing a person with units in accord- ance with the procedure specified in sec- tion 124; and paying the sum of $25 for each unit not so reimbursed into a bank account designated by the person.
(B) (3) For the purposes of subsection (2)(a)(ii) and (iii)(B), a person’s obligation to surrender units or repay units is only satisfied when the funds paid into a Crown bank account are cleared.

319 Part 5 s 222D Climate Change Response Act 2002 Reprinted as at 8 December 2009 (4) For the purposes of subsection (3) and section 222D(1), funds paid into a Crown bank account are to be treated as cleared when it is no longer possible to reverse the payment and the funds are available for use by the Crown.
Section 222C: inserted, on 8 December 2009, by section 81 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
222D Issuing New Zealand units to meet surrender obligation (1) If, in accordance with section 222C(2)(a)(ii) or (iii)(B), a per- son pays a sum of $25 instead of surrendering a unit that the person is liable to surrender, the Registrar must, when the funds are cleared,— (a) issue a number of New Zealand units into a Crown hold- ing account equal to the number of units in respect of which the person has paid a sum of $25; and transfer the New Zealand units into the person’s holding account held for the purpose of section 61(1); and immediately following the transfer under paragraph (b), transfer the New Zealand units to a surrender account designated by the chief executive.
(b) (c) The Registrar may, for the purposes of subsection (1)(a), issue a number of New Zealand units equal to the number of units in respect of which 1 or more persons have paid a sum of $25 under section 222C(2)(a)(ii) or (iii)(B).
If the chief executive is required to reimburse a person units under section 123(4) or 189(7)(d) and has satisfied his or her obligation to do so by paying to the person a sum of $25 for the units in accordance with section 222C(2)(b)(ii) or (iii)(B), then the Registrar must— (a) transfer from the appropriate surrender account to the person’s holding account held for the purpose of sec- tion 61(1) a number of New Zealand units equal to the number of units for which the chief executive paid the person a sum of $25; and immediately following the transfer under paragraph (a), transfer the New Zealand units from the person’s hold- ing account to a cancellation account.
(b) (2) (3) 320 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 222F (4) (5) For the avoidance of doubt, section 68 does not apply in re- spect of any New Zealand units issued under this section.

If subsection (1) applies, this Act applies with any necessary modification as if the payment of $25 for a unit by a person and the transfer of a unit to a surrender account by the Registrar under this section were a surrender of a unit by the person.
(6) Despite anything in section 18CA(4), a New Zealand unit is transferred to a surrender account under subsec- that tion (1)(c) may be further transferred in accordance with subsection (3)(a).

Section 222D: inserted, on 8 December 2009, by section 81 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
222E Transitional provisions relating to reporting (1) In the period beginning on the date this section comes into force and ending with the close of 31 January 2014, the infor- mation that can be obtained by a search of the unit register in accordance with section 27(2)(c) must include— (a) the total quantity of New Zealand units issued during the relevant year; and the total quantity of New Zealand units issued under section 68 in that year; and the total quantity of New Zealand units issued under section 222D in that year.
(b) (c) (2) In the period from the date this section comes into force until 30 June 2013, the chief executive must publish, in accordance with section 89(2),— (a) the total sum of money paid to a Crown bank account in accordance with section 222C(2)(a)(ii) or (iii)(B); and the total sum of money paid by the chief executive in accordance with section 222C(2)(b)(ii) or (iii)(B).
Section 222E: inserted, on 8 December 2009, by section 81 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
(b) 222F Transitional provision for allocation to industry (1) Despite anything in this Act,— (a) a person who carries out an eligible industrial activity in the period 1 July 2010 to 31 December 2010 may 321 Part 5 s 222F Climate Change Response Act 2002 Reprinted as at 8 December 2009 apply for a provisional allocation or a final allocation in respect of that period under section 86 if— (i) the regulation prescribing the eligible industrial activity is notified in the Gazette before 31 De- cember 2012; and an application for— (A) (ii) a provisional allocation in respect of the period is made in the period commenc- ing on the date the regulation comes into force and ends on a date that is 3 months later than the date on which the regulation comes into force; or a final allocation in respect of the period is made by the date that is the later of the final date for such an application under section 86 or the date that is 3 months later than the date on which the regulation comes into force; and (B) (ii) sections 81 and 83 apply to a person’s application for a provisional allocation or a final allocation (as relevant) in respect of the period from 1 July 2010 to 31 Decem- ber 2010— (i) as if the variable PDCT in section 81 was the amount of each prescribed product from the eli- gible industrial activity produced by the person in the period 1 January 2009 to 31 December 2009, as determined in accordance with regulations (if any) made under this Act, and divided by 4; and as if the variable PDCT in section 83 was
 the amount of each prescribed product from the eli- gible industrial activity produced by the person in the period 1 July 2010 to 31 December 2010, as determined in accordance with regulations (if any) made under this Act, and divided by 2; and (iii) with any other necessary modifications as if the period 1 July 2010 to 31 December 2010 was the year in respect of which the application for a provisional allocation or a final allocation (as relevant) is made; and (b) 322 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 222G (c) an eligible person who carries out an eligible industrial activity in 2011 or 2012 is entitled to be allocated or pro- visionally allocated, in respect of any application made under section 86 in relation to those years, only 50% of the person’s allocation entitlement calculated under sections 81 to 84.
(2) Despite anything in this Act, a person who carries out an eli- gible industrial activity in the period 1 January 2011 to 31 De- cember 2011 or 1 January 2012 to 31 December 2012 may apply for a provisional allocation or a final allocation under section 86 in respect of the period if— (a) the regulation prescribing an eligible industrial activity is notified in the Gazette before 31 December 2012; and an application for a provisional allocation or a final al- location in respect of the period is made by the date that is the later of— (i) the final date for such an application under sec- tion 86; or the date that is 3 months after the date on which the regulation comes into force.
(ii) Section 222F: inserted, on 8 December 2009, by section 81 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
222G Transitional provision regarding prohibition on ability to export New Zealand units (1) Despite anything in this Act, during the period 1 July 2010 to 31 May 2013,— (a) an account holder may not apply to the Registrar under section 30E(1)(a) to convert a New Zealand unit held by that person into a designated assigned amount unit for the purposes of transferring that assigned amount unit to an account in an overseas registry; and the Registrar must not transfer to an account in an over- seas registry under section 18C— New Zealand units; or (i) designated assigned amount units that have been (ii) converted from New Zealand units under section 30E(3) before the commencement of this section.
(b) (b) 323 Part 5 s 222H Climate Change Response Act 2002 Reprinted as at 8 December 2009 (2) (b) This section does not apply to New Zealand units— (a) transferred for removals from an activity listed in Part 1 of Schedule 4; or transferred in accordance with a determination of the Minister under section 77 or 78 relating to an allocation under the pre-1990 forest land allocation plan.
Section 222G: inserted, on 8 December 2009, by section 81 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

222H Transitional provision for unincorporated bodies (1) This section applies to 3 or more joint owners of land, lease- holders, forestry right holders, or parties to a Crown conser- vation contract who registered together as a participant (joint participants) in accordance with section 157 before the com- mencement of this section.
If this section applies, then— (a) the joint participants are, on and after the commence- ment of this section, to be treated as members of an un- incorporated body that is a participant, but the unincor- porated body is not required to— (i) notify the chief executive that it is a participant as specified in section 157(2)(c)(ii)(A); or apply to be registered as a participant as specified in section 157(2)(c)(ii)(B); and (ii) (b) (c) (ii) the chief executive must notify the joint participants that they are— (i) now members of an unincorporated body for the purposes of this Act: required to provide the details specified in section 157(2)(c)(ii)(C) and (2)(d) to the chief executive within 20 working days of receiving the notice, unless the chief executive has these details; and the chief executive must, after receiving the information specified in paragraph (b)(ii), update any records relat- ing to the joint participants, including (but not limited to) by removing the names of the joint participants from any register kept under this Act and substituting the name of the unincorporated body.
(2) 324 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 5 s 222H (3) (4) (5) Failure to provide the information specified in section 157(2)(d)(i) in response to a notice given under subsection (2)(b) must be treated as an offence under section 131(1)(a) and that section applies as if the reference to section 94 in that section were a reference to this section.
If the joint participants fail to provide the information specified in a notice given under subsection (2)(b) within the specified period, the chief executive may, as applicable,— (a) choose a name for the unincorporated body and update any records relating to the joint participants as specified in subsection (2)(c); and nominate 1 of the members of the unincorporated body as the person to whom notices are to be given.
If the chief executive updates any records relating to joint par- ticipants in accordance with subsection (2)(c) or (4), the chief executive must notify the person authorised or nominated to receive notices on behalf of the unincorporated body accord- ingly.
(b) (6) Despite subsection (2),— (a) (b) until the chief executive updates any records in relation to any joint participants, the joint participants together remain registered as a participant, and are jointly and severally liable for all obligations, and jointly and sev- erally entitled to all benefits, arising from their status as a participant; and the joint participants whose names have been removed from a register and the unincorporated body whose name has been substituted on that register are to be treated for the purposes of this Act as the same partici- pant.
Section 222H: inserted, on 8 December 2009, by section 81 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Part 6 Other matters Part 6: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
325 Part 6 s 223 Climate Change Response Act 2002 Reprinted as at 8 December 2009 223 Establishment of Household Fund [Repealed] Section 223: repealed, on 8 December 2009, by section 82 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

224 Gazetting of targets (1) (2) The Minister responsible for the administration of this Act must set a target.
The Minister responsible for the administration of the Act may set a target, or amend or revoke an existing target, at any time.

(2A) Before the Minister sets, amends, or revokes a target, the Min- ister must consult, or be satisfied that the chief executive has consulted, persons (or their representatives) that appear to the Minister or the chief executive likely to have an interest in the target.
(3) As soon as practicable after setting, amending, or revoking a target under this section, the Minister must— (a) publicly notify the target or revocation of the target in the Gazette; and (b) make the target or revocation of the target publicly ac- cessible via the Internet site of the department of the chief executive responsible for the administration of this Act.
To avoid doubt, the Gazette notice in subsection (1) may not be treated as a regulation for the purposes of the Regulations (Disallowance) Act 1989 or the Acts and Regulations Publi- cations Act 1989.

To avoid doubt, any number of targets may be set using the process under this section.

Section 224: added, on 26 September 2008, by section 50 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).
Section 224(2A): inserted, on 8 December 2009, by section 83 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

(4) (5) 326 (2) (3) (4) Reprinted as at 8 December 2009 Climate Change Response Act 2002 Part 6 s 225 225 Regulations relating to targets (1) The Governor-General may, by Order in Council made on the recommendation of the Minister responsible for the adminis- tration of this Act, make regulations setting a target.
Before recommending the making of an Order in Council under subsection (1), the Minister must consult, or be satisfied that the chief executive has consulted, persons (or their repre- sentatives) that appear to the Minister or the chief executive likely to have an interest in the order.
The Minister responsible for the administration of this Act— (a) must review the target following publication of any In- tergovernmental Panel on Climate Change Assessment Report or report of a successor agency; and (b) may at any time recommend to the Governor-General the setting of a target, or amendment or revocation of a target, having regard to the following matters: (i) any Intergovernmental Panel on Climate Change Assessment Report or report of a successor agency: any other matters the Minister considers relevant.
To avoid doubt, any number of targets may be set using the process under this section.

