Corrections Amendment Act 2019

1: Title
This Act is the Corrections Amendment Act 2019.
2: Commencement
1: Sections 4(1) 7 8 10 11 12 25(1) to (3) 37 38 39 40 43
2: Any provision specified in subsection (1) that has not earlier been brought into force comes into force on the date that is 6 months after the date on which this Act receives the Royal assent.
3: The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Corrections Act 2004 principal Act 2020-04-28 Corrections Act 2004 Sections 4(1), 7, 8, 10, 11, 12, 25(1)-(3) only. Can be brought into force earlier by OiC. See section 2(1) & (2) 2019-10-29 Corrections Act 2004 Rest of the Act (ie Part 1 excluding sections 4(1), 7, 8, 10, 11, 12, 25(1)-(3)). See section 2(3)
1: Amendments to principal Act
4: Section 3 amended (Interpretation)
1: In section 3(1) drug
c: a psychoactive substance within the meaning of section 9 of the Psychoactive Substances Act 2013
2: In section 3(1) at-risk assessment section 49(2) or 61A at-risk cell section 61H at-risk management plan section 61D at-risk prisoner Director-General of an intelligence and security agency imaging technology search section 92B intelligence and security agency rub-down search scanner search section 92A scope of practice self-care unit shared cell strip search
5: Section 10 amended (Delegation of powers and functions of chief executive)
After section 10(g)
gaa: the power under section 81AB
6: New section 19B inserted (Delegation of powers and functions of health centre managers)
After section 19A
19B: Delegation of powers and functions of health centre managers
1: A health centre manager may, either generally or particularly, delegate any of the powers and functions of the health centre manager under this Act or regulations made under this Act to a person specified in subsection (2) or (3)
2: In the case of a health centre manager appointed to a corrections prison that is not a contract prison, the delegation may be made to a registered health professional who is an employee of the department.
3: In the case of a health centre manager appointed to a contract prison, the delegation may be made to a registered health professional who is an employee of the contractor (or subcontractor, within the meaning of section 199C) that manages the contract prison.
4: Section 13(2) and (5) to (7) applies to a delegation under this section, and any reference in those provisions to a prison manager is taken to be a reference to a health centre manager.
7: Section 42 amended (Certain information to be given to recently received prisoners)
1: Replace section 42(1)
1: The manager of a prison must ensure that, on the reception of a prisoner, or reasonably promptly after the prisoner is received, the prisoner is given, in writing, relevant and sufficient information about—
a: the operation of the prison; and
b: the rules of the prison made under section 33; and
c: the rules about authorised property made under section 45A; and
d: the entitlements of prisoners; and
e: offences against discipline under sections 128 to 131; and
f: the complaints system operating at the prison.
2: After section 42(2)
3: The manager of a prison must, as far as is practicable, also provide the information and advice in a form and language that are accessible and appropriate to the prisoner.
8: Section 49 amended (Prisoners must be assessed on reception and have needs addressed)
In section 49
2: The assessment under subsection (1)(a)
9: Section 51 amended (Management plans)
After section 51(3)
3A: A plan may comprise more than 1 document, and those documents may be kept in different physical or electronic locations.
10: Section 57 replaced (Segregation)
Replace section 57
57: Denial or restriction of prisoner’s opportunity to associate with other prisoners
The opportunity of a prisoner to associate with other prisoners must not be denied or restricted, except in accordance with this Act.
11: Section 60 amended (Segregation for purpose of medical oversight)
1: In section 60(1)(a) health , except against the risk of self-harm
2: In section 60(1)(b) (including, without limitation, the risk of self-harm)
3: Replace section 60(5) and (6)
5: While a direction under this section is in force, the health centre manager must, unless he or she is satisfied that it is not necessary in the circumstances, ensure that a registered health professional visits the prisoner concerned at least once a day.
12: New sections 61A to 61H and cross-heading inserted
After section 61 Prisoners at risk of self-harm
61A: Ongoing assessment for risk of self-harm
A prisoner who has been assessed, in accordance with section 49(2)
61B: Initial steps that prison manager and health centre manager must take in respect of at-risk prisoner
The initial steps that must be taken in respect of an at-risk prisoner are—
a: the prison manager must ensure that the prisoner is promptly placed in an at-risk cell or alternative accommodation that the prison manager considers adequate to protect the prisoner from self-harm; and
b: the prison manager must ensure that the prisoner is observed by an officer at the intervals that the prison manager specifies; and
c: the health centre manager must ensure that a registered health professional visits the prisoner at least twice per day (unless the health centre manager is satisfied that it is not necessary in the circumstances).
61C: Confirmation of at-risk prisoner assessment
1: The prison manager must, in respect of an at-risk prisoner, obtain the advice of the health centre manager within 24 hours after the prisoner’s at-risk assessment.
2: After considering the advice, the prison manager must—
a: reverse the at-risk assessment, if the prison manager considers that the prisoner is not at risk of self-harm; or
b: confirm the at-risk assessment, if the prison manager considers that the prisoner is at risk of self-harm.
61D: At-risk management plan established
1: If a prison manager confirms a prisoner’s at-risk assessment, the prison manager must ensure that an at-risk management plan is established for the prisoner as soon as practicable.
2: The plan must be established in consultation with—
a: the health centre manager; and
b: any other person within or outside the department that the prison manager considers has relevant expertise or knowledge.
61E: Content of at-risk management plan
1: An at-risk management plan must specify—
a: the restrictions (if any) on the opportunity of the prisoner to associate with other prisoners; and
b: the steps to be taken to address the prisoner’s risk of self-harm; and
c: the situations in which the prisoner must be strip searched.
2: The plan may specify restrictions on the opportunity of the prisoner to associate with other prisoners only to the extent that those restrictions are necessary for the safety of the prisoner or the safety of other prisoners.
3: If the plan specifies restrictions on the opportunity of the prisoner to associate with other prisoners, the prison manager must ensure that—
a: the prisoner is promptly informed in writing of the reasons for the restrictions; and
b: the chief executive is promptly informed in writing of the restrictions and of the reasons for those restrictions.
4: The chief executive may, at any time, revoke or modify a restriction on the opportunity of a prisoner to associate with other prisoners and amend the plan accordingly.
5: The plan must be revised as necessary at regular intervals, in accordance with any requirements prescribed by regulations made under this Act and any relevant instructions issued under section 196.
61F: Revocation of confirmed at-risk assessment
1: The prison manager must revoke the confirmed at-risk assessment of an at-risk prisoner if the prison manager is satisfied, after obtaining the advice of the health centre manager, that the prisoner is no longer at risk of self-harm.
2: On the revocation of a prisoner’s at-risk assessment by the prison manager, the at-risk management plan for that prisoner ends.
61G: Health centre manager must consult registered health professional if advice outside scope of practice
A health centre manager must not give advice under section 61C or 61F
61H: Designation of at-risk cell
1: The prison manager may designate a cell as an at-risk cell.
2: The designation must be in writing and may be revoked at any time.
3: An at-risk cell must have items and features, including items and features necessary for the safety of the prisoner, prescribed by regulations made under this Act and must meet prescribed standards.
13: Section 77 amended (Outgoing telephone calls)
Replace section 77(6)
6: Every prisoner who makes an outgoing telephone call may be required to—
a: meet the cost of the call; or
b: pay a fee set by the chief executive.
