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Climate Change Response (Moderated Emissions Trading) Amendment Bill (Consistent) [2009] NZBORARp 59 (18 September 2009)

Last Updated: 28 April 2020

Climate Change Response (Moderated Emissions Trading) Amendment Bill

18 September 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

CLIMATE CHANGE RESPONSE (MODERATED EMISSIONS TRADING) AMENDMENT BILL

1. We have considered whether the Climate Change Response (Moderated Emissions Trading) Amendment Bill (PCO 13926/8.5) (“the Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). We understand that the Bill is scheduled for consideration by Cabinet Legislation Committee on Thursday, 24

September 2009.

2. The Bill amends the carbon emissions trading scheme created under the Climate

Change Response Act 2002 (“the Act”). The key amendments:

o shift the commencement of obligations under the Act for some industries;

• create a transitional phase between 1 July 2010 and 31 December 2012 during which the number of carbon units surrendered for CO2 emissions will be reduced, the price per tonne of CO2 will be capped, and the export of New Zealand units (with the exception of forestry-related New Zealand units) will be prohibited; and
• enable the allocation of free carbon units based on intensity of emissions in order to lessen the effect of the scheme on industries with a high intensity of emissions.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Climate Change Response (Moderated Emissions Trading) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.