Section 225: added, on 8 December 2009, by section 84 of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

(ii) 327 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Schedule 1 United Nations Framework Convention on Climate Change s 4 (This table of contents is not part of the Convention.)
Contents Definitions Objective Principles Commitments Research and systematic observation Education, training and public awareness Conference of the parties Secretariat Subsidiary body for scientific and technological advice Subsidiary body for implementation Financial mechanism Communication of information related to implementation Resolution of questions regarding implementation Settlement of disputes Amendments to the Convention Adoption and amendment of annexes to the Convention Page No 252 253 253 254 261 262 262 265 266 267 267 269 271 271 273 273 Article No 328 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Preamble (This table of contents is not part of the Convention.)
Contents Article No 26 Protocols Right to vote Depositary Signature Interim arrangements Ratification, acceptance, approval or accession Entry into force Reservations Withdrawal Authentic texts Annex I Annex II Page No 274 275 275 275 276 276 277 277 277 278 279 281 329 Preamble Climate Change Response Act 2002 Reprinted as at 8 December 2009 The Parties to this Convention, Acknowledging that change in the Earth’s climate and its ad- verse effects are a common concern of humankind, Concerned that human activities have been substantially in- creasing the atmospheric concentrations of greenhouse gases, that these increases enhance the natural greenhouse effect, and that this will result on average in an additional warming of the Earth’s surface and atmosphere and may adversely affect nat- ural ecosystems and humankind, Noting that the largest share of historical and current global emissions of greenhouse gases has originated in developed countries, that per capita emissions in developing countries are still relatively low and that the share of global emissions ori- ginating in developing countries will grow to meet their social and development needs, Aware of the role and importance in terrestrial and marine ecosystems of sinks and reservoirs of greenhouse gases, Noting that there are many uncertainties in predictions of cli- mate change, particularly with regard to the timing, magnitude and regional patterns thereof, Acknowledging that the global nature of climate change calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international re- sponse, in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions, Recalling the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, adopted at Stockholm on 16 June 1972, Recalling also that States have, in accordance with the Charter of the United Nations and the
 principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction, 330 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Preamble Reaffirming the principle of sovereignty of States in inter- national cooperation to address climate change, Recognizing that States should enact effective environmental legislation, that environmental standards, management object- ives and priorities should reflect the environmental and devel- opmental context to which they apply, and that standards ap- plied by some countries may be inappropriate and of unwar- ranted economic and social cost to other countries, in particu- lar developing countries, Recalling the provisions of General Assembly resolution 44/228 of 22 December 1989 on the United Nations Con- ference on Environment and Development, and resolutions 43/53 of 6 December 1988, 44/207 of 22 December 1989, 45/212 of 21 December 1990 and 46/169 of 19 December 1991 on protection of global climate for present and future generations of mankind, Recalling also the provisions of General Assembly resolution 44/206 of 22 December 1989 on the possible adverse effects of sea-level rise on islands and coastal areas, particularly low- lying coastal
 areas and the pertinent provisions of General As- sembly resolution 44/172 of 19 December 1989 on the imple- mentation of the Plan of Action to Combat Desertification, Recalling further the Vienna Convention for the Protection of the Ozone Layer, 1985, and the Montreal Protocol on Sub- stances that Deplete the Ozone Layer, 1987, as adjusted and amended on 29 June 1990, Noting the Ministerial Declaration of the Second World Cli- mate Conference adopted on 7 November 1990, Conscious of the valuable analytical
 work being conducted by many States on climate change and of the important contri- butions of the World Meteorological Organization, the United Nations Environment Programme and other organs, organiza- tions and bodies of the United Nations system, as well as other international and intergovernmental bodies, to the exchange of results of scientific research and the coordination of research, Recognizing that steps required to understand and address climate change will be environmentally, socially and econom- ically most effective if they are based on relevant scientific, 331 Preamble Climate Change Response Act 2002 Reprinted as at 8 December 2009 technical and economic considerations and continually re-evaluated in the light of new findings in these areas, Recognizing that various actions to address climate change can be justified economically in their own right and can also help in solving other environmental problems, Recognizing also the need for developed countries to take im- mediate action in a flexible manner on the basis of clear prior- ities, as a first step towards comprehensive response strategies at the global, national and, where agreed, regional levels that take into account all greenhouse gases, with due consideration of their relative contributions to the enhancement of the green- house effect, Recognizing further that low-lying and other small island countries, countries with low-lying coastal, arid and semi-arid areas or areas liable to floods, drought and desertification, and developing countries with fragile mountainous ecosystems are particularly vulnerable to the adverse effects of climate change, Recognizing the special difficulties of those countries, espe- cially developing countries, whose economies are particularly dependent on fossil fuel production, use and exportation, as a consequence of action taken on limiting greenhouse gas emis- sions, Affirming that responses to climate change should be coordi- nated with social and economic
 development in an integrated manner with a view to avoiding adverse impacts on the lat- ter, taking into full account the legitimate priority needs of de- veloping countries for the achievement of sustained economic growth and the eradication of poverty, Recognizing that all countries, especially developing coun- tries, need access to resources required to achieve sustainable social and economic development and that, in order for de- veloping countries to progress towards that goal, their energy consumption will need to grow taking into account the possi- bilities for achieving greater energy efficiency and for control- ling greenhouse gas emissions in general, including through the application of new technologies on terms which make such an application economically and socially beneficial, 332 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Determined to protect the climate system for present and fu- ture generations, Have agreed as follows: Article 1 Definitions1 For the purposes of this Convention: 1.
“Adverse effects of climate change” means changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio-economic systems or on human health and welfare.
“Climate change” means a change of climate which is at- tributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods.

“Climate system” means the totality of the atmosphere, hydro- sphere, biosphere and geosphere and their interactions.

“Emissions” means the release of greenhouse gases and/or their precursors into the atmosphere over a specified area and period of time.
“Greenhouse gases” means those gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation.

“Regional economic integration organization” means an or- ganization constituted by sovereign States of a given region which has competence in respect of matters governed by this Convention or its protocols and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the instruments concerned.
“Reservoir” means a component or components of the climate system where a greenhouse gas or a precursor of a greenhouse gas is stored.

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1 Titles of articles are included solely to assist the reader.

333 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 1—continued 8.

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“Sink” means any process, activity or mechanism which re- moves a greenhouse gas, an aerosol or a precursor of a green- house gas from the atmosphere.
“Source” means any process or activity which releases a greenhouse gas, an aerosol or a precursor of a greenhouse gas into the atmosphere.
Article 2 Objective The ultimate objective of this Convention and any related legal in- struments that the Conference of the Parties may adopt is to achieve, in accordance with the relevant provisions of the Convention, stabi- lization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.
Such a level should be achieved within a time-frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable eco- nomic development to proceed in a sustainable manner.

Article 3 Principles In their actions to achieve the objective of the Convention and to implement its provisions, the Parties shall be guided, inter alia, by the following: 1.
The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities.

Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof.
The specific needs and special circumstances of developing country Parties, especially those that are particularly vulnera- ble to the adverse effects of climate change, and of those Par- ties, especially developing country Parties, that would have to bear a disproportionate or abnormal burden under the Conven- tion, should be given full consideration.

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334 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 3.

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Article 3—continued The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects.

Where there are threats of serious or irre- versible damage, lack of full scientific certainty should not be used as a reason for postponing such measures, taking into ac- count that policies and measures to deal with climate change should be cost-effective so as to ensure global benefits at the lowest possible cost.
To achieve this, such policies and meas- ures should take into account different socio-economic con- texts, be comprehensive, cover all relevant sources, sinks and reservoirs of greenhouse gases and adaptation, and comprise all economic sectors.

Efforts to address climate change may be carried out cooperatively by interested Parties.

The Parties have a right to, and should, promote sustainable development.
Policies and measures to protect the climate sys- tem against human-induced change should be appropriate for the specific conditions of each Party and should be integrated with national development programmes, taking into account that economic development is essential for adopting measures to address climate change.
The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties, particularly developing country Parties, thus enabling them better to ad- dress the problems of climate change.

Measures taken to com- bat climate change, including unilateral ones, should not con- stitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.
Article 4 Commitments All Parties, taking into account their common but differenti- ated responsibilities and their specific national and regional development priorities, objectives and circumstances, shall: (a) Develop, periodically update, publish and make avail- able to the Conference of the Parties, in accordance with Article 12, national inventories of anthropogenic emis- 335 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 (b) (c) (d) (e) (f) Article 4—continued sions by sources and removals by sinks of all green- house gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties; Formulate, implement, publish and regularly update national and, where appropriate, regional programmes containing measures to mitigate climate change by addressing anthropogenic emissions by sources and re- movals by sinks of all greenhouse gases not controlled by the Montreal Protocol, and measures to facilitate adequate adaptation to climate change; Promote and cooperate in the development, applica- tion and diffusion, including transfer, of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases not con- trolled by the Montreal Protocol in all relevant sectors, including the energy, transport, industry, agriculture, forestry and waste management sectors; Promote sustainable management, and promote and cooperate in the conservation and enhancement, as appropriate, of sinks and reservoirs of all greenhouse gases not controlled by the Montreal Protocol, in- cluding biomass, forests and oceans as well as other terrestrial, coastal and marine ecosystems; Cooperate in preparing for adaptation to the impacts of climate change; develop and elaborate appropriate and integrated plans for coastal zone management, water resources and agriculture, and for the protection and rehabilitation of areas, particularly in Africa, affected by drought and desertification, as well as floods; Take
 climate change considerations into account, to the extent feasible, in their relevant social, economic and environmental policies and actions, and employ appro- priate methods, for example impact assessments, for- mulated and determined nationally, with a view to mini- mizing adverse effects on the economy, on public health and on the quality of the environment, of projects or 336 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 4—continued measures undertaken by them to mitigate or adapt to climate change; technological, Promote and cooperate in scientific, technical, socio-economic and other research, sys- tematic observation and development of data archives related to the climate system and intended to further the understanding and to reduce or eliminate the remaining uncertainties regarding the causes, effects, magnitude and timing of climate change and the economic and social consequences of various response strategies; Promote and cooperate in the full, open and prompt ex- change of relevant scientific, technological, technical, socio-economic and legal information related to the cli- mate system and climate change, and to the economic and social consequences of various response strategies; Promote and cooperate in education, training and public awareness related to climate change and encourage the widest participation in this process, including that of non-governmental organizations; and Communicate to the Conference of the Parties informa- tion related to implementation, in accordance with Art- icle 12.
(g) (h) (i) (j) 2.

The developed country Parties and other Parties included in Annex I commit themselves specifically as provided for in the following: (a) Each of these Parties shall adopt national2 policies and take corresponding measures on the mitigation of cli- mate change, by limiting its anthropogenic emissions of greenhouse gases and protecting and enhancing its greenhouse gas sinks and reservoirs.
These poli- cies and measures will demonstrate that developed countries are taking the lead in modifying longer-term trends in anthropogenic emissions consistent with the objective of the Convention, recognizing that the re- turn by the end of the present decade to earlier levels 2 This includes policies and measures adopted by regional economic integra- tion organizations.
337 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 4—continued of anthropogenic emissions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol would contribute to such modification, and taking into account the differences in these Parties’ starting points and approaches, economic structures and resource bases, the need to maintain strong and sustainable economic growth, available technologies and other individual circumstances, as well as the need for equitable and appropriate contributions by each of these Parties to the global effort regarding that objective.
These Parties may implement such policies and measures jointly with other Parties and may assist other Parties in contributing to the achievement of the objective of the Convention and, in particular, that of this subparagraph; In order to promote progress to this end, each of these Parties shall communicate, within six months of the en- try into force of the Convention for it and periodic- ally thereafter, and in accordance with Article 12, de- tailed information on its policies and measures referred to in subparagraph (a) above, as well as on its resulting projected anthropogenic emissions by sources and re- movals by sinks of greenhouse gases not controlled by the Montreal Protocol for the period referred to in sub- paragraph (a), with the aim of returning individually or jointly to their 1990 levels these anthropogenic emis- sions of carbon dioxide and other greenhouse gases not controlled by the Montreal Protocol.
This information will be reviewed by the Conference of the Parties, at its first session and periodically thereafter, in accordance with Article 7; Calculations of emissions by sources and removals by sinks of greenhouse gases for the purposes of sub- paragraph (b) above should take into account the best available scientific knowledge, including of the effect- ive capacity of sinks and the respective contributions of such gases to climate change.
The Conference of the (b) (c) 338 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 4—continued (d) (e) (f) Parties shall consider and agree on methodologies for these calculations at its first session and review them regularly thereafter; The Conference of the Parties shall, at its first session, review the adequacy of subparagraphs (a) and (b) above.
Such review shall be carried out in the light of the best available scientific information and assessment on climate change and its impacts, as well as relevant technical, social and economic information.