7: Despite subsection (6)
14: Section 81A amended (Request and approval for placement of child with mother)
1: After section 81A(5)
5A: If the chief executive refuses approval for a child’s placement under subsection (1), or ends a placement under subsection (5), the chief executive must—
a: provide reasons for the decision; and
b: notify the prisoner in writing of the decision and the process for reconsideration of the decision.
2: In section 81A(6) sections 81B and 81C sections 81AB
15: New section 81AB inserted (Reconsideration of decision relating to child’s placement)
After section 81A
81AB: Reconsideration of decision relating to child’s placement
1: At the request of the prisoner, the chief executive must reconsider a decision (the decision
a: refusing approval for the child’s placement ( see
b: ending the child’s placement ( see
2: A request for reconsideration must be made within 14 days after the prisoner has been notified in writing of the decision.
3: The chief executive must reconsider the decision against the relevant criteria set out in section 81A, except that the chief executive is not required to repeat the steps set out in section 81A(4).
4: A decision is not suspended while it is being reconsidered.
5: On reconsideration of the decision, the chief executive may do any of the following:
a: affirm it:
b: amend it:
c: rescind it and substitute a different decision.
6: The chief executive must—
a: provide reasons for the outcome under subsection (5)
b: notify the prisoner in writing of the outcome.
16: New sections 82A and 82B inserted
After section 82
82A: Types of permitted accommodation
Subject to any restrictions set out in this Act or regulations made under this Act, a prisoner may be accommodated in an individual cell, a shared cell, or a self-care unit.
82B: No legitimate expectation as to conditions, etc
1: To avoid doubt, a prisoner does not have any legitimate expectation of—
a: being accommodated in, or of being provided with, the same or similar conditions during the whole term of his or her sentence, period of remand, or other period of detention; or
b: being provided with the same or similar programmes or opportunities during the whole term of his or her sentence, period of remand, or other period of detention.
2: Subsection (1)
17: Section 87 amended (Restraint of prisoners)
1: Replace section 87(5)
5: A mechanical restraint must not be used on a prisoner for more than 24 hours at a time unless the use of the restraint for more than 24 hours—
a: is authorised by the prison manager and is, in the opinion of a medical officer, necessary to protect the prisoner from self-harm; or
b: is, in the case of a prisoner who has been temporarily removed to a hospital outside the prison for treatment, necessary to prevent the escape of the prisoner or to maintain public safety.
2: In section 87(5A) (5) (5)(a)
3: Replace section 87(6)
6: Despite subsections (1) to (5)
7: In subsection (6) chains or irons
18: Section 91 amended (Definition of scanner search)
1: In the heading to section 91 search for purposes of Public Safety (Public Protection Orders) Act 2014
2: In section 91 this Act the Public Safety (Public Protection Orders) Act 2014
19: Section 92 amended (Definition of x-ray search)
1: In the heading to section 92 search for purposes of Public Safety (Public Protection Orders) Act 2014
2: In section 92(1) this Act the Public Safety (Public Protection Orders) Act 2014
3: In section 92(2) x-ray search under that Act
20: New sections 92A to 92D inserted
After section 92
92A: Meaning of scanner search for purposes of this Act
1: For the purposes of this Act, scanner search
a: in a person’s body:
b: beneath or within clothing or possessions.
2: For the purpose of facilitating a scanner search under this Act, the person conducting the search may require the person being searched to—
a: remove any item of outer clothing (including, without limitation, any jacket, jumper, or sweatshirt) that needs to be removed in order to carry out the search, except where the person being searched has no other clothing, or only underclothing, under that outer clothing:
b: remove any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories:
c: comply with any other procedure that needs to be undertaken to carry out the search.
92B: Meaning of imaging technology search
For the purposes of this Act, imaging technology search
a: means a scanner search that produces an image of the body or part of the body (whether external or internal) of the person being searched; and
b: includes, without limitation, a search using an x-ray machine or a body scanner.
92C: Particular matters relating to imaging technology searches
1: An image produced as a result of an imaging technology search must,—
a: so far as practicable, avoid showing a clear image of the body beneath clothing; and
b: obscure the genitals or make them not easily distinguishable if they are included in the image.
2: An image produced as a result of an imaging technology search must be retained only as long as is necessary to determine the presence of an unauthorised item.
3: Despite anything to the contrary in another enactment, a person who conducts an imaging technology search must not, without reasonable excuse, photograph or copy the image or provide the image to another person.
92D: Particular restrictions when imaging technology search used as alternative to strip search
1: The restrictions in section 92C(1) section 98(9)
2: However, an image that is produced using imaging technology—
a: may be viewed only by an officer or a constable of the same sex as the person who is searched; and
b: may not be viewed by another prisoner.
21: Section 93 amended (Restrictions on internal examinations)
In section 93 92 92B
22: Section 94 amended (Restrictions on searches)
1: Replace section 94(1)
1: The following searches may be carried out only by a person of the same sex as the person to be searched:
a: a rub-down search:
b: a strip search:
c: an imaging technology search that is used as an alternative to a strip search under section 98(9)
1A: A strip search must not be carried out in view of any person who is not of the same sex as the person to be searched.
2: In section 94(2) strip search, or x-ray search or strip search
23: Section 96 amended (Authority to search property)
1: Replace section 96(1)
1: Authority conferred by this Act to conduct a scanner search of any person includes the authority to search—
a: any item carried by, or in the possession of, that person:
b: any outer clothing removed for the purposes of the search:
c: any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories removed for the purposes of the search.
2: In section 96(3) or x-ray search
3: In section 96(7) or x-ray
24: Section 97 amended (Use of dogs for searching)
Replace section 97(3)
3: While any officer is using a dog for the purposes of searching any person, the officer who has control of the dog must take reasonable steps to prevent the dog from coming into physical contact with the person being searched.
25: Section 98 amended (Search of prisoners and cells)
1: After section 98(6)(b)
ba: on the return of the prisoner to the prison after the prisoner has been outside the prison in the control of an officer, a probation officer, or a staff member who is not an officer:
2: Repeal section 98(7)(b)
3: Replace section 98(7A) and (7B)
7A: Every at-risk prisoner must be required to undergo a strip search conducted by an officer—
a: each time the prisoner enters an at-risk cell, until an at-risk management plan is established for the prisoner:
b: in the situations set out in the at-risk management plan for the prisoner.
4: Replace section 98(9)
9: If a prisoner is required to undergo a strip search under this section, a scanner search may be undertaken as an alternative if the chief executive has approved the device as suitable for the purpose of replacing a strip search.
26: Section 99 amended (Search of persons other than prisoners)
After section 99(4)
4A: Any person may be refused admission to a prison or part of the prison, refused access to a prisoner, or required to leave the prison or place where the prisoner is (as the case may be) if the person refuses to remove an item of outer clothing (on the grounds that the person has no other clothing, or only underclothing, under that outer clothing) for the purpose of a scanner search or a rub-down search.
27: Section 104 amended (General considerations relating to mail)
After section 104(f)
g: the interests of victims:
h: the potential impacts of the written material on persons beyond the intended recipient, including the potential for the sharing and publication of the material:
i: the potential for messages to be disseminated through coded references.
28: Section 108 amended (Withholding mail)
1: In section 108(1)(d) it is correspondence that the manager believes on reasonable grounds is likely to— the manager believes on reasonable grounds that the correspondence may, directly or indirectly,—
2: In section 108(1)(d)(i) a person to whom it is being sent by the prisoner any person
3: After section 108(1)(d)(vi)
vii: promote or encourage hostility towards any group of persons on 1 or more of the grounds specified in section 21 of the Human Rights Act 1993.
