Vote: Climate Change Response (Moderated Emissions Trading) Amendment Bill — In Committee 
Text is incorporated into the Bound Volume 
Vote: Climate Change Response (Moderated Emissions Trading) Amendment Bill — In Committee 
[Sitting date: 24 November 2009. Volume:659;Page:8000. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the question be now put. 
Ayes 63 
New Zealand National 58; Maori Party 4; United Future 1. 
Noes 58 
New Zealand Labour 43; Green Party 9; ACT New Zealand 5; Progressive 1. 
Motion agreed to. 
The question was put that the following amendments in the name of Rahui Katene to the amendment set out on Supplementary Order Paper 98 in the name of the Hon Nick Smith to Part 1 be agreed to: 
to add to new section 2B in new clause 5 the following subsection: 
“(4)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 their representatives) that appear to the Minister or the chief executive likely to have an interest in the order.”; and 
to insert the following new clause: 
5BNew section 3A inserted 
The following section is inserted after section 3: 
“3ATreaty 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— 
“(a)with respect to section 2B (which relates to Orders in Council in relation to Part 5 of Schedule 3) 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 representatives of iwi and Maori that appear to the Minister or chief executive likely to have an interest in the order: 
“(b)with respect to section 76 (which relates to consultation on a pre-1990 forest land allocation plan) before making a recommendation under section 73 the Minister must consult or be satisfied that the chief executive has consulted representatives of iwi and Maori that appear to the Minister or chief executive likely to have an interest in the pre-1990 forest land allocation plan: 
“(c)with respect to section 77 (which relates to consultation on a fishing allocation plan) before making a recommendation under section 75 the Minister must consult or be satisfied that the chief executive has consulted representatives of iwi and Maori that appear to the Minister or chief executive likely to have an interest in the fishing allocation plan: 
“(d)with respect to section 161 (which relates to the appointment 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 Maori to conduct the review; and 
“(ii)the review panel must consult with the representatives of iwi and Maori that appear to the panel likely to have an interest in the review; and 
“(iii)the terms of reference for the review panel must incorporate reference to the principles of the Treaty of Waitangi: 
“(e)with respect to section 161G (which relates to regulation-making powers in relation to eligible agricultural activities) before recommending the making of a regulation under section 161G(1) the Minister must consult or be satisfied that the chief executive has consulted representatives of iwi and Maori that appear to the Minister or chief executive likely to have an interest in the regulation: 
“(f)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 Maori 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 regulations relating to methodologies and verifiers) before recommending the making of a regulation under section 163(1) the Minster must consult or be satisfied that the chief executive has consulted representatives of iwi and Maori that appear to the Minister or chief executive likely to have an interest in the regulation: 
“(h)with respect to section 164 (which relates to regulations relating to unique emissions factors) before recommending the making of a regulation under section 164 the Minster must consult or be satisfied that the chief executive has consulted representatives of iwi and Maori that appear to the Minister or chief executive likely to have an interest in the regulation: 
“(i)with respect to section 224 (which relates to the gazetting of targets) before the Minister responsible for the administration of this Act may set amend or revoke a target the Minister must consult or be satisfied that the chief executive has consulted representatives of iwi and Maori that appear to the Minister or chief executive likely to have an interest in the target: 
“(j)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 consulted representatives of iwi and Maori that appear to the Minister or chief executive likely to have an interest in the regulation.” 
Amendments to the amendment agreed to. 
The question was put that the following amendments in the name of Charles Chauvel to the amendments set out on Supplementary Order Paper 98 in the name of the Hon Nick Smith to Part 1 be agreed to: 
to insert before the definition of  
animal welfare export certificate 
 the following definition: 
“ 
1990 baseline 
 means the level of New Zealand emissions in 1990”; 
to insert after the definition of  
animal welfare export certificate 
 the following definition: 
“ 
Committee 
 means the Climate Change Advisory Committee established by section 245”; 
to insert after the definition of  
Crown holding account 
 the following definitions: 
“ 
emissions for which New Zealand is responsible 
 in relation to a period means net New Zealand emissions reduced by the quantity of Kyoto Units retired during that period 
“ 
intermediate target  
means a target set for the level emissions for which New Zealand is responsible for a target period under section 225 
“ 
New Zealand emissions 
 means emissions of greenhouse gases from sources in New Zealand 
“ 
New Zealand removals 
 means removals of greenhouse gases from the atmosphere due to land use land-use change or forestry activities in New Zealand 
“net New Zealand emissions 
 in respect of a period means the amount of New Zealand emissions in the period reduced by the amount of New Zealand removals in the period”; and 
to insert after the definition of  
solid biofuel 
 the following definitions: 
“target for 2050 
 means the target set for the level emissions for which New Zealand is responsible in 2050 in section 224 
“target period 
 means each succeeding period of five years beginning with the period 2013-2017”.