Based on this review, the Conference of the Parties shall take appropriate action, which may include the adoption of amendments to the commitments in subparagraphs (a) and (b) above.
The Conference of the Parties, at its first session, shall also take decisions regarding criteria for joint implementation as indicated in subparagraph (a) above.
A second review of subparagraphs (a) and (b) shall take place not later than 31 December 1998, and thereafter at regular intervals determined by the Conference of the Parties, until the objective of the Convention is met; Each of these Parties shall: (i) Coordinate as appropriate with other such Par- ties, relevant economic and administrative instru- ments developed to achieve the objective of the Convention; and Identify and periodically review its own policies and practices which encourage activities that lead to greater levels of anthropogenic emissions of greenhouse gases not controlled by the Montreal Protocol than would otherwise occur; (ii) The Conference of the Parties shall review, not later than 31 December 1998, available information with a view to taking decisions regarding such amendments to the lists in Annexes I and II as may be appropriate, with the approval of the Party concerned; (g) Any Party not included in Annex I may, in its instrument of ratification, acceptance, approval or accession, or at 339 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 4—continued any time thereafter, notify the Depositary that it intends to be bound by subparagraphs (a) and (b) above.
The Depositary shall inform the other signatories and Parties of any such notification.

The developed country Parties and other developed Parties in- cluded in Annex II shall provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in complying with their obligations under Art- icle 12, paragraph 1.
They shall also provide such financial resources, including for the transfer of technology, needed by the developing country Parties to meet the agreed full incre- mental costs of implementing measures that are covered by paragraph 1 of this Article and that are agreed between a de- veloping country Party and the international entity or entities referred to in Article 11, in accordance with that Article.
The implementation of these commitments shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden sharing among the developed country Parties.

The developed country Parties and other developed Parties in- cluded in Annex II shall also assist the developing country Parties that are particularly vulnerable to the adverse effects of climate change in meeting costs of adaptation to those ad- verse effects.
The developed country Parties and other developed Parties in- cluded in Annex II shall take all practicable steps to promote, facilitate and finance, as appropriate, the transfer of, or ac- cess to, environmentally sound technologies and know-how to other Parties, particularly developing country Parties, to en- able them to implement the provisions of the Convention.
In this process, the developed country Parties shall support the development and enhancement of endogenous capacities and technologies of developing country Parties.

Other Parties and organizations in a position to do so may also assist in facilitat- ing the transfer of such technologies.

In the implementation of their commitments under paragraph 2 above, a certain degree of flexibility shall be allowed by the 3.

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340 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 4—continued 7.

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Conference of the Parties to the Parties included in Annex I undergoing the process of transition to a market economy, in order to enhance the ability of these Parties to address climate change, including with regard to the historical level of anthro- pogenic emissions of greenhouse gases not controlled by the Montreal Protocol chosen as a reference.
The extent to which developing country Parties will effectively implement their commitments under the Convention will de- pend on the effective implementation by developed country Parties of their commitments under the Convention related to financial resources and transfer of technology and will take fully into account that economic and social development and poverty eradication are the first and overriding priorities of the developing country Parties.
In the implementation of the commitments in this Article, the Parties shall give full consideration to what actions are neces- sary under the Convention, including actions related to fund- ing, insurance and the transfer of technology, to meet the spe- cific needs and concerns of developing country Parties arising from the adverse effects of climate change and/or the impact of the implementation of response measures, especially on: (a) (b) (c) Small island countries; Countries with low-lying coastal areas; Countries with arid and semi-arid areas, forested areas and areas liable to forest decay; Countries with areas prone to natural disasters; Countries with areas liable to drought and desertifica- tion; Countries with areas of high urban atmospheric pollu- tion; Countries with areas with fragile ecosystems, including mountainous ecosystems; Countries whose economies are highly dependent on in- come generated from the production, processing and ex- port, and/or on consumption of fossil fuels and associ- ated energy-intensive products; and Land-locked and transit countries.
(d) (e) (f) (g) (h) (i) 341 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 4—continued 9.

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Further, the Conference of the Parties may take actions, as appropriate, with respect to this paragraph.

The Parties shall take full account of the specific needs and special situations of the least developed countries in their ac- tions with regard to funding and transfer of technology.
The Parties shall, in accordance with Article 10, take into consideration in the implementation of the commitments of the Convention the situation of Parties, particularly devel- oping country Parties, with economies that are vulnerable to the adverse effects of the implementation of measures to respond to climate change.
This applies notably to Parties with economies that are highly dependent on income gen- erated from the production, processing and export, and/or consumption of fossil fuels and associated energy-intensive products and/or the use of fossil fuels for which such Parties have serious difficulties in switching to alternatives.
Article 5 Research and systematic observation In carrying out their commitments under Article 4, paragraph 1(g), the Parties shall: (a) Support and further develop, as appropriate, inter- national and intergovernmental programmes and net- works or organizations aimed at defining, conducting, assessing and financing research, data collection and systematic observation, taking into account the need to minimize duplication of effort; Support international and intergovernmental efforts to strengthen systematic observation and national scien- tific and technical research capacities and capabilities, particularly in developing countries, and to promote ac- cess to, and the exchange of, data and analyses thereof obtained from areas beyond national jurisdiction; and Take into account the particular concerns and needs of developing countries and cooperate in improving their endogenous capacities and capabilities to participate (b) (c) 342 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 5—continued in the efforts referred to in subparagraphs (a) and (b) above.
Article 6 Education, training and public awareness In carrying out their commitments under Article 4, paragraph 1(i), the Parties shall: (a) Promote and facilitate at the national and, as appropri- ate, subregional and regional levels, and in accordance with national laws and regulations, and within their re- spective capacities: (i) The development and implementation of educa- tional and public awareness programmes on cli- mate change and its effects; Public access to information on climate change and its effects; (ii) (b) (iii) Public participation in addressing climate change and its effects and developing adequate re- sponses; and (iv) Training of scientific, technical and man- agerial personnel.
Cooperate in and promote, at the international level, and, where appropriate, using existing bodies: (i) The development and exchange of educational and public awareness material on climate change and its effects; and The development and implementation of edu- cation and training programmes, including the strengthening of national institutions and the ex- change or secondment of personnel to train ex- perts in this field, in particular for developing countries.

(ii) Article 7 Conference of the parties 1.


A Conference of the Parties is hereby established.


343 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 7—continued (c) (b) The Conference of the Parties, as the supreme body of this Convention, shall keep under regular review the implemen- tation of the Convention and any related legal instruments that the Conference of the Parties may adopt, and shall make, within its mandate, the decisions necessary to promote the ef- fective implementation of the Convention.
To this end, it shall: Periodically examine the obligations of the Parties and (a) the institutional arrangements under the Convention, in the light of the objective of the Convention, the experi- ence gained in its implementation and the evolution of scientific and technological knowledge; Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under the Convention; Facilitate, at the request of two or more Parties, the co- ordination of measures adopted by them to address cli- mate change and its effects, taking into account the dif- fering circumstances, responsibilities and capabilities of the Parties and their respective commitments under the Convention; Promote and guide, in accordance with the objective and provisions of the Convention, the development and periodic refinement of comparable methodologies, to be agreed on by the Conference of the Parties, inter alia, for preparing inventories of greenhouse gas emissions by sources and removals by sinks, and for evaluating the effectiveness of measures to limit the emissions and enhance the removals of these gases; Assess, on the basis of all information made available to it in accordance with the provisions of the Convention, the implementation of the Convention by the Parties, the overall effects of the measures taken pursuant to the Convention, in particular environmental, economic and social effects as well as their cumulative impacts and (d) (e) 2.
344 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 7—continued the extent to which progress towards the objective of the Convention is being achieved; Consider and adopt regular reports on the implementa- tion of the Convention and ensure their publication; (f) (g) Make recommendations on any matters necessary for (h) (i) (j) the implementation of the Convention; Seek to mobilize financial resources in accordance with Article 4, paragraphs 3, 4 and 5, and Article 11; Establish such subsidiary bodies as are deemed neces- sary for the implementation of the Convention; Review reports submitted by its subsidiary bodies and provide guidance to them; (l) (k) Agree upon and adopt, by consensus, rules of proced- ure and financial rules for itself and for any subsidiary bodies; Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies; and (m) Exercise such other functions as are required for the achievement of the objective of the Convention as well as all other functions assigned to it under the Conven- tion.
The Conference of the Parties shall, at its first session, adopt its own rules of procedure as well as those of the subsidiary bod- ies established by the Convention, which shall include deci- sion-making procedures for matters not already covered by de- cision-making procedures stipulated in the Convention.

Such procedures may include specified majorities required for the adoption of particular decisions.
The first session of the Conference of the Parties shall be con- vened by the interim secretariat referred to in Article 21 and shall take place not later than one year after the date of entry into force of the Convention.

Thereafter, ordinary sessions of the Conference of the Parties shall be held every year unless otherwise decided by the Conference of the Parties.

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Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 7—continued Extraordinary sessions of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties.
The United Nations, its specialized agencies and the Inter- national Atomic Energy Agency, as well as any State mem- ber thereof or observers thereto not Party to the Convention, may be represented at sessions of the Conference of the Parties as observers.
Any body or agency, whether national or inter- national, governmental or non-governmental, which is quali- fied in matters covered by the Convention, and which has in- formed the secretariat of its wish to be represented at a session of the Conference of the Parties as an observer, may be so ad- mitted unless at least one third of the Parties present object.

The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Par- ties.
Article 8 Secretariat A secretariat is hereby established.
The functions of the secretariat shall be: (a) To make arrangements for sessions of the Conference of the Parties and its subsidiary bodies established under the Convention and to provide them with services as required; To compile and transmit reports submitted to it; To facilitate assistance to the Parties, particularly de- veloping country Parties, on request, in the compilation and communication of information required in accord- ance with the provisions of the Convention; To prepare reports on its activities and present them to the Conference of the Parties; To ensure the necessary coordination with the secretari- ats of other relevant international bodies; (b) (c) (d) (e) 5.
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Article 8—continued (f) (g) To enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective dis- charge of its functions; and To perform the other secretariat functions specified in the Convention and in any of its protocols and such other functions as may be determined by the Confer- ence of the Parties.
The Conference of the Parties, at its first session, shall des- ignate a permanent secretariat and make arrangements for its functioning.

Article 9 Subsidiary body for scientific and technological advice A subsidiary body for scientific and technological advice is hereby established to provide the Conference of the Parties and, as appropriate, its other subsidiary bodies with timely in- formation and advice on scientific and technological matters relating to the Convention.
This body shall be open to par- ticipation by all Parties and shall be multidisciplinary.

It shall comprise government representatives competent in the rele- vant field of expertise.

It shall report regularly to the Confer- ence of the Parties on all aspects of its work.
Under the guidance of the Conference of the Parties, and draw- ing upon existing competent international bodies, this body shall: (a) Provide assessments of the state of scientific knowledge relating to climate change and its effects; Prepare scientific assessments on the effects of meas- ures taken in the implementation of the Convention; Identify innovative, efficient and state-of-the-art tech- nologies and know-how and advise on the ways and means of promoting development and/or transferring such technologies; Provide advice on scientific programmes, international cooperation in research and development related to cli- (b) (c) (d) 347 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 9—continued mate change, as well as on ways and means of support- ing endogenous capacity-building in developing coun- tries; and Respond to scientific, technological and methodologi- cal questions that the Conference of the Parties and its subsidiary bodies may put to the body.
(e) The functions and terms of reference of this body may be fur- ther elaborated by the Conference of the Parties.

Article 10 Subsidiary body for implementation A subsidiary body for implementation is hereby established to assist the Conference of the Parties in the assessment and re- view of the effective implementation of the Convention.

This body shall be open to participation by all Parties and comprise government representatives who are experts on matters related to climate change.
It shall report regularly to the Conference of the Parties on all aspects of its work.
Under the guidance of the Conference of the Parties, this body shall: (a) Consider the information communicated in accordance with Article 12, paragraph 1, to assess the overall ag- gregated effect of the steps taken by the Parties in the light of the latest scientific assessments concerning cli- mate change; Consider the information communicated in accordance with Article 12, paragraph 2, in order to assist the Con- ference of the Parties in carrying out the reviews re- quired by Article 4, paragraph 2(d); and Assist the Conference of the Parties, as appropriate, in the preparation and implementation of its decisions.
(b) (c) Article 11 Financial mechanism A mechanism for the provision of financial resources on a grant or concessional basis, including for the transfer of tech- 3.