29: Section 117 amended (Authorised disclosure of information)
Repeal section 117(7)
30: Section 118 amended (Restrictions on disclosure of information)
In section 118(1) or in accordance with the Privacy Act 1993
31: Section 120 amended (Destruction of recordings)
1: In section 120(3) State Sector Act 1988 (except an intelligence and security agency)
2: After section 120(3)
3A: The Director-General of an intelligence and security agency must ensure that every recording of a prisoner call held by the agency that was obtained by the monitoring of the call under this Act is destroyed, or completely erased, as soon as practicable if the recording is not required, or is no longer required, by the agency for the purpose of its functions.
3: In section 120(4) (1) and (3) (1), (3), and (3A)
32: Section 128 amended (Offences by prisoner)
After section 128(1)(n)
o: tattoos another prisoner:
p: receives a tattoo with his or her consent:
q: tattoos himself or herself:
r: contacts a person in breach of a court order or direction of any court.
33: Section 146 replaced (Contravention of section 110A or 118)
Replace section 146
146: Offences in relation to mail, information, and images
Every person who contravenes section 92C(3)
34: Section 202 amended (Regulations relating to safe custody of prisoners)
1: In section 202(g) under section 58 or section 59 or section 60
2: In section 202(k), replace x-ray imaging technology
35: Section 203 amended (Regulations relating to treatment of prisoners)
After section 203(b)
ba: prescribing matters that must be included in rehabilitative programmes, and different matters may be prescribed for different rehabilitative programmes and different classes of prisoners:
2: Consequential amendments to Corrections Regulations 2005
36: Amendments to Corrections Regulations 2005
This Part consequentially amends the Corrections Regulations 2005 2020-04-28 Corrections Regulations 2005 Sections 37, 38, 39, 40, 43 only (see s 2(1)). Can be brought into force earlier by OiC (see s 2(2). 2019-10-29 Corrections Regulations 2005 Sections 36, 41, 42, 44 only (see s 2(1) & (3)).
37: Regulations 57 and 58 and cross-headings replaced
Replace regulations 57 58 Prescribed segregation and at-risk facilities
57: Mandatory items, features, and standards for segregation accommodation and at-risk cells
1: Cells used to accommodate prisoners subject to a segregation direction must have the items and features specified in Part A of Schedule 2.
2: At-risk cells must have the items and features specified in Part A of Schedule 2, other than a bed.
3: The prison manager must ensure that the items and features specified in Part A of Schedule 2 that are provided for use in, or form part of, a cell to which this regulation applies are maintained in good working order. Additional segregation and at-risk facilities
58: Additional segregation and at-risk facilities
1: Natural lighting must be provided in the following cells:
a: a cell used in a corrections prison for the accommodation of a prisoner subject to a segregation direction issued under section 58, 59, or 60 of the Act:
b: an at-risk cell.
2: The requirement for natural lighting is in addition to the items or features referred to in regulation 57(1) or (2)
38: Regulation 60 amended (Cells for prisoners at risk of self-harm)
Replace regulation 60(1) and (2)
1: An at-risk cell must, in addition to the items and features referred to in regulations 57(2) and 58
a: have the features and contain the items specified in Part C of Schedule 2; and
b: so far as is practicable in the circumstances, have the feature specified in Part D of Schedule 2.
2: Despite subclause (1) subclause (1)
39: Regulation 61 amended (Cells for the assessment of prisoners’ mental health)
In regulation 61(1) and (2) for reasons other than the risk or possible risk of self-harm
40: Regulation 63 replaced (Prisoners at risk of self-harm)
Replace regulation 63
63: Prisoners at risk of self-harm
1: A suitable registered health professional must keep written notes of each visit to an at-risk prisoner and the notes must be entered on the prisoner’s health record.
2: Within 24 hours of a prisoner’s assessment as an at-risk prisoner, the health centre manager must visit the prisoner and prepare a report on the prisoner, but this does not apply if the health centre manager has visited the prisoner and written a report when providing advice to the prison manager under section 61C
3: The health centre manager must—
a: record any advice given under section 61C
b: arrange for a copy of any report prepared to be put in the health record of the prisoner.
4: After visiting a prisoner under subclause (2)
a: whether or not the prisoner should be denied access, under section 69(2)(c) of the Act, to all or any of the minimum entitlements referred to in section 69, or, if the prisoner has already been denied access to all or any of those entitlements under section 69(2)(c), whether the prisoner should continue to be denied access to those entitlements:
b: whether or not the prisoner should be denied access to any other item (such as clothing).
5: The health centre manager must record a recommendation under subclause (4)
6: Before the health centre manager makes a recommendation under subclause (4)
7: As far as is practicable in the circumstances and consistent with maintaining the prisoner’s safety, an at-risk prisoner must be detained under the same conditions as if he or she were not at risk of self-harm, including access to activities in accordance with his or her management plan and access to authorised property.
41: Regulation 66 replaced (Individual cells)
Replace regulation 66
66: Individual cells and shared cells
1: A prisoner may be accommodated in a shared cell unless the prison manager is satisfied that the prisoner is unsuited for the shared cell accommodation that is available.
2: Before accommodating a prisoner in a shared cell, the prison manager must ensure that the prisoner is assessed to determine whether he or she is suited for the available shared cell accommodation.
3: A prisoner who is assessed as unsuited for the available shared cell accommodation must be accommodated in an individual cell.
42: Regulation 196 revoked (No legitimate expectation as to conditions, etc)
Revoke regulation 196
43: Schedule 2 amended
1: In the Schedule 2 prisoners and prisoners at risk of self-harm
2: In Schedule 2 the purposes of section 61 of the Act cells for segregated prisoners
44: Schedule 3 amended
1: In Schedule 3 Heating appropriate to climatic conditions and suitable for the number of occupants and the daily regime
2: In Schedule 3 Privacy screening consistent with safe custodial management (including, in the case of a shared cell, privacy screening of the toilet and shower from view by other cell occupants)
3: In Schedule 3 Fresh or conditioned air suitable for the number of occupants and the daily regime
4: In Schedule 3 Heating appropriate to climatic conditions and suitable for the number of occupants and the daily regime
5: In Schedule 3 Fresh or conditioned air suitable for the number of occupants and the daily regime
6: In Schedule 3 Intercom, alarm, or call button (in the case of a shared cell) Privacy screening consistent with safe custodial management (including, in the case of a shared cell, privacy screening of the toilet and shower from view by other cell occupants)


1: Title
This Act is the Legislation (Repeals and Amendments) Act 2019.
