Energy Efficiency and Conservation Act 2000

1: Title
This Act is the Energy Efficiency and Conservation Act 2000.
2: Commencement
This Act comes into force on 1 July 2000.
3: Interpretation
In this Act, unless the context otherwise requires,— Authority section 20 energy conservation energy efficiency environment Resource Management Act 1991 Minister publicly notify
a: in 1 or more daily newspapers circulating in the cities of Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and
b: in the Gazette
c: on the Internet in an electronic form that is publicly accessible;— and public notification strategy transferred employee section 32
4: Act binds the Crown
This Act binds the Crown.
5: Purpose
The purpose of this Act is to promote, in New Zealand, energy efficiency, energy conservation, and the use of renewable sources of energy.
6: Sustainability principles
In achieving the purpose of this Act, all persons exercising responsibilities, powers, or functions under it must take into account—
a: the health and safety of people and communities, and their social, economic, and cultural well-being; and
b: the need to maintain and enhance the quality of the environment; and
c: the reasonably foreseeable needs of future generations; and
d: the principles of the Treaty of Waitangi Ministerial responsibilities
7: Responsibilities of Minister
The Minister is responsible for—
a: developing the Government's policy on the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy:
b: developing a national energy efficiency and conservation strategy:
c: promoting public awareness in New Zealand of the importance of energy efficiency and conservation, and the use of renewable sources of energy, by—
i: providing information and advice; and
ii: fostering education programmes:
d: promoting practices and technologies that further energy efficiency, energy conservation, and the use of renewable sources of energy:
e: arranging for the conduct of such research, assessments, demonstrations, and studies as the Minister thinks fit:
f: monitoring and reviewing the state of energy efficiency, energy conservation, and the use of renewable sources of energy in New Zealand:
g: publishing such relevant information, research, and other material as the Minister thinks fit. National energy efficiency and conservation strategy
8: Preparation and issue of initial strategy
The Minister must ensure that,—
a: on or before 1 April 2001, a draft strategy is prepared and publicly notified in accordance with section 15
b: on or before 1 October 2001, the strategy is issued under section 17
9: Ongoing obligation to ensure strategy in place
The Minister must ensure that, at all times after the initial strategy referred to in section 8 section 12(1) Contents and term of strategy
10: Purpose and contents of strategy
1: The purpose of a strategy is to give effect to the Government's policy on the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy.
2: The strategy must state—
a: the Government's policies in relation to the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy; and
b: the objectives to be pursued to achieve the Government's policies in relation to the promotion in New Zealand of energy efficiency, energy conservation, and the use of renewable sources of energy; and
c: targets to achieve those policies and objectives, being targets that are measurable, reasonable, practicable, and considered appropriate by the Minister; and
d: means by which those policies and objectives, and any such targets, are to be achieved; and
e: such other matters as may be necessary to achieve the purpose of this Act.
11: Consistency with national policy statements
A strategy must be consistent with any national policy statement for the time being in force under the Resource Management Act 1991
12: Term of strategy
1: Subject to subsection (4), a strategy comes into force on the day after the date on which it is first published under section 17
2: The Minister must, at least 6 months before the end of the term of a strategy, determine whether or not the strategy needs to be replaced by a new strategy.
3: If the Minister determines that the strategy should be replaced, the Minister must, as soon as practicable,—
a: give public notification that the determination has been made; and
b: ensure that a replacement strategy is prepared and issued in accordance with the procedure specified in sections 13 to 17
4: If the Minister determines that the strategy does not need to be replaced, the strategy continues in force for a term of 5 years beginning with the expiry of the immediately preceding term of the strategy. Procedure for implementing strategy
13: Preparation of draft strategy
1: The Minister may direct the Authority—
a: to prepare a draft strategy for approval by the Minister; and
b: in preparing the draft strategy, to seek, from the persons listed in subsection (2), comments on the matters to be provided for in the strategy.
2: In preparing a draft strategy, the Minister or, if a direction is given to the Authority under subsection (1), the Authority must seek comments from—
a: such representatives, as the Minister or the Authority, as the case may require, considers appropriate, of—
i: industry and commerce:
ii: environmental and community organisations:
iii: Maori organisations:
iv: local authorities; and
b: the Parliamentary Commissioner for the Environment.
3: The Minister or the Authority, as the case may require, may seek comments from any other person.
14: Approval of draft strategy by Minister if draft prepared by Authority
1: If a direction is given to the Authority under section 13(1)
2: The Minister may, before approving the draft strategy, require the Authority to make such changes to the draft strategy as the Minister considers appropriate.
15: Public notice of draft strategy
1: After considering any comments received under section 13 section 14
a: is publicly notified; and
b: is available for inspection by any person at such places as the Minister considers appropriate.