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348 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 11—continued nology, is hereby defined.

It shall function under the guidance of and be accountable to the Conference of the Parties, which shall decide on its policies, programme priorities and eligibil- ity criteria related to this Convention.
Its operation shall be entrusted to one or more existing international entities.

The financial mechanism shall have an equitable and balanced representation of all Parties within a transparent system of governance.
The Conference of the Parties and the entity or entities en- trusted with the operation of the financial mechanism shall agree upon arrangements to give effect to the above para- graphs, which shall include the following: (a) Modalities to ensure that the funded projects to address climate change are in conformity with the policies, pro- gramme priorities and eligibility criteria established by the Conference of the Parties; (c) (b) Modalities by which a particular funding decision may be reconsidered in light of these policies, programme priorities and eligibility criteria; Provision by the entity or entities of regular reports to the Conference of the Parties on its funding operations, which is consistent with the requirement for account- ability set out in paragraph 1 above; and (d) Determination in a predictable and identifiable manner of the amount of funding necessary and available for the implementation of this Convention and the conditions under which that amount shall be periodically reviewed.
The Conference of the Parties shall make arrangements to im- plement the above-mentioned provisions at its first session, re- viewing and taking into account the interim arrangements re- ferred to in Article 21, paragraph 3, and shall decide whether these interim arrangements shall be maintained.

Within four years thereafter, the Conference of the Parties shall review the financial mechanism and take appropriate measures.
The developed country Parties may also provide and devel- oping country Parties avail themselves of, financial resources related to the implementation of the Convention through bilat- eral, regional and other multilateral channels.

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Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 12 Communication of information related to implementation In accordance with Article 4, paragraph 1, each Party shall communicate to the Conference of the Parties, through the sec- retariat, the following elements of information: (a) A national inventory of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, to the extent its capacities permit, using comparable methodologies to be promoted and agreed upon by the Conference of the Parties; (b) A general description of steps taken or envisaged by the (c) Party to implement the Convention; and Any other information that the Party considers rele- vant to the achievement of the objective of the Conven- tion and suitable for inclusion in its communication, in- cluding, if feasible, material relevant for calculations of global emission trends.
Each developed country Party and each other Party included in Annex I shall incorporate in its communication the following elements of information: (a) A detailed description of the policies and measures that it has adopted to implement its commitment under Art- icle 4, paragraphs 2(a) and 2(b); and (b) A specific estimate of the effects that the policies and measures referred to in subparagraph (a) immediately above will have on anthropogenic emissions by its sources and removals by its sinks of greenhouse gases during the period referred to in Article 4, paragraph 2(a).
In addition, each developed country Party and each other de- veloped Party included in Annex II shall incorporate details of measures taken in accordance with Article 4, paragraphs 3, 4 and 5.

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Article 12—continued mate of all incremental costs, of the reductions of emissions and increments of removals of greenhouse gases, as well as an estimate of the consequent benefits.

Each developed country Party and each other Party included in Annex I shall make its initial communication within six months of the entry into force of the Convention for that Party.
Each Party not so listed shall make its initial communication within three years of the entry into force of the Convention for that Party, or of the availability of financial resources in accordance with Article 4, paragraph 3.

Parties that are least developed countries may make their initial communication at their discretion.
The frequency of subsequent communica- tions by all Parties shall be determined by the Conference of the Parties, taking into account the differentiated timetable set by this paragraph.

Information communicated by Parties under this Article shall be transmitted by the secretariat as soon as possible to the Con- ference of the Parties and to any subsidiary bodies concerned.

If necessary, the procedures for the communication of infor- mation may be further considered by the Conference of the Parties.
From its first session, the Conference of the Parties shall ar- range for the provision to developing country Parties of tech- nical and financial support, on request, in compiling and com- municating information under this Article, as well as in iden- tifying the technical and financial needs associated with pro- posed projects and response measures under Article 4.

Such support may be provided by other Parties, by competent inter- national organizations and by the secretariat, as appropriate.
Any group of Parties may, subject to guidelines adopted by the Conference of the Parties, and to prior notification to the Conference of the Parties, make a joint communication in ful- filment of their obligations under this Article, provided that such a communication includes information on the fulfilment by each of these Parties of its individual obligations under the Convention.

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Information received by the secretariat that is designated by a Party as confidential, in accordance with criteria to be estab- lished by the Conference of the Parties, shall be aggregated by the secretariat to protect its confidentiality before being made available to any of the bodies involved in the communication and review of information.
Subject to paragraph 9 above, and without prejudice to the ability of any Party to make public its communication at any time, the secretariat shall make communications by Parties under this Article publicly available at the time they are sub- mitted to the Conference of the Parties.
Article 13 Resolution of questions regarding implementation The Conference of the Parties shall, at its first session, consider the establishment of a multilateral consultative process, available to Par- ties on their request, for the resolution of questions regarding the im- plementation of the Convention.

Article 14 Settlement of disputes 1.


In the event of a dispute between any two or more Parties con- cerning the interpretation or application of the Convention, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice.

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When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Convention, it recognizes as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: 352 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 14—continued (a) Submission of the dispute to the International Court of Justice, and/or (b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on arbitration.
A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitra- tion in accordance with the procedures referred to in subpara- graph (b) above.

A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.
A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute otherwise agree.
Subject to the operation of paragraph 2 above, if after twelve months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

A conciliation commission shall be created upon the request of one of the parties to the dispute.
The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the mem- bers appointed by each party.

The commission shall render a recommendatory award, which the parties shall consider in good faith.

Additional procedures relating to conciliation shall be adopted by the Conference of the Parties, as soon as practicable, in an annex on conciliation.
The provisions of this Article shall apply to any related legal instrument which the Conference of the Parties may adopt, unless the instrument provides otherwise.

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353 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 15 Amendments to the Convention Any Party may propose amendments to the Convention.

Amendments to the Convention shall be adopted at an ordinary session of the Conference of the Parties.
The text of any pro- posed amendment to the Convention shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption.

The secretariat shall also communicate proposed amendments to the signa- tories to the Convention and, for information, to the Deposit- ary.

The Parties shall make every effort to reach agreement on any proposed amendment to the Convention by consensus.
If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting.

The adopted amendment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance.

Instruments of acceptance in respect of an amendment shall be deposited with the Depositary.
An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of accept- ance by at least three fourths of the Parties to the Convention.

The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment.
For the purposes of this Article, “Parties present and voting” means Parties present and casting an affirmative or negative vote.

Article 16 Adoption and amendment of annexes to the Convention Annexes to the Convention shall form an integral part thereof and, unless otherwise expressly provided, a reference to the 1.

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354 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 16—continued Convention constitutes at the same time a reference to any annexes thereto.

Without prejudice to the provisions of Article 14, paragraphs 2(b) and 7, such annexes shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character.
Annexes to the Convention shall be proposed and adopted in accordance with the procedure set forth in Article 15, para- graphs 2, 3 and 4.

An annex that has been adopted in accordance with paragraph 2 above shall enter into force for all Parties to the Convention six months after the date of the communication by the De- positary to such Parties of the adoption of the annex, except for those Parties that have notified the Depositary, in writing, within that period of their non-acceptance of the annex.
The annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date on which withdrawal of such notification has been re- ceived by the Depositary.

The proposal, adoption and entry into force of amendments to annexes to the Convention shall be subject to the same pro- cedure as that for the proposal, adoption and entry into force of annexes to the Convention in accordance with paragraphs 2 and 3 above.
If the adoption of an annex or an amendment to an annex in- volves an amendment to the Convention, that annex or amend- ment to an annex shall not enter into force until such time as the amendment to the Convention enters into force.

Article 17 Protocols The Conference of the Parties may, at any ordinary session, adopt protocols to the Convention.

The text of any proposed protocol shall be communicated to the Parties by the secretariat at least six months before such a session.

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Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 17—continued The requirements for the entry into force of any protocol shall be established by that instrument.

Only Parties to the Convention may be Parties to a protocol.

Decisions under any protocol shall be taken only by the Parties to the protocol concerned.

Article 18 Right to vote Each Party to the Convention shall have one vote, except as provided for in paragraph 2 below.
Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States that are Parties to the Convention.

Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.

Article 19 Depositary The Secretary-General of the United Nations shall be the De- positary of the Convention and of protocols adopted in accord- ance with Article 17.
Article 20 Signature This Convention shall be open for signature by States Mem- bers of the United Nations or of any of its specialized agencies or that are Parties to the Statute of the International Court of Justice and by regional economic integration organizations at Rio de Janeiro, during the United Nations Conference on En- vironment and Development, and thereafter at United Nations Headquarters in New York from 20 June 1992 to 19 June 1993.

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Article 21 Interim arrangements The secretariat functions referred to in Article 8 will be car- ried out on an interim basis by the secretariat established by the General Assembly of the United Nations in its resolution 45/212 of 21 December 1990, until the completion of the first session of the Conference of the Parties.
The head of the interim secretariat referred to in paragraph 1 above will cooperate closely with the Intergovernmental Panel on Climate Change to ensure that the Panel can respond to the need for objective scientific and technical advice.

Other relevant scientific bodies could also be consulted.
The Global Environment Facility of the United Nations De- velopment Programme, the United Nations Environment Pro- gramme and the International Bank for Reconstruction and Development shall be the international entity entrusted with the operation of the financial mechanism referred to in Article 11 on an interim basis.

In this connection, the Global Envir- onment Facility should be appropriately restructured and its membership made universal to enable it to fulfil the require- ments of Article 11.
Article 22 Ratification, acceptance, approval or accession The Convention shall be subject to ratification, acceptance, ap- proval or accession by States and by regional economic inte- gration organizations.

It shall be open for accession from the day after the date on which the Convention is closed for sig- nature.

Instruments of ratification, acceptance, approval or ac- cession shall be deposited with the Depositary.
Any regional economic integration organization which be- comes a Party to the Convention without any of its member States being a Party shall be bound by all the obligations under the Convention.
In the case of such organizations, one or more of whose member States is a Party to the Convention, the organization and its member States shall decide on their respective responsibilities for the performance of their obli- 357 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 22—continued gations under the Convention.

In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention concurrently.
In their instruments of ratification, acceptance, approval or ac- cession, regional economic integration organizations shall de- clare the extent of their competence with respect to the matters governed by the Convention.

These organizations shall also inform the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.
Article 23 Entry into force The Convention shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, ac- ceptance, approval or accession.
For each State or regional economic integration organization that ratifies, accepts or approves the Convention or accedes thereto after the deposit of the fiftieth instrument of ratifica- tion, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.
For the purposes of paragraphs 1 and 2 above, any instru- ment deposited by a regional economic integration organiza- tion shall not be counted as additional to those deposited by States members of the organization.

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Article 24 Reservations No reservations may be made to the Convention.

Article 25 Withdrawal At any time after three years from the date on which the Con- vention has entered into force for a Party, that Party may with- 1.
358 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Article 25—continued 2.

3. draw from the Convention by giving written notification to the Depositary.

Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.
Any Party that withdraws from the Convention shall be con- sidered as also having withdrawn from any protocol to which it is a Party.

Article 26 Authentic texts The original of this Convention, of which the Arabic, Chinese, En- glish, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.
DONE at New York this ninth day of May one thousand nine hundred and ninety-two.
359 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Annex I Australia Austria Belarusa/ Belgium Bulgariaa/ Canada Croatiaa/* Czech Republica/* Denmark European Economic Community Estoniaa/ Finland France Germany Greece Hungarya/ Iceland Ireland Italy Japan Latviaa/ Liechenstein* Lithuaniaa/ Luxembourg Monaco* Netherlands New Zealand Norway Polanda/ Portugal Romaniaa/ Russian Federationa/ Slovakiaa/* 360 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 1 Annex I—continued Sloveniaa/* Spain Sweden Switzerland Turkey Ukrainea/ United Kingdom of Great Britain and Northern Ireland United States of America a/ Countries that are undergoing the process of transition to a market economy.
* Countries added to Annex I by an amendment that entered into force on 13 August 1998 pursuant to decision 4/CP.3 adopted at COP 3.
361 Schedule 1 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Annex II Australia Austria Belgium Canada Denmark European Economic Community Finland France Germany Greece Iceland Ireland Italy Japan Luxembourg Netherlands New Zealand Norway Portugal Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland United States of America 362 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Schedule 2 Kyoto Protocol to the United Nations Framework Convention on Climate Change s 4 The Parties to this Protocol, Being Parties to the United Nations Framework Convention on Climate Change, hereinafter referred to as “the Convention”, In pursuit of the ultimate objective of the Convention as stated in its Article 2, Recalling the provisions of the Convention, Being guided by Article 3 of the Convention, Pursuant to the Berlin Mandate adopted by decision 1/CP.1 of the Conference of the Parties to the Convention at its first session, Have agreed as follows: Article 1 For the purposes of this Protocol, the definitions contained in Article 1 of the Convention shall apply.
In addition: 1.