2: Commencement
1: This Act comes into force as follows:
a: Part 1 Schedule 1 Legislation Act 2012
b: the rest of this Act comes into force—
i: on 1 or more dates set by Order in Council; or
ii: to the extent not brought into force earlier, on the fifth anniversary of the date on which the Secondary Legislation Act 2021
2: One or more Orders in Council may set different dates for different provisions (and, for that purpose, may commence a provision only for the purpose of giving effect to some, but not other, parts of this Act). Section 2(1)(b)(i) brought into force 28 October 2021 clause 2 Legislation (Repeals and Amendments) Act Commencement Order 2021 Section 2(1)(b)(ii) amended 25 March 2021 section 6(2) Secondary Legislation Act 2021
1: Interim amendments
3: Legislation Act 2012 amended
The Legislation Act 2012 Part 1 2019-10-29 Legislation Act 2012 Part 1 of Schedule 1 — see s 2(1)(a)
4: Other Acts amended
The Acts set out in Part 2 2019-10-29 Biosecurity Act 1993 Civil Aviation Act 1990 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Customs and Excise Act 2018 Fisheries Act 1996 Land Transport Act 1998 Maritime Transport Act 1994 Resource Management Act 1991 Tariff Act 1988 See s 2(1)(a)
5: Publication statement taken not to have been required
Copies or reprints of legislation published under the Legislation Act 2012 section 6(6)
2: Repeals, revocations, and related amendments
1: Amendments relating to Part 2 of Legislation Act 2019
Repeal of Interpretation Act 1999
6: Repeal of Interpretation Act 1999
The Interpretation Act 1999 OIC LI 2021/251 2021-10-28 Interpretation Act 1999 Part brought into force by LI 2021/251 Amendments to Imperial Laws Application Act 1988
7: Amendments to Imperial Laws Application Act 1988
Sections 8 9 Imperial Laws Application Act 1988 OIC LI 2021/251 2021-10-28 Imperial Laws Application Act 1988 Part brought into force by LI 2021/251
8: Section 4 amended (Other Imperial enactments and Imperial subordinate legislation not part of laws of New Zealand)
Repeal section 4(4)
9: New section 6A inserted (Application of Legislation Act 2019 to Imperial legislation)
After section 6
6A: Application of Legislation Act 2019 to Imperial legislation
1: For the purposes of the Legislation Act 2019 and all other legislation, an Imperial enactment that is part of the laws of New Zealand is an Act
2: For the purposes of the Legislation Act 2019 and all other legislation, Imperial subordinate legislation that is part of the laws of New Zealand is secondary legislation see
3: For the purposes of applying the Legislation Act 2019 and other legislation to Imperial enactments and Imperial subordinate legislation,—
a: if the effect of the Imperial enactment or Imperial subordinate legislation, as part of the laws of New Zealand, is modified, the modification must be treated as an amendment:
b: if the Imperial enactment or Imperial subordinate legislation ceases to have effect, as part of the laws of New Zealand, the cessation must be treated as a repeal or revocation:
c: an order made under section 82 of the Legislation Act 2019 in respect of any Imperial subordinate legislation—
i: does not revoke it; but
ii: declares that it ceases to have effect as part of the laws of New Zealand.
4: Subsections (1) to (3) apply unless—
a: the legislation provides otherwise; or
b: the context of the legislation requires a different interpretation.
2: Amendments relating to Part 3 of Legislation Act 2019
Repeal of Legislation Act 2012
10: Repeal of Legislation Act 2012
The Legislation Act 2012 OIC 2021/251 2021-10-28 Legislation Act 2012 Part brought into force by LI 2021/251
11: Some instruments revoked and others continue in effect
1: The Legislation (Publication) Order 2013
2: However, the following instruments continue in effect (despite the repeal of the Legislation Act 2012 Legislation Act 2019
a: Inland Revenue Department (Drafting) Order 1995 section 68
b: Legislation (Recognition of Overseas Lawyers) Order 2014 section 137
c: Legislation (Official Versions) Regulations 2015 section 147
d: any order made under section 36C(3) section 147(1)(d)
e: any direction given under section 36E 36F section 76 OIC LI 2021/251 2021-10-28 Legislation (Publication) Order 2013 Part brought into force by LI 2021/251 Section 11(2)(e) amended 25 March 2021 section 6(3) Secondary Legislation Act 2021 Repeal of Reprint of Statutes Act 1931
12: Repeal of Reprint of Statutes Act 1931
The Reprint of Statutes Act 1931 OIC LI 2021/251 2021-10-28 Reprint of Statutes Act 1931 Part brought into force by LI 2021/251 Amendment to Local Government Act 2002
13: Amendment to Local Government Act 2002
Section 14 Local Government Act 2002 principal Act OIC LI 2021/251 2021-10-28 Local Government Act 2002 Part brought into force by LI 2021/251
14: New subpart 1A of Part 8 inserted
After section 161
1A: Local authority legislation
161A: What is local authority legislation
1: A bylaw that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2019
2: Any other instrument (whatever it is called) that is made by a local authority or a council-controlled organisation is secondary legislation for the purposes of the Legislation Act 2019
3: Subsection (1) applies whether or not the empowering legislation expressly states that the instrument is secondary legislation.
4: However,—
a: for the purposes of the Legislation Act 2019
b: the secondary legislation need not be published under the Legislation Act 2019; and
c: the secondary legislation is disallowable by the House of Representatives unless it is made by bylaws as defined by section 2 of the Bylaws Act 1910 ( see section 115
161B: Instruments that have significant legislative effect
1: An instrument has a significant legislative effect for the purposes of this subpart if the effect of the instrument is to do both of the following:
a: create, alter, or remove rights or obligations; and
b: determine or alter the content of the law applying to the public or a class of the public.
2: For the purposes of subsection (1),—
a: an instrument that determines or alters the temporal application of rights or obligations must be treated as having the effect described in paragraph (a) of that subsection; and
b: an instrument that determines or alters the temporal application of the law applying to the public or a class of the public must be treated as having the effect described in paragraph (b) of that subsection.
3: In applying subsection (1), the following must be disregarded:
a: the description, form, and maker of the instrument:
b: whether all or a portion of the instrument needs to be confirmed by an Act:
c: whether the instrument also contains provisions that are administrative.
4: An instrument does not have a significant legislative effect if it explains or interprets rights or obligations in a non-binding way, as long as the instrument does not do anything else that would bring it within subsection (1).
5: An instrument that is made in the exercise of a statutory power and imposes obligations in an individual case does not determine or alter the content of the law just because the statutory power applies generally or to a class of persons.
161C: Other supporting definitions
1: For the purposes of this subpart, an instrument that determines or alters the temporal application of rights or obligations
a: appoints or prescribes a date on which, or other time at which, they come into force:
b: defers the date on which, or other time at which, they apply or come into force:
c: suspends, or in any way cancels, for a period or until a time, their application or operation:
d: continues or extends (with or without a break), for a period or until a time, their application or operation:
e: defers the date on which, or other time at which, they are abolished, repealed, or revoked:
f: on a date, or at any other time, abolishes, repeals, or revokes them.
2: For the purposes of this subpart,— obligations
a: duties or liabilities:
b: obligations to comply with prohibitions:
c: ineligibility for rights, benefits, entitlements, interests, powers, or privileges rights
a: benefits, entitlements, interests, powers, or privileges:
b: eligibility for rights, benefits, entitlements, interests, powers, or privileges. Amendment to Parliamentary Privilege Act 2014
15: Amendment to Parliamentary Privilege Act 2014
Section 16 Parliamentary Privilege Act 2014 principal Act OIC LI 2021/251 2021-10-28 Parliamentary Privilege Act 2014 Part brought into force by LI 2021/251
16: New subpart 6 of Part 4 inserted (Evidence of parliamentary journals)
In Part 4, after subpart 5
6: Evidence of parliamentary journals
31A: Copies of parliamentary journals to be evidence
1: This section applies to copies of the Journals of the Legislative Council or the House of Representatives of New Zealand that purport to be printed by the Government Printer or published under the House’s authority.