2: A notice published under subsection (1)﻿(a) must—
a: give reasonable notice of the contents of the draft strategy; and
b: specify the places at which, and the times at which, the draft strategy may be inspected; and
c: state that submissions on the draft strategy may be made to the Authority; and
d: state how submissions may be made; and
e: specify the date by which submissions must be received.
16: Submissions on draft strategy
1: Any person may make a submission on a draft strategy.
2: Every such submission must be in writing.
3: A submission on the draft strategy must be received by the Authority no later than the date specified in the public notice given under section 15
4: The Authority must, following the expiry of the time for making submissions, arrange for a report and recommendations to be made to the Minister in respect of all submissions received in accordance with subsections (2) and (3).
17: Publication of strategy
1: The Minister must consider the report and recommendations made under section 16
2: After considering the report and recommendations, the Minister must—
a: provide every person who made a submission with a summary of the recommendations and of the Minister's decision on the recommendations; and
b: make the strategy available for public inspection at such places as the Minister considers appropriate; and
c: give public notification of the issue of the strategy (which notification must give reasonable notice of the contents of the strategy, incorporating any changes made under this section), and of the places at which it is available for inspection. Replacing or amending strategy
18: Replacement strategy
1: Despite section 12
2: In preparing a draft replacement strategy, the Minister must follow the procedure specified in sections 13 to 17
3: Despite section 12(1)
19: Amendments to strategy
1: The Minister may from time to time make amendments of a minor nature to a current strategy.
2: Before the Minister makes amendments to a current strategy under subsection (1), the Authority must consult with such persons as the Minister considers appropriate, including (without limitation) the persons specified in section 13(2)
3: The Minister must, in accordance with section 15
4: Nothing in this section or section 15 Energy Efficiency and Conservation Authority
20: Energy Efficiency and Conservation Authority
1: This section establishes the Energy Efficiency and Conservation Authority.
2: The Authority is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004 Section 20(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 20(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
21: Functions
1: The function of the Authority is to encourage, promote, and support energy efficiency, energy conservation, and the use of renewable sources of energy by—
a: advising the Minister on any matter relating to or affecting—
i: energy efficiency and conservation, and the use of renewable sources of energy in New Zealand; or
ii: the functions of the Authority:
b: assisting the Minister to prepare and administer a strategy:
c: promoting public awareness in New Zealand of the importance of energy efficiency and conservation, and the use of renewable sources of energy:
d: promoting practices and technologies to further energy efficiency, energy conservation, and the use of renewable sources of energy:
e: arranging for the conduct of research, assessments, demonstrations, and studies:
f: monitoring and reviewing the state of energy efficiency, energy conservation, and the use of renewable sources of energy in New Zealand:
g: publishing relevant information, research, and other material:
h: carrying out such other functions and duties as are conferred or imposed on it by any enactment.
2: The Authority must perform its functions to achieve the purpose of this Act, and in accordance with the strategy for the time being in force.
3: Subsection (2) does not limit section 14(2) Section 21(3) added 25 January 2005 section 200 Crown Entities Act 2004
22: Powers
1:
2: The Authority may
a:
b:
c:
d:
3: This section does not limit sections 16 17 Section 22(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)﻿(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)﻿(b) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)﻿(c) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 22(2)﻿(d) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 22(3) substituted 25 January 2005 section 200 Crown Entities Act 2004
23: Authority to comply with Government policy and Minister's directions
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Membership of Authority
1: The board of the Authority consists of no fewer than 6, and no more than 8, members.
2: Before appointing a member of the Authority, the Minister must publicly invite nominations of persons who wish to be appointed as members of the Authority.
3:
4: Section 24(1) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 24(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 24(4) repealed 25 January 2005 section 200 Crown Entities Act 2004
25: Eligibility for appointment as member of Authority
1: The Minister must, in appointing a member of the Authority, have regard to the need for members to have between them a balanced mix of knowledge and experience in matters relevant to the functions of the Authority.
2: Knowledge and experience that is relevant includes knowledge of and experience in—
a: the energy sector:
b: the environment:
c: community organisations:
d: commerce, marketing, and communications:
e: governance and public sector management:
f: science and technology.
3: This section does not limit section 29 Section 25(3) added 25 January 2005 section 200 Crown Entities Act 2004
26: Resignation from office
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Appointment of chairperson and deputy chairperson
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Exercise of chairperson's functions, powers, and duties by deputy chairperson
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Authority deemed to be public authority
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Annual report on performance
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004
31: Further provisions applying to Authority
The provisions in the Schedule
32: Transfer of employees
1: Where the chief executive of the Ministry of Economic Development finds, in respect of any duties being carried out by the ministry, that those duties are no longer to be carried out by the ministry and are to be carried out (in whole or in part) by the Authority, the chief executive of the ministry and the Authority may agree to the transfer, from that ministry to the Authority, of all or any of the employees of the ministry who are carrying out those duties.
2: Before transferring an employee under subsection (1), the Authority and the chief executive of the ministry must consult with the employee about the proposed transfer.
