New Zealand
Climate Change Response (Zero Carbon) Amendment Act (amending the Climate Change Response Act 2002)
Legislative
Law
Mitigation Framework
Passed in 2002
The Act has been amended numerous times, including by the Climate Change Response (Zero Carbon) Amendment Act in November 2019. The Zero Carbon Amendment Act sets a target to reduce net carbon emissions to zero by 2050. It also sets targets for biogenic methane emissions (from agriculture and waste) - 10% by 2030 (compared with 2017 levels), and 24%-47% reduction by 2050 (compared with 2017 levels). 5 year rolling carbon budgets are set, and obligations set to monitor meeting of those budgets. By 2024, a review will be carried out with regards to inclusion of emissions from international shipping and aviation in the 2050 target. The amendment mandates carrying out a periodic national climate risk assessment, and sets obligations on government to follow every assessment with a national adaptation plan. The amendment establishes a Climate Change Commission which serves an an independent advisory board to government. The Commission's role is to provide independent, expert advice to the Government mitigation and adaptation, and to monitor and review the Government’s progress towards its emissions reduction and adaptation goals. The Zero Carbon amendment sets consulting obligations with Māori and iwi leadership bodies under the obligations of the Treaty of Waitangi on multiple aspects of the law.
Other notable amendments: On June 22nd, 2020, the Emissions Trading Reform Amendment Act was passed to amend the 2002 Act. This amendment reforms the existing trading scheme created by the 2008 Amendment to the Act. The Amendment aims at improving certainty for businesses, making the Emissions Trading Scheme more accessible, and improving its administration. It also allows for the phase down of industrial allocation from 2021 with greater reductions from 2030.
The Climate Change Response (Unit Restriction) Amendment Act 2014 ensures that only domestic emission units within the NZ ETS can be surrendered by participants when deregistering post-1989 forest land from the NZ ETS. The intent is to remove the opportunity to arbitrage units by registering and deregistering the same piece of post-1989 forest land from the NZ ETS multiple times.
The Climate Change Response (Emissions Trading and Other Matters) Amendment Act 2012 maintains the costs that the NZ ETS places on the economy at current levels. Essentially, the 2012 amendments prolong the transitional measures introduced in 2009: non-forestry obligations remain at one emission unit for two tonnes of actual emissions, there is no phase-out of free allocations, and the unit price is capped at NZD 25 (USD 19.65). The most significant change however is that agriculture will not have to surrender obligations from 2015.
The Climate Change Response Amendment Act 2011 made several changes to the administrative functions of the Climate Change Response Act 2002, such as the functions of the chief executive of the Environmental Protection Authority, the appointment of enforcement officers, and the obligation to maintain confidentiality.
The Climate Change Response (Moderated Emissions Trading) Amendment Act 2009 made several important changes aimed at modifying New Zealand's emissions trading scheme, including delaying the participation of the agriculture sector in the NZ ETS until 1 January 2015, and that additional allocations of emission certificates will be given to the agriculture sector on an intensity basis. They will be phased out at 1.3 percent rate starting from 2016. The Act also stated that additional allocations of emission certificates will be given to emissions-intensive, trade-exposed industries.
The Climate Change Response (Emissions Trading Forestry Sector) Amendment Act 2009 made technical amendments to the forestry sector's participation in the NZ ETS, specifically, giving the Minister in charge the ability to withdraw or suspend draft allocation plans, and changing the timeframes for the surrender of units in relation to pre-1990 forest land activities.
The Climate Change Response (Emissions Trading) Amendment Act 2008 amended the Climate Change Response Act 2002 to introduce a GHG emissions trading scheme in New Zealand (known as the NZ ETS). The Department of Inland Revenue specifies how the Climate Change Response Act amends the Income Tax Act 2004, the Income Tax Act 2007, and the Goods and Services Tax Act 1985 (GST Act) to cover the income tax consequences to the forestry sector and the GST consequences to all sectors of transactions in emissions units.
The Climate Change Response Amendment Act 2006 made numerous small changes to the 2002 Climate Change Response Act such as identifying an expiry period for both temporary and long-term certified emission reduction units, allowing the Governor General to make regulations establishing forest sink covenants, and adding principles of cost recovery such as via levies or fees.
Documents
-
10% reduction of biogetnic methane by 2030, 24%-47% reduction by 2050
-
Net-zero GHG emissions by 2050 (except biogenic methane)
-
Emissions of biogenic methane in a calendar year—(i)are 10% less than 2017 emissions by the calendar year beginning on 1 January 2030; and(ii)are 24% to 47% less than 2017 emissions by the calendar year beginning on 1 January 2050 and for each subsequent calendar year.
Related litigation cases
-
Mataatua District Maori Council v. New Zealand
Representatives of the Mataatua District Māori Council have filed a claim and supporting memorandum in the Waitangi Tribunal, the forum where disputes over the performance of the Treaty of Waitangi between Māori and the government of New Zealand are heard and resolved. The claimants allege that N...
-
Thomson v. Minister for Climate Change Issues (High Court of New Zealand, Wellington, filed 10 Nov. 2015)
Sarah Thomson, a New Zealand law student, filed a Statement of Claim in 2015 against New Zealand’s Minister of Climate Change Issues alleging that the Minister had failed in several respects regarding the setting of greenhouse gas emissions reduction targets required by New Zealand’s Climate Chan...
-
Lawyers for Climate Action NZ v. The Climate Change Commission
On July 1, 2021, a group of hundreds of New Zealand lawyers sued the country's Climate Change Commission and the Minister for Climate Change alleging that the Commission's recommendations to the Minister violated New Zealand law and the Paris Agreement. Plaintiffs allege that the Commission's car...
-
Students for Climate Solutions v Minister of Energy and Resources
In 2022, Students for Climate Solutions brought a case against the Minister of Energy and Resources. The plaintiff argued that the defendant Minister, in granting petroleum exploration permits under the Crown Minerals Act 1991 (CMA), had failed to adequately consider the effects of the exploratio...
from the Grantham Research Institute
from the Grantham Research Institute