2: All courts and all persons acting judicially must admit those copies as evidence of the matters stated in them, without further proof that they were so printed or published. 2012 No 119 s 19
3: Amendments to Legislation Act 2019 for centralised publication requirements
17: Amendments to Legislation Act 2019
Amend the Legislation Act 2019 Schedule 2 2026-03-24 Legislation Act 2019 May be brought into force earlier by OIC — see s 2(1)(b). Note commencement section 2(1)(b)(ii) has now been updated by the Secondary Legislation Act 2021 (section 6(2)). amend notes has been changed to reflect new date by new wording in s 2(1)(b)(ii) (Doreen 7/4/21)


Te Ture Haeata ki Parihaka 2019

1: Te taitara/Title
Ko tēnei ture, ko Te Ture Haeata ki Parihaka 2019. This Act is the Parihaka Reconciliation Act 2019.
2: Te tīmatanga/Commencement
Ka mana tēnei Ture hei te rā ka whai i muri atu i te rangi ka whakaaetia te Ture nei e te Upoko Ariki o Niu Tireni. This Act comes into force on the day after the date on which it receives the Royal assent.
3: Te whakahāngaitanga/Interpretation
I roto i tēnei Ture, māna ka tohu kē mai te horopaki ka tika,— ko te haeata ko te Parihaka Papakāinga Trust
a: nō te tau 2011 i rēhitatia hei tarati atawhai;
b: nō te 29 o Paengawhāwhā 2018 i whakatūria hoki hei tarati tūmataiti mā te puka tarati ko Te Kawenata ō Rongo In this Act, unless the context otherwise requires,— haeata Parihaka Papakāinga Trust
a: registered as a charitable trust in 2011; and
b: established as a private trust by trust deed dated 29 April 2018 Te Kawenata ō Rongo
4: Te aronga/Purpose
Te Kawenata ō Rongo me tēnei Ture
1: Ko te aronga o tēnei Ture he whakaū i ngā herenga i whakapuakina e te Karauna me ngā tāngata o Parihaka i He Puanga Haeata, arā, ko te hui hohou i te rongo, pērā ki ērā i whakapūmautia i roto i Te Kawenata ō Rongo.
2: Hei whakatutuki i tērā, mā tēnei Ture e whakapūmau ngā take e whai ake nei pērā ki ērā i whakapūmautia i roto i Te Kawenata ō Rongo:
a: ko te Whakapāha i tukuna e te Karauna i He Puanga Haeata ki ngā tāngata o Parihaka o mua, o nāianei hoki, mō ngā mahi a te Karauna i mua rā anō:
b: ko te Tauākī Tikanga Tuku Iho hoki i pānuitia atu i He Puanga Haeata, e whakarāpopoto ana i ngā takenga o te hapori me ōna mātāpono, e whakamārama ana hoki i tōna hītori, e whakatakoto ana hoki i ōna wawata haere ake nei.
3: Ka whakatau hoki te Ture he whakamarumaru ā-ture mō te ingoa o Parihaka kia kaua e whakamahia hei mea arumoni, māna ko tōna whakamahinga—
a: he mea whakaae e ngā kaitarati o te Parihaka Papakāinga Trust i raro i te wehenga 6(1)
b: ka whai wāhi rānei i roto i ngā hāungatanga o te wehenga 6(2) Te Kawenata ō Rongo and this Act
1: The purpose of this Act is to confirm the commitments made by the Crown and the people of Parihaka at He Puanga Haeata, the ceremony of reconciliation, as recorded in Te Kawenata ō Rongo.
2: To that end, this Act records the following matters as they are recorded in Te Kawenata ō Rongo:
a: the Apology given at He Puanga Haeata by the Crown to the people of Parihaka, past and present, for the historical actions of the Crown; and
b: the Legacy Statement proclaimed at He Puanga Haeata summarising the origins of the community and its principles, describing its history, and setting out its aspirations for the future.
3: The Act also provides statutory protection for the name Parihaka against commercial use, unless the use—
a: is authorised by the trustees of the Parihaka Papakāinga Trust under section 6(1)
b: comes within the exceptions of section 6(2)
5: Te kōrero whakamāhuki/Background
Ngā Ture o Mua i whakamahia hei patu i a Parihaka
1: Ka horaina hoki ki tēnei wehenga aua Ture Pāremata nā reira i ngana ai te Karauna ki te urupatu i tā Parihaka ātetetanga mō te ngaronga o ō rātou whenua tipu. Nā aua Ture i whakakaha ake ai te Karauna ki te whakatārewa i te rere tika o te ture, ā, i mauheretia roatia te hunga mautohe nō Parihaka me te whakawā kore. Ko te hua o tēnei, neke atu i te 400 ngā tāngata mautohe i mauheretia hei mauhere tōrangapū, ā, ka whiua rātou, ko te hapori whānui o Parihaka hoki me ō rātou uri ki ngā whiunga take-koretanga tae noa ki nāianei. Ko ngā Ture e whai ake nei he mea takahi i ngā mātāpono o te tika me te pono, i whakaeo hoki i ngā mōtika tangata waiwai o ngā tāngata o Parihaka, ā, i āhei ai te Karauna ki te whakatutuki i tana pāhua tūroa ki te hapori o Parihaka, ki a Ngāi Māori hoki nō Taranaki:
a: Maori Prisoners’ Trials Act 1879 (Te Ture Whakawā i ngā Herehere Māori) (i whakakorengia i te tau 1891), i whakamanatia ai te Kāwana kia whakarite, kia panoni rānei i te rā, i te wāhi rānei ka whakawāngia te hunga i herea mō ngā hara takahi i te waikanaetanga whānui mehemea ahakoa te take, he huanga ka puta
b: Confiscated Lands Inquiry and Maori Prisoners’ Trials Act 1879 (Te Ture Whakawā i ngā Whenua Raupatu, me ngā Herehere Māori) (i whakakorengia i te tau 1891), i whakakaha ake ai i te mana o te Kāwana kia panoni i te rā, i te wāhi rānei ka whakawāngia ngā mauhere Māori i whakatauria i roto i te Maori Prisoners’ Trials Act 1879:
c: Maori Prisoners Act 1880 (Te Ture mō ngā Herehere Māori) (i whakakorengia i te tau 1891), i whakapuaki ai ko te hunga ka herea, e tatari ana hoki kia whakawāngia, ka mauheretia tonutia rānei, ānō nei i whakarautia e ai ki te ture, i roto hoki i te mauheretanga ā-ture, kia noho tonu hoki ki taua mauheretanga ā-ture tonu me te whakawā kore:
d: Maori Prisoners Detention Act 1880 (Te Ture Pupuri i ngā Herehere Māori) (i whakakorengia i te tau 1891), i whakahāngai ai i te Maori Prisoners Act 1880 ki ngā tāngata Māori i mauheretia tonutia nō muri i te whakaturetanga o taua Ture:
e: West Coast Settlement (North Island) Act 1880 (Te Ture Whakatau mō te Tai Hauauru) (Aotearoa) (i whakakorengia i te tau 1902), e tika ana, e pai ana rānei kia mau tonu te waikanaetanga whānui, mā te—
i: whakapuaki he hara ngā mahi pērā i te tango tīrau rūri, i te parau whenua, i te whakatū taiapa rānei, e 2 tau te roa o te mauheretanga hei whiunga (me te whakarīrā, te whakarīrā kore rānei);
ii: āhei hoki kia mauhere, me te wārati kore, i ngā tāngata ka mahi hara pērā, i reira i te wā ka mahia ngā hara pērā, i whakapaetia noatia rānei tērā pea e mahi ai i ngā hara pērā:
f: West Coast Peace Preservation Act 1882 (Te Ture Whakapūmau i te Rangimarire o te Tai Hauauru) (i whakakorengia i te tau 1891), i whakatau ai kāore a Tohu Kākahi rāua ko Te Whiti o Rongomai e whakawāngia mō te hara i hāmenetia ai rāua, kia āhei tā te Kāwana mauhere tonu i a rāua ki tētahi wāhi e pai ana ki a ia, kia tuku i a rāua, ā, kia mauhere anō i a rāua:
g: Indemnity Act 1882 (i whakakorengia i te tau 1902) i whakamarumaru ai i ia tangata i mahi i ētahi mahi motuhake i raro i te mana o te Kāwanatanga o Niu Tireni, pērā ki ērā he inati rawa te mahi i tā te ture i tohu ai Ko ētahi atu take ka whai wāhi i roto i Te Kawenata ō Rongo
2: Ka whai wāhi hoki i roto i Te Kawenata ō Rongo ko ētahi whakaaetanga nā Parihaka me te Karauna, mā te Karauna—
a: e whakatū tētahi rūnanga kōrero mō Parihaka me te Karauna (arā, ko te Rūnanga
b: e hou atu hoki ki roto i Te Huanga o Rongo, arā, he whakaaetanga piringa me Parihaka;
c: whakarite hoki tētahi Tahua mō Parihaka. Past Acts used against Parihaka
1: This section records those Acts of Parliament under which the Crown attempted to destroy Parihaka’s resistance to the loss of their traditional lands. The Crown, empowered by those Acts, suspended the ordinary course of law and detained Parihaka protestors for long periods without trial. As a result, more than 400 protestors were held as political prisoners, and unwarranted hardships were inflicted on them, the broader Parihaka community, and their descendants to the present day. The following Acts breached natural justice, deprived the people of Parihaka of basic human rights, and enabled the Crown to complete its dispossession of the Parihaka community and other Taranaki Māori:
a: the Maori Prisoners’ Trials Act 1879 (repealed 1891), which empowered the Governor to set or change the date or place of the trials of those committed for offences against the public order if for any reason it is expedient
b: the Confiscated Lands Inquiry and Maori Prisoners’ Trials Act 1879 (repealed 1891), which extended the Governor’s power to change the date or place of the trials of the Māori prisoners provided for in the Maori Prisoners’ Trials Act 1879:
c: the Maori Prisoners Act 1880 (repealed 1891), which declared that those committed and awaiting trial or detained in custody were deemed to have been lawfully arrested and in lawful custody and could continue to be lawfully detained without trial:
d: the Maori Prisoners Detention Act 1880 (repealed 1891), which applied the Maori Prisoners Act 1880 to Māori detained after that Act was passed:
e: the West Coast Settlement (North Island) Act 1880
i: declared activities such as the removal of survey pegs, ploughing, or erecting fences to be offences punishable by up to 2 years’ imprisonment (with or without hard labour); and
ii: enabled the arrest without warrant of persons who committed such offences, were present when such offences were committed, or were reasonably suspected of being about to commit such offences:
f: the West Coast Peace Preservation Act 1882 (repealed 1891), which provided that neither Tohu Kākahi nor Te Whiti o Rongomai would be tried for the offence they had been charged with, enabled the Governor to keep them in custody at any place he saw fit, to release them, and re-arrest them:
g: the Indemnity Act 1882 (repealed 1902) indemnified every person who had carried out certain measures under the authority of the Government of New Zealand, some of which may have been in excess of legal powers Other matters included in Te Kawenata ō Rongo
2: Also included in Te Kawenata ō Rongo are agreements by Parihaka and the Crown that the Crown will—
a: establish a Parihaka–Crown Leaders’ Forum (the Forum
b: enter into Te Huanga o Rongo, a relationship agreement, with Parihaka; and
c: set up a Parihaka Fund.
6: Te whakamaru ingoa/Protection of name
1: Me kaua rawa tētahi tangata, hāunga ko tētahi kua tuku i tētahi tono ā-tuhi ki ngā kaitarati o te Parihaka Papakāinga Trust (arā, ko ngā kaitarati
a: e mahi kia whakatūria, kia rēhitatia rānei tētahi hinonga manatōpū, tētahi hinonga manatōpū-kore rānei i raro i tētahi ingoa, i tētahi taitara rānei, i tētahi tauira rānei, i tētahi tautapanga rānei kei reira te ingoa o Parihaka:
b: tētahi rānei o ēnei e whai ake nei ahakoa te momo, kia mahia e ai ki ngā tikanga pono i roto i ngā kaupapa arumoni, i ngā kaupapa ahumahi rānei hei tohu mai i te wāhi noho o te hinonga, te pakihi rānei, te ahumahi rānei, te tūranga mahi rānei, te rawa rānei, te ratonga rānei:
c: e whakaatu, e whakakite, e whakamahi kē rānei ki tētahi pakihi, ki tētahi ahumahi rānei, ki tētahi tūranga mahi rānei i tētahi ingoa, i tētahi taitara, i tētahi tauira, i tētahi tautapanga rānei kei reira te ingoa o Parihaka, e pā ana ki ngā rawa arumoni, ratonga arumoni rānei.
2: Kāore te wehenga iti (1)
a: te tangata e whakamahi ana i te ingoa mō ngā mahi auaha, kaupapa mātauranga rānei, kōrero hītori rānei e motuhēhē ana te aronga;
b: tētahi rānei o ēnei e whai ake nei ahakoa te momo, kia mahia e ai ki ngā tikanga pono i roto i ngā kaupapa arumoni, i ngā kaupapa ahumahi rānei hei tohu mai i te wāhi noho o te hinonga, te pakihi rānei, te ahumahi rānei, te tūranga mahi rānei, te rawa rānei, te ratonga rānei:
i: he hinonga manatōpū rānei, he hinonga manatōpū-kore rānei kei Parihaka, tōna tata rānei:
ii: he pakihi, he ahumahi rānei, he tūranga mahi rānei kei Parihaka, tōna tata rānei:
iii: he rawa, he ratonga rānei ka whakaputaina, ka ratoa rānei i Parihaka, tōna tata rānei.
3: Ka hāngai te wehenga iti (1) wehenga iti (1)(a) ki te (c)
4: Ka hāngai te wehenga iti (5) wehenga iti (1)
5: Ka āhei ngā kaitarati ki te tāwhi i te whakaaetanga ka tonoa mehemea mā te whakamahinga e whakaitingia ai te ingoa o Parihaka.
6: Ki te whakaaroaro ngā kaitarati kei te whakamahia te ingoa o Parihaka me te hāngai-kore ki te wehenga iti (1), (3) rānei
a: whakamahi i tētahi tukanga ā-ture e hāngai ana ki te whakahē i te whakamahinga o te ingoa;
b: tuku hoki i te whakamōhiotanga ā-tuhi ki te tangata—
i: e kī ana kei te whakamahia te ingoa o Parihaka me te hāngai-kore ki te wehenga iti (1), (3) rānei
ii: e tono ana hoki i te tangata kia mutu rawa te whakamahi tonu i te ingoa kia pērā;
c: tuku hoki i tētahi tono ki te kōti mō—
i: tētahi whakapuakitanga kei te hāngai-kore ki te wehenga iti (1), (3) kōwae (b)
ii: tētahi whakahau i te tangata kia mutu rawa te whakamahi pērā i te ingoa.