“Conference of the Parties” means the Conference of the Par- ties to the Convention.

“Convention” means the United Nations Framework Conven- tion on Climate Change, adopted in New York on 9 May 1992.

“Intergovernmental Panel on Climate Change” means the Intergovernmental Panel on Climate Change established in 1988 jointly by the World Meteorological Organization and the United Nations Environment Programme.
“Montreal Protocol” means the Montreal Protocol on Sub- stances that Deplete the Ozone Layer, adopted in Montreal on 16 September 1987 and as subsequently adjusted and amended.

“Parties present and voting” means Parties present and casting an affirmative or negative vote.

“Party” means, unless the context otherwise indicates, a Party to this Protocol.

“Party included in Annex I” means a Party included in Annex I to the Convention, as may be amended, or a Party which 2.

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363 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 1—continued has made a notification under Article 4, paragraph 2(g), of the Convention.
Article 2 Each Party included in Annex I, in achieving its quantified emission limitation and reduction commitments under Article 3, in order to promote sustainable development, shall: (a) Implement and/or further elaborate policies and meas- ures in accordance with its national circumstances, such as: (i) (ii) Enhancement of energy efficiency in relevant sectors of the national economy; Protection and enhancement of sinks and reser- voirs of greenhouse gases not controlled by the Montreal Protocol, taking into account its com- mitments under relevant international environ- mental agreements; promotion of sustainable for- est management practices, afforestation and re- forestation; (iii) Promotion of sustainable forms of agriculture in light of climate change considerations; (v) (iv) Research on, and promotion, development and increased use of, new and renewable forms of en- ergy, of carbon dioxide sequestration technolo- gies and of advanced and innovative environ- mentally sound technologies; Progressive reduction or phasing out of market tax and duty imperfections, fiscal incentives, exemptions and subsidies in all greenhouse gas emitting sectors that run counter to the objective of the Convention and application of market instruments; (vi) Encouragement of appropriate reforms in rele- vant sectors aimed at promoting policies and measures which limit or reduce emissions of greenhouse gases not controlled by the Montreal Protocol; 1.
364 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 (b) Article 2—continued (vii) Measures to limit and/or reduce emissions of greenhouse gases not controlled by the Montreal Protocol in the transport sector; (viii) Limitation and/or reduction of methane emis- sions through recovery and use in waste man- agement, as well as in the production, transport and distribution of energy; Cooperate with other such Parties to enhance the in- dividual and combined effectiveness of their policies and measures adopted under this Article, pursuant to Article 4, paragraph 2(e)(i), of the Convention.
To this end, these Parties shall take steps to share their experience and exchange information on such policies and measures, including developing ways of improv- ing their comparability, transparency and effectiveness.

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session or as soon as practicable thereafter, consider ways to facili- tate such cooperation, taking into account all relevant information.

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The Parties included in Annex I shall pursue limitation or re- duction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation and marine bunker fuels, working through the International Civil Aviation Organization and the International Maritime Organization, respectively.
The Parties included in Annex I shall strive to implement poli- cies and measures under this Article in such a way as to min- imize adverse effects, including the adverse effects of climate change, effects on international trade, and social, environmen- tal and economic impacts on other Parties, especially develop- ing country Parties and in particular those identified in Article 4, paragraphs 8 and 9, of the Convention, taking into account Article 3 of the Convention.
The Conference of the Parties serving as the meeting of the Parties to this Protocol may take further action, as appropriate, to promote the implementation of the provisions of this paragraph.
365 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 2—continued The Conference of the Parties serving as the meeting of the Parties to this Protocol, if it decides that it would be beneficial to coordinate any of the policies and measures in paragraph 1(a) above, taking into account different national circum- stances and potential effects, shall consider ways and means to elaborate the coordination of such policies and measures.
Article 3 The Parties included in Annex I shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction com- mitments inscribed in Annex B and in accordance with the provisions of this Article, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012.
Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol.
The net changes in greenhouse gas emissions by sources and removals by sinks resulting from direct human-induced land- use change and forestry activities, limited to afforestation, re- forestation and deforestation since 1990, measured as veri- fiable changes in carbon stocks in each commitment period, shall be used to meet the commitments under this Article of each Party included in Annex I.
The greenhouse gas emissions by sources and removals by sinks associated with those activ- ities shall be reported in a transparent and verifiable manner and reviewed in accordance with Articles 7 and 8.
Prior to the first session of the Conference of the Parties serv- ing as the meeting of the Parties to this Protocol, each Party in- cluded in Annex I shall provide, for consideration by the Sub- sidiary Body for Scientific and Technological Advice, data to establish its level of carbon stocks in 1990 and to enable an estimate to be made of its changes in carbon stocks in sub- sequent years.

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366 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Article 3—continued meeting of the Parties to this Protocol shall, at its first ses- sion or as soon as practicable thereafter, decide upon modal- ities, rules and guidelines as to how, and which, additional human-induced activities related to changes in greenhouse gas emissions by sources and removals by sinks in the agricultural soils and the land-use change and forestry categories shall be added to, or subtracted from, the assigned amounts for Parties included in Annex I, taking into account uncertainties, trans- parency in reporting, verifiability, the methodological work of the Intergovernmental Panel on Climate Change, the advice provided by the Subsidiary Body for Scientific and Techno- logical Advice in accordance with Article 5 and the decisions of the Conference of the Parties.
Such a decision shall apply in the second and subsequent commitment periods.

A Party may choose to apply such a decision on these additional human-in- duced activities for its first commitment period, provided that these activities have taken place since 1990.
The Parties included in Annex I undergoing the process of transition to a market economy whose base year or period was established pursuant to decision 9/CP.2 of the Conference of the Parties at its second session shall use that base year or period for the implementation of their commitments under this Article.
Any other Party included in Annex I undergoing the process of transition to a market economy which has not yet submitted its first national communication under Article 12 of the Convention may also notify the Conference of the Parties serving as the meeting of the Parties to this Protocol that it intends to use an historical base year or period other than 1990 for the implementation of its commitments under this Article.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall decide on the acceptance of such notification.

Taking into account Article 4, paragraph 6, of the Conven- tion, in the implementation of their commitments under this Protocol other than those under this Article, a certain degree of flexibility shall be allowed by the Conference of the Parties serving as the meeting of the Parties to this Protocol to the Par- 367 5.

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Article 3—continued ties included in Annex I undergoing the process of transition to a market economy.
In the first quantified emission limitation and reduction com- mitment period, from 2008 to 2012, the assigned amount for each Party included in Annex I shall be equal to the percent- age inscribed for it in Annex B of its aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A in 1990, or the base year or period deter- mined in accordance with paragraph 5 above, multiplied by five.
Those Parties included in Annex I for whom land-use change and forestry constituted a net source of greenhouse gas emissions in 1990 shall include in their 1990 emissions base year or period the aggregate anthropogenic carbon diox- ide equivalent emissions by sources minus removals by sinks in 1990 from land-use change for the purposes of calculating their assigned amount.
Any Party included in Annex I may use 1995 as its base year for hydrofluorocarbons, perfluorocarbons and sulphur hexaflu- oride, for the purposes of the calculation referred to in para- graph 7 above.

Commitments for subsequent periods for Parties included in Annex I shall be established in amendments to Annex B to this Protocol, which shall be adopted in accordance with the provisions of Article 21, paragraph 7.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall initiate the consideration of such commitments at least seven years before the end of the first commitment period re- ferred to in paragraph 1 above.

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Any emission reduction units, or any part of an assigned amount, which a Party acquires from another Party in accord- ance with the provisions of Article 6 or of Article 17 shall be added to the assigned amount for the acquiring Party.

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Any emission reduction units, or any part of an assigned amount, which a Party transfers to another Party in accord- ance with the provisions of Article 6 or of Article 17 shall be subtracted from the assigned amount for the transferring Party.

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Any certified emission reductions which a Party acquires from another Party in accordance with the provisions of Article 12 shall be added to the assigned amount for the acquiring Party.

If the emissions of a Party included in Annex I in a commit- ment period are less than its assigned amount under this Art- icle, this difference shall, on request of that Party, be added to the assigned amount for that Party for subsequent commitment periods.
Each Party included in Annex I shall strive to implement the commitments mentioned in paragraph 1 above in such a way as to minimize adverse social, environmental and economic impacts on developing country Parties, particularly those iden- tified in Article 4, paragraphs 8 and 9, of the Convention.
In line with relevant decisions of the Conference of the Parties on the implementation of those paragraphs, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, consider what actions are necessary to minimize the adverse effects of climate change and/or the impacts of response measures on Parties referred to in those paragraphs.

Among the issues to be considered shall be the establishment of funding, insurance and transfer of technol- ogy.
Article 4 1.

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Any Parties included in Annex I that have reached an agree- ment to fulfil their commitments under Article 3 jointly, shall be deemed to have met those commitments provided that their total combined aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gases listed in Annex A do not exceed their assigned amounts calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B and in accordance with the provisions of Article 3.
The respective emission level allocated to each of the Parties to the agreement shall be set out in that agreement.

The Parties to any such agreement shall notify the secretariat of the terms of the agreement on the date of deposit of their in- 369 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 4—continued struments of ratification, acceptance or approval of this Proto- col, or accession thereto.
The secretariat shall in turn inform the Parties and signatories to the Convention of the terms of the agreement.

Any such agreement shall remain in operation for the duration of the commitment period specified in Article 3, paragraph 7.

If Parties acting jointly do so in the framework of, and together with, a regional economic integration organization, any alter- ation in the composition of the organization after adoption of this Protocol shall not affect existing commitments under this Protocol.
Any alteration in the composition of the organiza- tion shall only apply for the purposes of those commitments under Article 3 that are adopted subsequent to that alteration.

In the event of failure by the Parties to such an agreement to achieve their total combined level of emission reductions, each Party to that agreement shall be responsible for its own level of emissions set out in the agreement.
If Parties acting jointly do so in the framework of, and together with, a regional economic integration organization which is it- self a Party to this Protocol, each member State of that regional economic integration organization individually, and together with the regional economic integration organization acting in accordance with Article 24, shall, in the event of failure to achieve the total combined level of emission reductions, be responsible for its level of emissions as notified in accordance with this Article.
Article 5 Each Party included in Annex I shall have in place, no later than one year prior to the start of the first commitment period, a national system for the estimation of anthropogenic emis- sions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol.
Guidelines for such national systems, which shall incorporate the methodologies specified in paragraph 2 below, shall be decided upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session.

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370 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 2.