3: Subsection (1) is subject to subsection (2).
4: The power conferred by this section to transfer an employee is subject to the employment contract applying to that employee.
33: Protection of terms and conditions of employment
1: The employment of a transferred employee must be on terms and conditions no less favourable to the transferred employee than those applying to the employee immediately before his or her transfer.
2: Subsection (1) continues to apply to the terms and conditions of employment of a transferred employee until those terms and conditions are varied by agreement between the transferred employee and the Authority.
34: Continuity of employment
Every transferred employee becomes, on his or her transfer, an employee of the Authority, but, for the purposes of every enactment, law, determination, contract, and agreement relating to the employment of each such employee,—
a: the contract of employment of that employee is deemed to have been unbroken; and
b: the employee's period of service with the ministry, and every other period of service of the employee that is recognised by the ministry as continuous service, is deemed to have been a period of service with the Authority.
35: No compensation for technical redundancy
1: No transferred employee is entitled to any compensation for redundancy or any severance payment solely on the ground that—
a: the position held by the person in the Ministry of Economic Development has ceased to exist; or
b: the person has ceased to be an employee of the Ministry of Economic Development.
2: This section applies despite section 32(4) Regulations
36: Regulations
1: The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:
a: prescribing minimum energy performance standards for energy-using products and services, including all vehicles:
b: prescribing requirements in relation to the labelling of products, including all vehicles, in terms of their energy efficiency or proficiency in conserving energy:
ba: prescribing requirements in relation to the labelling of vehicles in terms of their carbon dioxide emissions and any financial rebates receivable or charges payable relating to those emissions:
c: requiring specified classes of persons to provide, on the request of the Authority, evidence in the specified form that a minimum energy performance standard prescribed under paragraph (a) has been complied with:
d: prescribing, for the purposes of paragraphs (a) to (c), the form and manner of testing or verifying the energy performance of energy-using products and services, including vehicles:
e: requiring, for the purposes of paragraphs (a) to (c), specified classes of persons to certify, in the prescribed form and manner, as to the energy performance of energy-using products and services, including vehicles:
f: requiring specified classes of persons to supply prescribed information to the Authority for the purpose of compiling statistics on energy efficiency, energy conservation, and the use of renewable sources of energy:
g: prescribing offences in respect of the contravention of, or non-compliance with, any provision of any regulations made under this section:
h: prescribing the amount of the fines that may be imposed in respect of any offences against any regulation made under this section, which fines must be an amount not exceeding $10,000.
2: Before making regulations under this section, the Minister must—
a: publicly notify the proposal to make the regulations; and
b: give interested persons a reasonable time, which must be specified in the notice published under paragraph (a), to make submissions on the proposed regulations; and
c: consult with such persons as the Minister in each case considers appropriate.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 36(1)﻿(ba) inserted 23 February 2022 section 24 Land Transport (Clean Vehicles) Amendment Act 2022 Section 36(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
37: Incorporation of material by reference
Section 37 repealed 30 May 2017 section 140 Regulatory Systems (Commercial Matters) Amendment Act 2017
38: Confidentiality of information
1: This section applies to information supplied to the Authority in accordance with regulations made under section 36(1)﻿(f)
2: The information may be used only for statistical purposes.
3: Subject to subsection (5), no person, other than an employee of the Authority, may be permitted to see information that relates to a particular person, except for the purposes of a prosecution or proposed prosecution against regulations made under section 36
4: Except for the purposes of a prosecution or proposed prosecution against regulations made under section 36
a: may be disclosed only to—
i: an employee of the Authority; or
ii: a person to whom the information relates; and
b: may be published only in accordance with subsection (5).
5: The Authority may publish statistical information only if it is arranged in such a manner as to prevent any information published from being identifiable by any person (other than the person who supplied the information) as information relating to a particular person, unless—
a: that person has consented to the publication of the information in that manner, or has already permitted its publication in that manner; or
b: the publication of the information in that manner could not reasonably have been foreseen by the Authority or any employee of the Authority.
5A: Nothing in this section limits or prevents the provision of information to the Government Statistician for the production of official statistics or research under the Data and Statistics Act 2022
6: Nothing in the Official Information Act 1982 Privacy Act 2020 Section 38(5A) inserted 1 September 2022 section 107(1) Data and Statistics Act 2022 Section 38(6) amended 1 December 2020 section 217 Privacy Act 2020
39: Offence
Every person commits an offence and is liable on section 38 Section 39 amended 1 July 2013 section 413 Criminal Procedure Act 2011 Related amendments to other Acts Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
40: Amendment to Ombudsmen Act 1975
Section 40 repealed 25 January 2005 section 200 Crown Entities Act 2004
41: Amendment to Official Information Act 1982
Section 41 repealed 25 January 2005 section 200 Crown Entities Act 2004
42: Amendment to Public Finance Act 1989
Section 42 repealed 25 January 2005 section 200 Crown Entities Act 2004