7: I roto i tēnei wehenga, ko Parihaka
1: No person may, unless they have made a written request to the trustees of the Parihaka Papakāinga Trust (the trustees
a: cause an incorporated or unincorporated body to be formed or registered under any name, title, style, or designation that includes the name Parihaka:
b: carry on trade activities under any name, title, style, or designation that includes the name Parihaka:
c: in relation to any commercial goods or services, display, exhibit, or otherwise use in any business, trade, or occupation, a name, title, style, or designation that includes the name Parihaka.
2: Subsection (1)
a: any person using the name for genuine creative, educational, or historical purposes; or
b: any of the following, if carried out in accordance with honest practices in commercial or industrial matters to indicate the geographic location of the body, business, trade, occupation, product, or service:
i: an incorporated or unincorporated body located at or near Parihaka:
ii: a business, trade, or occupation located at or near Parihaka:
iii: goods or services produced or provided at or near Parihaka.
3: Subsection (1) subsection (1)(a) to (c)
4: Subsection (5) subsection (1)
5: The trustees may withhold the requested authorisation if the proposed use would demean the name Parihaka.
6: If the trustees consider that the name Parihaka is being used in a manner contrary to subsection (1) or (3)
a: use any relevant statutory process to object to the use of the name; and
b: give written notice to any person—
i: stating that the name Parihaka is being used in a manner contrary to subsection (1) or (3)
ii: requesting that person to cease further use of the name in that manner; and
c: apply to a court for—
i: a declaration that the use of the name Parihaka by the person to whom notice was given under paragraph (b) subsection (1) or (3)
ii: an order that the person cease the relevant use of the name.
7: In this section, Parihaka
7: Te Whakapāha a te Karauna ki a Parihaka/Apology of the Crown to Parihaka
Ko te Whakapāha a te Karauna i tukuna ki a Parihaka ka whakapūmautia i roto i Te Kawenata ō Rongo ki te Āpitihanga 1 The Apology given by the Crown to Parihaka, as recorded in Te Kawenata ō Rongo, is set out in Schedule 1
8: Ka herea te Karauna e te Ture/Act binds the Crown
Ka herea te Karauna e tēnei Ture. This Act binds the Crown. Nō mua, ināianei, ā muri ake nei hoki
9: Tauākī Tikanga Tuku Iho/Legacy Statement
1: Ko te Tauākī Tikanga Tuku Iho o Parihaka ka whakapūmautia i roto i Te Kawenata ō Rongo ki te Āpitihanga 2
2: Ko te whakaputanga reo Ingarihi o te Tauākī Tikanga Tuku iho nei ehara i te whakapākehātanga ā-kupu engari ka whakaata i te hōhonutanga o ngā kōrero i te reo Māori.
3: Ka whakamahia ngā tuhituhi tītaha
1: The Legacy Statement of Parihaka, as recorded in Te Kawenata ō Rongo, is set out in Schedule 2
2: The English version is not a literal translation, but reflects the deeper meaning of the te reo Māori text.
3: Italics


1: Title
This Act is the Climate Change Response (Zero Carbon) Amendment Act 2019.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Climate Change Response Act 2002 principal Act 2019-11-14 Climate Change Response Act 2002
1: Climate Change Commission, emission reduction, and adaptation
4: Section 3 amended (Purpose)
Before section 3(1)(a)
aa: provide a framework by which New Zealand can develop and implement clear and stable climate change policies that—
i: contribute to the global effort under the Paris Agreement to limit the global average temperature increase to 1.5° Celsius above pre-industrial levels; and
ii: allow New Zealand to prepare for, and adapt to, the effects of climate change:
5: Section 3A amended (Treaty of Waitangi (Te Tiriti o Waitangi))
After section 3A(a)
ab: with respect to section 5G
ac: with respect to section 5H
ad: with respect to sections 5ZG and 5ZI
ae: with respect to section 5ZS
6: Section 4 amended (Interpretation)
1: In section 4(1) 2050 target section 5Q biogenic methane Climate Change Commission Commission section 5A emissions budget emissions budget period section 5X(3) emissions reduction plan sections 5ZG to 5ZI gross emissions net accounting emissions
a: removals, including from land use, land-use change, and forestry (as reported in the New Zealand Greenhouse Gas Inventory); and
b: offshore mitigation New Zealand Greenhouse Gas Inventory offshore mitigation
a: that originate from outside New Zealand; and
b: that are expressed as a quantity of carbon dioxide equivalent; and
c: that are robustly accounted for to ensure that, among other things, double counting is avoided; and
d: that either—
i: represent an actual additional, measurable, and verifiable reduction or removal of an amount of carbon dioxide equivalent; or
ii: are an emissions trading scheme allowance that triggers the reduction of carbon dioxide equivalent Paris Agreement publicly available
2: In section 4(1) emissions emissions
a: in relation to Parts 1A and 1B
b: in relation to an activity listed in Schedule 3 or 4, means carbon dioxide equivalent emissions of greenhouse gases from the activity
3: In section 4(1) removals removals
a: in relation to a removal activity, means carbon dioxide equivalent greenhouse gases that are, as a result of the removal activity,—
i: removed from the atmosphere; or
ii: not released into the atmosphere; or
iii: a reduction from emissions reported in—
A: New Zealand’s annual inventory report under section 32 as required under the Convention or Protocol for any year; or
B: any emissions report from New Zealand under a successor international agreement; and
b: in Part 1B
7: New section 4A inserted (Transitional, savings, and related provisions)
After section 4
4A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
8: New Parts 1A to 1C inserted
After section 5
1A: Climate Change Commission
1: Establishment and appointments
5A: Climate Change Commission established
The Climate Change Commission is established.
5B: Purposes of Commission
The purposes of the Commission are—
a: to provide independent, expert advice to the Government on mitigating climate change (including through reducing emissions of greenhouse gases) and adapting to the effects of climate change; and
b: to monitor and review the Government’s progress towards its emissions reduction and adaptation goals.
5C: Commission is Crown entity
1: The Commission is a Crown entity for the purposes of the Crown Entities Act 2004.
2: The Crown Entities Act 2004 applies to, and in relation to, the Commission except to the extent that this Act expressly provides otherwise.
5D: Membership of Commission
1: The Commission consists of—
a: a Chairperson:
b: a Deputy Chairperson:
c: 5 other members.
2: The members of the Commission are a board for the purposes of the Crown Entities Act 2004.
5E: Process for appointment of members of Commission
1: The Minister may recommend to the Governor-General that a person be appointed a member of the Commission if—
a: the person has been nominated by the nominating committee; and
b: the Minister has had regard to the matters in section 5H
c: the Minister has consulted representatives of all political parties in Parliament.
2: The Minister may, at any time, recommend to the Governor-General that a current member of the Commission be appointed to the position of Chairperson or Deputy Chairperson of the Commission.
5F: Establishment and membership of nominating committee
1: The Minister must establish a committee to nominate candidates to the Minister for appointment as members of the Commission.
2: The nominating committee must comprise—
a: the Chairperson of the Commission; and
b: 4 or more other people who, in the opinion of the Minister, have the relevant skills or experience to identify suitably qualified candidates.