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Article 5—continued Methodologies for estimating anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol shall be those accepted by the Intergovernmental Panel on Climate Change and agreed upon by the Conference of the Parties at its third session.
Where such methodologies are not used, appropriate adjust- ments shall be applied according to methodologies agreed upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first session.
Based on the work of, inter alia, the Intergovernmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Advice, the Conference of the Parties serving as the meeting of the Parties to this Proto- col shall regularly review and, as appropriate, revise such methodologies and adjustments, taking fully into account any relevant decisions by the Conference of the Parties.
Any re- vision to methodologies or adjustments shall be used only for the purposes of ascertaining compliance with commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.
The global warming potentials used to calculate the carbon dioxide equivalence of anthropogenic emissions by sources and removals by sinks of greenhouse gases listed in Annex A shall be those accepted by the Intergovernmental Panel on Cli- mate Change and agreed upon by the Conference of the Parties at its third session.
Based on the work of, inter alia, the Inter- governmental Panel on Climate Change and advice provided by the Subsidiary Body for Scientific and Technological Ad- vice, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly review and, as appro- priate, revise the global warming potential of each such green- house gas, taking fully into account any relevant decisions by the Conference of the Parties.
Any revision to a global warm- ing potential shall apply only to commitments under Article 3 in respect of any commitment period adopted subsequent to that revision.
371 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 6 For the purpose of meeting its commitments under Article 3, any Party included in Annex I may transfer to, or acquire from, any other such Party emission reduction units result- ing from projects aimed at reducing anthropogenic emissions by sources or enhancing anthropogenic removals by sinks of greenhouse gases in any sector of the economy, provided that: Any such project has the approval of the Parties in- (a) volved; (c) (b) Any such project provides a reduction in emissions by sources, or an enhancement of removals by sinks, that is additional to any that would otherwise occur; It does not acquire any emission reduction units if it is not in compliance with its obligations under Articles 5 and 7; and The acquisition of emission reduction units shall be sup- plemental to domestic actions for the purposes of meet- ing commitments under Article 3.
(d) The Conference of the Parties serving as the meeting of the Parties to this Protocol may, at its first session or as soon as practicable thereafter, further elaborate guidelines for the im- plementation of this Article, including for verification and re- porting.

A Party included in Annex I may authorize legal entities to participate, under its responsibility, in actions leading to the generation, transfer or acquisition under this Article of emis- sion reduction units.
If a question of implementation by a Party included in Annex I of the requirements referred to in this Article is identified in accordance with the relevant provisions of Article 8, transfers and acquisitions of emission reduction units may continue to be made after the question has been identified, provided that any such units may not be used by a Party to meet its com- mitments under Article 3 until any issue of compliance is re- solved.
Article 7 Each Party included in Annex I shall incorporate in its an- nual inventory of anthropogenic emissions by sources and re- 1.

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372 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 2.

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Article 7—continued movals by sinks of greenhouse gases not controlled by the Montreal Protocol, submitted in accordance with the relevant decisions of the Conference of the Parties, the necessary sup- plementary information for the purposes of ensuring compli- ance with Article 3, to be determined in accordance with para- graph 4 below.
Each Party included in Annex I shall incorporate in its national communication, submitted under Article 12 of the Conven- tion, the supplementary information necessary to demonstrate compliance with its commitments under this Protocol, to be determined in accordance with paragraph 4 below.
Each Party included in Annex I shall submit the information required under paragraph 1 above annually, beginning with the first inventory due under the Convention for the first year of the commitment period after this Protocol has entered into force for that Party.
Each such Party shall submit the information required under paragraph 2 above as part of the first national communication due under the Convention after this Protocol has entered into force for it and after the adoption of guidelines as provided for in paragraph 4 below.
The frequency of sub- sequent submission of information required under this Article shall be determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol, taking into account any timetable for the submission of national communications decided upon by the Conference of the Parties.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and re- view periodically thereafter, guidelines for the preparation of the information required under this Article, taking into account guidelines for the preparation of national communications by Parties included in Annex I adopted by the Conference of the Parties.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall also, prior to the first com- mitment period, decide upon modalities for the accounting of assigned amounts.
373 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 8 The information submitted under Article 7 by each Party in- cluded in Annex I shall be reviewed by expert review teams pursuant to the relevant decisions of the Conference of the Par- ties and in accordance with guidelines adopted for this purpose by the Conference of the Parties serving as the meeting of the Parties to this Protocol under paragraph 4 below.
The informa- tion submitted under Article 7, paragraph 1, by each Party in- cluded in Annex I shall be reviewed as part of the annual com- pilation and accounting of emissions inventories and assigned amounts.

Additionally, the information submitted under Art- icle 7, paragraph 2, by each Party included in Annex I shall be reviewed as part of the review of communications.
Expert review teams shall be coordinated by the secretariat and shall be composed of experts selected from those nomin- ated by Parties to the Convention and, as appropriate, by in- tergovernmental organizations, in accordance with guidance provided for this purpose by the Conference of the Parties.

The review process shall provide a thorough and comprehen- sive technical assessment of all aspects of the implementation by a Party of this Protocol.
The expert review teams shall pre- pare a report to the Conference of the Parties serving as the meeting of the Parties to this Protocol, assessing the imple- mentation of the commitments of the Party and identifying any potential problems in, and factors influencing, the fulfilment of commitments.

Such reports shall be circulated by the secre- tariat to all Parties to the Convention.
The secretariat shall list those questions of implementation indicated in such reports for further consideration by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall adopt at its first session, and re- view periodically thereafter, guidelines for the review of im- plementation of this Protocol by expert review teams taking into account the relevant decisions of the Conference of the Parties.

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, with the assistance of the Sub- sidiary Body for Implementation and, as appropriate, the Sub- 1.
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374 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Article 8—continued sidiary Body for Scientific and Technological Advice, con- sider: (a) The information submitted by Parties under Article 7 and the reports of the expert reviews thereon conducted under this Article; and Those questions of implementation listed by the secre- tariat under paragraph 3 above, as well as any questions raised by Parties.

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Pursuant to its consideration of the information referred to in paragraph 5 above, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take decisions on any matter required for the implementation of this Protocol.
Article 9 The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review this Protocol in the light of the best available scientific information and as- sessments on climate change and its impacts, as well as rele- vant technical, social and economic information.

Such re- views shall be coordinated with pertinent reviews under the Convention, in particular those required by Article 4, para- graph 2(d), and Article 7, paragraph 2(a), of the Convention.
Based on these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appro- priate action.

The first review shall take place at the second session of the Conference of the Parties serving as the meeting of the Parties to this Protocol.

Further reviews shall take place at regular intervals and in a timely manner.
Article 10 All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, without introducing any new commitments for Parties not included in Annex I, but reaf- firming existing commitments under Article 4, paragraph 1, of the 375 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 10—continued Convention, and continuing to advance the implementation of these commitments in order to achieve sustainable development, taking into account Article 4, paragraphs 3, 5 and 7, of the Convention, shall: (a) Formulate, where relevant and to the extent possible, cost-ef- fective national and, where appropriate, regional programmes to improve the quality of local emission factors, activity data and/or models which reflect the socio-economic conditions of each Party for the preparation and periodic updating of na- tional inventories of anthropogenic emissions by sources and removals by sinks of all greenhouse gases not controlled by the Montreal Protocol, using comparable methodologies to be agreed upon by the Conference of the Parties, and consistent with the guidelines for the preparation of national communi- cations adopted by the Conference of the Parties; Formulate, implement, publish and regularly update national regional programmes containing and, where appropriate, measures to mitigate climate change and measures to facilitate adequate adaptation to climate change: (i) (ii) Such programmes would, inter alia, concern the energy, transport and industry sectors as well as agriculture, forestry and waste management.
Furthermore, adap- tation technologies and methods for improving spatial planning would improve adaptation to climate change; and Parties included in Annex I shall submit information on action under this Protocol, including national pro- grammes, in accordance with Article 7; and other Parties shall seek to include in their national commu- nications, as appropriate, information on programmes which contain measures that the Party believes con- tribute to addressing climate change and its adverse impacts, including the abatement of increases in green- house gas emissions, and enhancement of and removals by sinks, capacity building and adaptation measures; Cooperate in the promotion of effective modalities for the de- velopment, application and diffusion of, and take all practic- (b) (c) 376 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Article 10—continued able steps to promote, facilitate and finance, as appropriate, the transfer of, or access to, environmentally sound technolo- gies, know-how, practices and processes pertinent to climate change, in particular to developing countries, including the formulation of policies and programmes for the effective trans- fer of environmentally sound technologies that are publicly owned or in the public domain and the creation of an enabling environment for the private sector, to promote and enhance the transfer of, and access to, environmentally sound technolo- gies; Cooperate in scientific and technical research and promote the maintenance
 and the development of systematic observa- tion systems and development of data archives to reduce un- certainties related to the climate system, the adverse impacts of climate change and the economic and social consequences of various response strategies, and promote the development and strengthening of endogenous capacities and capabilities to participate in international and intergovernmental efforts, programmes and networks on research and systematic obser- vation, taking into account Article 5 of the Convention; Cooperate in and promote at the international level, and, where appropriate, using existing bodies, the development and im- plementation of education and training programmes, includ- ing the strengthening of national capacity building, in par- ticular human and institutional capacities and the exchange or secondment of personnel to train experts in this field, in par- ticular for developing countries, and facilitate at the national level public awareness of, and public access to information on, climate change.
Suitable modalities should be developed to implement these activities through the relevant bodies of the Convention, taking into account Article 6 of the Convention; Include in their national communications information on pro- grammes and activities undertaken pursuant to this Article in accordance with relevant decisions of the Conference of the Parties; and (d) (e) (f) (g) Give full consideration, in implementing the commitments under this Article, to Article 4, paragraph 8, of the Conven- tion.
377 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 11 In the implementation of Article 10, Parties shall take into ac- count the provisions of Article 4, paragraphs 4, 5, 7, 8 and 9, of the Convention.
In the context of the implementation of Article 4, paragraph 1, of the Convention, in accordance with the provisions of Article 4, paragraph 3, and Article 11 of the Convention, and through the entity or entities entrusted with the operation of the finan- cial mechanism of the Convention, the developed country Par- ties and other developed Parties included in Annex II to the Convention shall: (a) Provide new and additional financial resources to meet the agreed full costs incurred by developing country Parties in advancing the implementation of existing commitments under Article 4, paragraph 1(a), of the Convention that are covered in Article 10, subpara- graph (a); and (b) Also provide such financial resources, including for the transfer of technology, needed by the developing coun- try Parties to meet the agreed full incremental costs of advancing the implementation of existing commitments under Article 4, paragraph 1, of the Convention that are covered by Article 10 and that are agreed between a de- veloping country Party and the international entity or entities referred to in Article 11 of the Convention, in accordance with that Article.
The implementation of these existing commitments shall take into account the need for adequacy and predictability in the flow of funds and the importance of appropriate burden shar- ing among developed country Parties.
The guidance to the entity or entities entrusted with the operation of the financial mechanism of the Convention in relevant decisions of the Con- ference of the Parties, including those agreed before the adop- tion of this Protocol, shall apply mutatis mutandis to the pro- visions of this paragraph.

The developed country Parties and other developed Parties in Annex II to the Convention may also provide, and developing country Parties avail themselves of, financial resources for the 1.

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378 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Article 11—continued implementation of Article 10, through bilateral, regional and other multilateral channels.

Article 12 1.

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(b) A clean development mechanism is hereby defined.
The purpose of the clean development mechanism shall be to assist Parties not included in Annex I in achieving sustainable development and in contributing to the ultimate objective of the Convention, and to assist Parties included in Annex I in achieving compliance with their quantified emission limitation and reduction commitments under Article 3.
Under the clean development mechanism: (a) Parties not included in Annex I will benefit from project activities resulting in certified emission reductions; and Parties included in Annex I may use the certified emis- sion reductions accruing from such project activities to contribute to compliance with part of their quantified emission limitation and reduction commitments under Article 3, as determined by the Conference of the Par- ties serving as the meeting of the Parties to this Protocol.
The clean development mechanism shall be subject to the au- thority and guidance of the Conference of the Parties serving as the meeting of the Parties to this Protocol and be supervised by an executive board of the clean development mechanism.
Emission reductions resulting from each project activity shall be certified by operational entities to be designated by the Con- ference of the Parties serving as the meeting of the Parties to this Protocol, on the basis of: (a) Voluntary participation approved by each Party in- volved; Real, measurable, and long-term benefits related to the mitigation of climate change; and Reductions in emissions that are additional to any that would occur in the absence of the certified project ac- tivity.

(b) (c) 6.
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The clean development mechanism shall assist in arranging funding of certified project activities as necessary.

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Article 12—continued The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, elaborate modalities and procedures with the objective of ensuring transparency, efficiency and accountability through independ- ent auditing and verification of project activities.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall ensure that a share of the proceeds from certified project activities is used to cover administrative expenses as well as to assist developing country Parties that are particularly vulnerable to the adverse effects of climate change to meet the costs of adaptation.
Participation under the clean development mechanism, includ- ing in activities mentioned in paragraph 3(a) above and in the acquisition of certified emission reductions, may involve pri- vate and/or public entities, and is to be subject to whatever guidance may be provided by the executive board of the clean development mechanism.
Certified emission reductions obtained during the period from the year 2000 up to the beginning of the first commitment period can be used to assist in achieving compliance in the first commitment period.
Article 13 The Conference of the Parties, the supreme body of the Con- vention, shall serve as the meeting of the Parties to this Proto- col. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the Conference of the Parties serving as the meeting of the Parties to this Protocol.
When the Conference of the Parties serves as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by those that are Parties to this Protocol.

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When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Conven- tion but, at that time, not a Party to this Protocol, shall be 380 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Article 13—continued 4. replaced by an additional member to be elected by and from amongst the Parties to this Protocol.
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall keep under regular review the im- plementation of this Protocol and shall make, within its man- date, the decisions necessary to promote its effective imple- mentation.
It shall perform the functions assigned to it by this Protocol and shall: (a) (b) (c) (d) Assess, on the basis of all information made available to it in accordance with the provisions of this Protocol, the implementation of this Protocol by the Parties, the overall effects of the measures taken pursuant to this Protocol, in particular environmental, economic and so- cial effects as well as their cumulative impacts and the extent to which progress towards the objective of the Convention is being achieved; Periodically examine the obligations of the Parties under this Protocol, giving due consideration to any reviews required by Article 4, paragraph 2(d), and Article 7, paragraph 2, of the Convention, in the light of the objective of the Convention, the experience gained in its implementation and the evolution of scientific and technological knowledge, and in this respect consider and adopt regular reports on the implementation of this Protocol; Promote and facilitate the exchange of information on measures adopted by the Parties to address climate change and its effects, taking into account the differing circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol; Facilitate, at the request of two or more Parties, the co- ordination of measures adopted by them to address cli- mate change and its effects, taking into account the dif- fering circumstances, responsibilities and capabilities of the Parties and their respective commitments under this Protocol;
 381 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 13—continued (e) Promote and guide, in accordance with the objective of the Convention and the provisions of this Protocol, and taking fully into account the relevant decisions by the Conference of the Parties, the development and periodic refinement of comparable methodologies for the effect- ive implementation of this Protocol, to be agreed on by the Conference of the Parties serving as the meeting of the Parties to this Protocol; (f) Make recommendations on any matters necessary for (g) (h) (i) (j) the implementation of this Protocol; Seek to mobilize additional financial resources in ac- cordance with Article 11, paragraph 2; Establish such subsidiary bodies as are deemed neces- sary for the implementation of this Protocol; Seek and utilize, where appropriate, the services and cooperation of, and information provided by, competent international organizations and intergovernmental and non-governmental bodies; and Exercise such other functions as may be required for the implementation of this Protocol, and consider any assignment resulting from a decision by the Conference of the Parties.
The rules of procedure of the Conference of the Parties and fi- nancial procedures applied under the Convention shall be ap- plied mutatis mutandis under this Protocol, except as may be otherwise decided by consensus by the Conference of the Par- ties serving as the meeting of the Parties to this Protocol.
The first session of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be convened by the secretariat in conjunction with the first session of the Confer- ence of the Parties that is scheduled after the date of the entry into force of this Protocol.
Subsequent ordinary sessions of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held every year and in conjunction with ordinary sessions of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol.

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Article 13—continued Extraordinary sessions of the Conference of the Parties serv- ing as the meeting of the Parties to this Protocol shall be held at such other times as may be deemed necessary by the Con- ference of the Parties serving as the meeting of the Parties to this Protocol, or at the written request of any Party, provided that, within six months of the request being communicated to the Parties by the secretariat, it is supported by at least one third of the Parties.
The United Nations, its specialized agencies and the Inter- national Atomic Energy Agency, as well as any State mem- ber thereof or observers thereto not party to the Convention, may be represented at sessions of the Conference of the Par- ties serving as the meeting of the Parties to this Protocol as observers.
Any body or agency, whether national or inter- national, governmental or non-governmental, which is qual- ified in matters covered by this Protocol and which has in- formed the secretariat of its wish to be represented at a ses- sion of the Conference of the Parties serving as the meeting of the Parties to this Protocol as an observer, may be so admitted unless at least one third of the Parties present object.
The ad- mission and participation of observers shall be subject to the rules of procedure, as referred to in paragraph 5 above.

Article 14 The secretariat established by Article 8 of the Convention shall serve as the secretariat of this Protocol.

Article 8, paragraph 2, of the Convention on the functions of the secretariat, and Article 8, paragraph 3, of the Convention on arrangements made for the functioning of the secretariat, shall apply mutatis mutandis to this Protocol.
The secretariat shall, in addition, exercise the functions assigned to it under this Protocol.

Article 15 1.
Article 15 1.

The Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation established by 383 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 15—continued Articles 9 and 10 of the Convention shall serve as, respect- ively, the Subsidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of this Protocol.
The provisions relating to the functioning of these two bodies under the Convention shall apply mutatis mutandis to this Protocol.

Sessions of the meetings of the Subsidiary Body for Scientific and Technological Advice and the Sub- sidiary Body for Implementation of this Protocol shall be held in conjunction with the meetings of, respectively, the Sub- sidiary Body for Scientific and Technological Advice and the Subsidiary Body for Implementation of the Convention.
Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any session of the subsidiary bodies.

When the subsidiary bodies serve as the subsidiary bodies of this Protocol, decisions under this Protocol shall be taken only by those that are Parties to this Protocol.

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When the subsidiary bodies established by Articles 9 and 10 of the Convention exercise their functions with regard to matters concerning this Protocol, any member of the Bureaux of those subsidiary bodies representing a Party to the Convention but, at that time, not a party to this Protocol, shall be replaced by an additional member to be elected by and from amongst the Parties to this Protocol.
Article 16 The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, as soon as practicable, consider the application to this Protocol of, and modify as appropriate, the multilateral consulta- tive process referred to in Article 13 of the Convention, in the light of any relevant decisions that may be taken by the Conference of the Parties.
Any multilateral consultative process that may be applied to this Protocol shall operate without prejudice to the procedures and mechanisms established in accordance with Article 18.

384 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Article 17 The Conference of the Parties shall define the relevant principles, modalities, rules and guidelines, in particular for verification, report- ing and accountability for emissions trading.
The Parties included in Annex B may participate in emissions trading for the purposes of fulfilling their commitments under Article 3.

Any such trading shall be supplemental to domestic actions for the purpose of meeting quantified emission limitation and reduction commitments under that Article.
Article 18 The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first session, approve appropriate and effect- ive procedures and mechanisms to determine and to address cases of non-compliance with the provisions of this Protocol, including through the development of an indicative list of consequences, taking into account the cause, type, degree and frequency of non-compli- ance.
Any procedures and mechanisms under this Article entailing binding consequences shall be adopted by means of an amendment to this Protocol.

Article 19 The provisions of Article 14 of the Convention on settlement of dis- putes shall apply mutatis mutandis to this Protocol.

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Article 20 Any Party may propose amendments to this Protocol.

Amendments to this Protocol shall be adopted at an ordinary session of the Conference of the Parties serving as the meet- ing of the Parties to this Protocol.
The text of any proposed amendment to this Protocol shall be communicated to the Par- ties by the secretariat at least six months before the meeting at which it is proposed for adoption.

The secretariat shall also communicate the text of any proposed amendments to the Par- ties and signatories to the Convention and, for information, to the Depositary.

The Parties shall make every effort to reach agreement on any If all proposed amendment to this Protocol by consensus.
385 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 20—continued efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting.

The adopted amendment shall be communicated by the secretariat to the Depositary, who shall circulate it to all Parties for their acceptance.
Instruments of acceptance in respect of an amendment shall be deposited with the Depositary.

An amendment adopted in accordance with paragraph 3 above shall enter into force for those Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of an instrument of accept- ance by at least three fourths of the Parties to this Protocol.
The amendment shall enter into force for any other Party on the ninetieth day after the date on which that Party deposits with the Depositary its instrument of acceptance of the said amendment.

Article 21 Annexes to this Protocol shall form an integral part thereof and, unless otherwise expressly provided, a reference to this Protocol constitutes at the same time a reference to any an- nexes thereto.
Any annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical, procedural or administrative character.

Any Party may make proposals for an annex to this Protocol and may propose amendments to annexes to this Protocol.
Annexes to this Protocol and amendments to annexes to this Protocol shall be adopted at an ordinary session of the Confer- ence of the Parties serving as the meeting of the Parties to this Protocol.

The text of any proposed annex or amendment to an annex shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption.
The secretariat shall also communicate the text of any proposed annex or amendment to an annex to the Par- ties and signatories to the Convention and, for information, to the Depositary.

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Article 21—continued The Parties shall make every effort to reach agreement on any proposed annex or amendment to an annex by consensus.
If all efforts at consensus have been exhausted, and no agree- ment reached, the annex or amendment to an annex shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting.

The adopted annex or amendment to an annex shall be communicated by the sec- retariat to the Depositary, who shall circulate it to all Parties for their acceptance.
An annex, or amendment to an annex other than Annex A or B, that has been adopted in accordance with paragraphs 3 and 4 above shall enter into force for all Parties to this Protocol six months after the date of the communication by the Depos- itary to such Parties of the adoption of the annex or adoption of the amendment to the annex, except for those Parties that have notified the Depositary, in writing, within that period of their non-acceptance of the annex or amendment to the annex.
The annex or amendment to an annex shall enter into force for Parties which withdraw their notification of non-acceptance on the ninetieth day after the date on which withdrawal of such notification has been received by the Depositary.

If the adoption of an annex or an amendment to an annex in- volves an amendment to this Protocol, that annex or amend- ment to an annex shall not enter into force until such time as the amendment to this Protocol enters into force.
Amendments to Annexes A and B to this Protocol shall be adopted and enter into force in accordance with the procedure set out in Article 20, provided that any amendment to Annex B shall be adopted only with the written consent of the Party concerned.

Article 22 Each Party shall have one vote, except as provided for in para- graph 2 below.
Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States 387 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 22—continued that are Parties to this Protocol.

Such an organization shall not exercise its right to vote if any of its member States exercises its right, and vice versa.
Article 23 The Secretary-General of the United Nations shall be the Depositary of this Protocol.

Article 24 This Protocol shall be open for signature and subject to rati- fication, acceptance or approval by States and regional eco- nomic integration organizations which are Parties to the Con- vention.

It shall be open for signature at United Nations Head- quarters in New York from 16 March 1998 to 15 March 1999.
This Protocol shall be open for accession from the day after the date on which it is closed for signature.

Instruments of ratifi- cation, acceptance, approval or accession shall be deposited with the Depositary.

Any regional economic integration organization which be- comes a Party to this Protocol without any of its member States being a Party shall be bound by all the obligations under this Protocol.
In the case of such organizations, one or more of whose member States is a Party to this Protocol, the organization and its member States shall decide on their respective responsibilities for the performance of their obli- gations under this Protocol.

In such cases, the organization and the member States shall not be entitled to exercise rights under this Protocol concurrently.
In their instruments of ratification, acceptance, approval or ac- cession, regional economic integration organizations shall de- clare the extent of their competence with respect to the matters governed by this Protocol.

These organizations shall also in- form the Depositary, who shall in turn inform the Parties, of any substantial modification in the extent of their competence.

1.

2.

3.

388 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 1.

2.

3.

4.
2.

3.

4.

Article 25 This Protocol shall enter into force on the ninetieth day after the date on which not less than 55 Parties to the Convention, incorporating Parties included in Annex I which accounted in total for at least 55 per cent of the total carbon dioxide emis- sions for 1990 of the Parties included in Annex I, have de- posited their instruments of ratification, acceptance, approval or accession.
For the purposes of this Article, “the total carbon dioxide emis- sions for 1990 of the Parties included in Annex I” means the amount communicated on or before the date of adoption of this Protocol by the Parties included in Annex I in their first national communications submitted in accordance with Art- icle 12 of the Convention.
For each State or regional economic integration organization that ratifies, accepts or approves this Protocol or accedes thereto after the conditions set out in paragraph 1 above for entry into force have been fulfilled, this Protocol shall enter into force on the ninetieth day following the date of deposit of its instrument of ratification, acceptance, approval or accession.
For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States members of the organization.

No reservations may be made to this Protocol.

Article 26 Article 27 1.

2.

At any time after three years from the date on which this Proto- col has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification to the Depos- itary.
Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.

389 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Article 27—continued 3.

Any Party that withdraws from the Convention shall be con- sidered as also having withdrawn from this Protocol.
Article 28 The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be de- posited with the Secretary-General of the United Nations.

DONE at Kyoto this eleventh day of December one thousand nine hundred and ninety-seven.

IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have affixed their signatures to this Protocol on the dates indicated.
390 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Annex A Greenhouse gases Carbon dioxide (CO2) Methane (CH4) Nitrous oxide (N2O) Hydrofluorocarbons (HFCs) Perfluorocarbons (PFCs) Sulphur hexafluoride (SF6) Sectors/source categories Energy Fuel combustion Energy industries Manufacturing industries and construction Transport Other sectors Other Fugitive emissions from fuels Solid fuels Oil and natural gas Other Industrial processes Mineral products Chemical industry Metal production Other production Production of halocarbons and sulphur hexafluoride Consumption of halocarbons and sulphur hexafluoride Other Solvent and other product use Agriculture Enteric fermentation Manure management Rice cultivation 391 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Annex A—continued Agricultural soils Prescribed burning of savannas Field burning of agricultural residues Other Waste Solid waste disposal on land Wastewater handling Waste incineration Other 392 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Party Australia Austria Belgium Bulgaria* Canada Croatia* Czech Republic* Denmark Estonia* European Community Finland France Germany Greece Hungary* Iceland Ireland Italy Japan Latvia* Liechtenstein Annex B Quantified emission limitation or reduction commitment (percentage of base year or period) 108 92 92 92 94 95 92 92 92 92 92 92 92 92 94 110 92 92 94 92 92 393 Schedule 2 Climate Change Response Act 2002 Reprinted as at 8 December 2009
 Annex B—continued Quantified emission limitation or reduction commitment (percentage of base year or period) 92 92 92 92 100 101 94 92 92 100 92 92 92 92 92 100 92 Party Lithuania* Luxembourg Monaco Netherlands New Zealand Norway Poland* Portugal Romania* Russian Federation* Slovakia* Slovenia* Spain Sweden Switzerland Ukraine* United Kingdom of Great Britain and Northern Ireland 394 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 2 Annex B—continued Quantified emission limitation or reduction commitment (percentage of base year or period) 93 Party United States of America * Countries that are undergoing the process of transition to a market economy.
395 Schedule 3 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Schedule 3 Activities with respect to which persons must be participants s 2A Schedule 3: added, on 26 September 2008, by section 52 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Schedule 3 heading: amended, on 8 December 2009, by section 85(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Part 1 Forestry (applies on and after 1 January 2008) Deforesting pre-1990 forest land other than exempt land, if the area deforested is more than 2 hectares in the 5-year period commencing on 1 January 2008, or in any subsequent 5-year period after that.
Part 2 Liquid fossil fuels (applies, subject to sections 218 and 219, on and after 1 January 2009) Owning obligation fuel— (a) at the time the obligation fuel is— (i) removed for home consumption in accordance with the Customs and Excise Act 1996; or otherwise removed from a refinery, other than for ex- port; and (ii) (b) if the total amount of the obligation fuel removed under para- graph (a) exceeds 50 000 litres in a year.

Part 3 Stationary energy (applies on and after 1 January 2010) Importing coal.
Mining coal where the volume of coal mined exceeds 2 000 tonnes in a year.

396 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 3 Part 3—continued Importing natural gas where the volume of natural gas imported ex- ceeds 10 000 litres in a year.

Mining natural gas, other than for export.

Using geothermal fluid for the purpose of generating electricity or industrial heat.
Combusting used oil, waste oil, used tyres, or waste for the purpose of generating electricity or industrial heat.

Refining petroleum where the refining involves the use of intermedi- ate crude oil products (for example, refinery fuels and gases) for en- ergy or feedstock purposes.

Part 4 Industrial processes Subpart 1 (applies on and after 1 January 2010) Producing iron or steel.

Producing aluminium, resulting in the consumption of anodes or the production of anode effects.
Producing clinker, or burnt lime, resulting in calcination of lime- stone, or calcium carbonates.

Producing glass using soda ash.

Producing gold.

Schedule 3 Part 4 subpart 1: amended, on 8 December 2009, by section 85(2) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

Subpart 2 (applies, subject to sections 218 and 219, on and after 1 January 2011) Importing sulphur hexafluoride, including sulphur hexafluoride con- tained in goods.
397 Schedule 3 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Part 4—continued Importing hydro fluorocarbons or per fluorocarbons, including hydro fluorocarbons or per fluorocarbons contained in goods, other than goods that— (a) are household goods, or other effects of a passenger of a ship or aircraft (accompanied or unaccompanied), that are not in- tended for gift, sale, or exchange; or have medical uses necessary for human health, metered dose inhalers.
including (b) Manufacturing sulphur hexafluoride, hydro fluorocarbons or per flu- orocarbons, other than through producing aluminium resulting in the consumption of anodes or the production of anode effects.

Part 5 Agriculture Subpart 1—Fertiliser (processor) (applies, subject to sections 218 and 219, on and after 1 January 2011 unless subpart 2 brought into force) Importing or manufacturing synthetic fertilisers containing nitrogen.
Subpart 2—Fertiliser (farmer) (applies, subject to sections 218 and 219, from 1 January 2011, if determined by Order in Council) Purchasing, other than for on-selling, synthetic fertiliser containing nitrogen for application to land.

Schedule 3 Part 5 subpart 2: amended, on 8 December 2009, by section 85(3) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
398 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 3 Part 5—continued Subpart 3—Animals (processor) (applies, subject to sections 218 and 219, on and after 1 January 2011 unless subpart 4 brought into force) Slaughtering ruminant animals, pigs, horses, or poultry by a person who— (a) 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.
(b) Dairy processing of milk or colostrum.

Exporting from New Zealand live cattle, sheep, or pigs in accordance with an animal welfare export certificate.

Producing eggs by a person who is the operator of a risk management programme registered under the Animal Products Act 1999.

Schedule 3 Part 5 subpart 3: amended, on 8 December 2009, by section 85(4) of the Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Subpart 4—Animals (farmer) (applies, subject to sections 218 and 219, from 1 January 2011, if determined by Order in Council) Farming, raising, growing, or keeping ruminant animals, pigs, horses, or poultry for— reward; or (a) the purpose of trade in those animals, or in animal material or (b) animal products taken or derived from those animals.

Part 6 Waste (applies, subject to sections 218 and 219, on and after 1 January 2011) Operating a disposal facility.
399 Schedule 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Schedule 4 Activities with respect to which persons may be participants s 2A Schedule 4: added, on 26 September 2008, by section 52 of the Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85).

Schedule 4 heading: amended, on 8 December 2009, by section 86(1) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).
Part 1 Forestry removal activities (applies on and after 1 January 2008) Owning post-1989 forest land, other than post-1989 forest land that is subject to a forest sink covenant registered under section 67ZD of the Forests Act 1949.

Holding a registered forestry right or being the leaseholder under a registered lease of post-1989 forest land, other than post-1989 forest land that is subject to a forest sink covenant registered under section 67ZD of the Forests Act 1949.
Being a party to a Crown conservation contract.
Part 2 Other removal activities Subpart 1 (applies on and after 1 January 2010) Producing a product that contains a substance— (a) that— (i) (ii) is permanently embedded in the product; or is temporarily embedded in the product, and the product is exported with the substance embedded; and that would result in emissions if not embedded; and where— (i) a person is required to surrender units under this Act in respect of the emissions that would result if the sub- stance was not embedded; and the result of the substance being embedded in the cir- cumstances in paragraph (a)(i) or (ii) is a reduction from (ii) (b) (c) 400 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Schedule 4 Part 2—continued emissions reported in New Zealand’s annual inventory report under the Convention or Protocol or any emis- sions report from New Zealand under a successor inter- national agreement; and any prescribed threshold is met.
(iii) Subpart 2 (applies on and after a date determined by Order in Council) Storing of carbon dioxide after capture, where— (a) a person is required to surrender units under this Act in respect of the emissions that would result if the carbon dioxide was not captured and stored; and the result of the carbon dioxide being captured and stored is a reduction from emissions reported in New Zealand’s an- nual inventory report under the Convention or Protocol or any emissions report from New Zealand under a successor inter- national agreement; and any prescribed threshold is met.
(b) (c) Subpart 3 (applies, subject to sections 218, 219, and 220, on and after 1 January 2011) Exporting hydro fluorocarbons, per fluorocarbons, or sulphur hex- afluoride, including hydro fluorocarbons, per fluorocarbons, or sul- phur hexafluoride contained in goods, where any prescribed thresh- old is met.

Destroying hydro fluorocarbons, per fluorocarbons, or sulphur hex- afluoride where any prescribed threshold is met.
401 Schedule 4 Climate Change Response Act 2002 Reprinted as at 8 December 2009 Part 3 Liquid fossil fuels (applies, subject to sections 218, 219, and 221, on and after 1 January 2008) Purchasing obligation jet fuel from 1 or more participants who carry out an activity listed in Part 2 of Schedule 3, if the obligation jet fuel purchased exceeds 10 million litres per year.
Part 4 Stationary energy (applies on and after 1 January 2009) Purchasing coal from 1 or more participants who mine coal where the total coal purchased exceeds 250 000 tonnes per year.

Purchasing natural gas from 1 or more participants who mine natural gas where the total natural gas purchased exceeds 2 petajoules per year.
Part 5 Agriculture [Repealed] Schedule 4 Part 5: repealed, on 8 December 2009, by section 86(2) of the Cli- mate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57).

402 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Climate Change Response (Emissions Trading) Amendment Act 2008 Public Act Date of assent Commencement 2008 No 85 25 September 2008 see section 2 1 2 (1) (2) (3) 51 Title This Act is the Climate Change Response (Emissions Trading) Amendment Act 2008.
Commencement Sections 165 and 182 of the Climate Change Response Act 2002 (as inserted by section 50 of this Act) come into force on a date to be appointed by the Governor-General by Order in Council on the recommendation of the Minister responsible for the administration of the Climate Change Response Act 2002 made in accordance with section 53 of this Act.

Sections 77 to 80 of this Act come into force on 1 January 2009.
The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Regulations upon which consultation has been undertaken before commencement of this section (1) Any consultation undertaken before the commencement of section 50 in respect of the making of any order or regulations or any other matter requiring consultation under the Climate Change Response Act 2002 is to be treated as consultation for the purposes of that Act.
(2) However, section 166(1) and (3) of the Climate Change Re- sponse Act 2002 do not apply to any regulations that come into force after the commencement of section 50 but are based on consultation undertaken prior to the commencement of sec- tion 50.
403 Notes Climate Change Response Act 2002 Reprinted as at 8 December 2009 Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) General This is a reprint of the Climate Change Response Act 2002.

The reprint incorporates all the amendments to the Act as at 8 December 2009, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.
This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

of How reprints are prepared A number editorial in the preparation of enacting words provisions are that are repealed or conventions reprints.
not included followed are the For example, and in Acts, revoked are omitted.

5 Notes 1 2 3 404 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Notes see For a detailed list of http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 405 • • • • Notes Climate Change Response Act 2002 Reprinted as at 8 December 2009 • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Trading Forestry (Emissions Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 (2009 No 57) Climate Change Response Amendment Act 2009 (2009 No 19) Climate Change Response (Emissions Trading) Amendment Act 2008 (2008 No 85) Policing Act 2008 (2008 No 72): section 116(a)(ii) Climate Change Response Act Commencement Order 2007 (SR 2007/336) Property Law Act 2007 (2007 No 91): section 364(1) Climate Change Response Amendment Act 2006 (2006 No 59) Climate Change Response Act Commencement Order 2003 (SR 2003/151) Sector) 406 Reprinted as at 8 December 2009 Climate Change Response Act 2002 Notes Local Government Act 2002 (2002 No 84): section 262 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2009 407