3: If the position of Chairperson is vacant, the nominating committee must comprise 5 or more people who, in the opinion of the Minister, have the relevant skills or experience to identify suitably qualified candidates.
5G: Role of nominating committee
1: On request of the Minister, the nominating committee must nominate 1 or more people who, in the opinion of the committee, are suitably qualified to be appointed to be members of the Commission.
2: Before nominating a person for appointment, the nominating committee must—
a: publicly call for expressions of interest in being appointed; and
b: consult any person or group who may have an interest in being a member of the Commission, including—
i: iwi and Māori representative organisations; and
ii: any person or group that the Minister has identified as having an interest.
5H: Matters Minister must have regard to before recommending appointment of member of Commission
1: Before recommending the appointment of a member of the Commission, the Minister must have regard to the need for the Commission to have members who, collectively, have—
a: an understanding of climate change mitigation and adaptation, including the likely effects of any responses to climate change; and
b: experience working in or with local and central government; and
c: knowledge of the process by which public and regulatory policy is formed and given effect to; and
d: technical and professional skills, experience, and expertise in, and an understanding of innovative approaches relevant to,—
i: the environmental, ecological, social, economic, and distributional effects of climate change and climate change policy interventions; and
ii: the Treaty of Waitangi (Te Tiriti o Waitangi) and te ao Māori (including tikanga Māori, te reo Māori, mātauranga Māori, and Māori economic activity); and
iii: a range of sectors and industries, at regional and local levels.
2: In this section,— mātauranga Māori te ao Māori te reo Māori tikanga Māori
5I: Members’ term of office
In recommending the appointment of a member of the Commission, the Minister must recommend a term of office that ensures that no more than 2 members have their terms of office expire in any calendar year.
2: Commission’s functions, duties, and powers
5J: Commission’s functions
The functions of the Commission are—
a: to review the 2050 target and, if necessary, recommend changes to the target ( see sections 5R to 5T
b: to provide advice to the Minister to enable the preparation of emissions budgets ( see section 5ZA
c: to recommend any necessary amendments to emissions budgets ( see section 5ZE
d: to provide advice to the Minister about the quantity of emissions that may be banked or borrowed between 2 adjacent emissions budget periods ( see section 5ZF
e: to provide advice to the Minister to enable the preparation of an emissions reduction plan ( see section 5ZH
f: to monitor and report on progress towards meeting emissions budgets and the 2050 target ( see sections 5ZJ to 5ZL
g: to prepare national climate change risk assessments ( see section 5ZQ
h: to prepare reports on the implementation of the national adaptation plan ( see section 5ZU
i: to provide other reports requested by the Minister ( see section 5K
5K: Reports to Government
1: The Minister may, at any time, request that the Commission prepare reports to the Government on matters related to reducing emissions of greenhouse gases and adapting to the effects of climate change.
2: Before making a request, the Minister must consult the Commission about the terms of reference for the requested report, which may, without limitation, specify—
a: the scope of the report; and
b: requirements concerning consultation; and
c: matters relating to the Commission working jointly with other agencies (including overseas agencies) concerned with the subject matter of the report; and
d: the date by which the Commission must submit its report to the Minister.
3: On receiving a request from the Minister, the Commission must,—
a: as soon as practicable, make the terms of reference publicly available; and
b: prepare a report in accordance with the terms of reference; and
c: provide the report to the Minister.
5L: Tabling and publication of Commission’s reports
1: This section applies in respect of a document (such as advice, a report, a recommendation, or an assessment) provided to the Minister by the Commission under this Act.
2: The Minister must present a copy of the document to the House of Representatives by the later of—
a: 10 working days after the document is provided to the Minister; and
b: if Parliament is not in session during the 10 working days after the document is provided to the Minister, as soon as practicable after the commencement of the next session of Parliament.
3: The Commission must make the document publicly available as soon as practicable after it is presented to the House of Representatives, but no later than 20 working days after providing it to the Minister (even if the document has not been presented to the House by that date).
5M: Matters Commission must consider
In performing its functions and duties and exercising its powers under this Act, the Commission must consider, where relevant,—
a: current available scientific knowledge; and
b: existing technology and anticipated technological developments, including the costs and benefits of early adoption of these in New Zealand; and
c: the likely economic effects; and
d: social, cultural, environmental, and ecological circumstances, including differences between sectors and regions; and
e: the distribution of benefits, costs, and risks between generations; and
f: the Crown-Māori relationship, te ao Māori (as defined in section 5H(2)
g: responses to climate change taken or planned by parties to the Paris Agreement or to the Convention.
5N: Consultation
1: In performing its functions and duties and exercising its powers under this Act, the Commission must—
a: proactively engage with persons the Commission considers relevant to the functions, duties, and powers; and
b: where the Commission considers it is necessary, provide for participation by the public.
2: The Commission may—
a: publish and invite submissions on discussion papers and draft reports; and
b: undertake any other type of consultation that it considers necessary for the performance of its functions and duties under this Act.
5O: Commission must act independently
1: The Commission must act independently in performing its functions and duties and exercising its powers under this Act.
2: However, the Minister may direct the Commission to have regard to Government policy for the purposes of the Commission—
a: recommending unit supply settings of the New Zealand emissions trading scheme; and
b: providing advice about New Zealand’s nationally determined contributions under the Paris Agreement (in a report requested under section 5K
5P: Obligation to maintain confidentiality
1: The Commission must keep confidential all information that is disclosed to it under section 99(2)(b)(iiib)
2: The Commission must not disclose the information, except—
a: with the consent of the person to whom the information relates or of the person to whom the information is confidential; or
b: to the extent that the information is already in the public domain; or
c: for the purposes of, or in connection with, reporting requirements of the Public Finance Act 1989; or
d: as provided under this Act or any other Act; or
e: 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.
3: A person who knowingly fails to comply with this section commits an offence under section 130.
1B: Emission reduction
1: 2050 target
5Q: Target for 2050
1: The target for emissions reduction (the 2050 target
a: net accounting emissions of greenhouse gases in a calendar year, other than biogenic methane, are zero by the calendar year beginning on 1 January 2050 and for each subsequent calendar year; and
b: 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.
2: The 2050 target will be met if emissions reductions meet or exceed those required by the target.
3: In this section, 2017 emissions
5R: Review of inclusion of emissions from international shipping and aviation in 2050 target
The Commission must, no later than 31 December 2024, provide written advice to the Minister on whether the 2050 target should be amended to include emissions from international shipping and aviation (and, if so, how the target should be amended).
5S: Other 2050 target reviews
1: The Commission must review the 2050 target—
a: when preparing advice under section 5ZA
b: at any other time the Minister requests a review.
2: The Commission must advise the Minister in writing of the outcome of any review, including any recommendations made in accordance with section 5T
a: at the same time as giving advice to the Minister on setting an emissions budget (in the case of a review required under subsection (1)(a)
b: as soon as practicable following completion of the review (in the case of a review requested by the Minister).
5T: Recommendations to amend 2050 target
1: As a result of a review under section 5S
a: the time frame for achievement of the 2050 target (or part of the target):
b: the levels of emission reductions required by the 2050 target (or part of the target):
c: the greenhouse gases, emissions, and removals to which the 2050 target (or part of the target) applies:
d: how the 2050 target (or part of the target) may be met, including limits on removals and offshore mitigation.
2: The Commission may recommend a change to the 2050 target only if—
a: significant change has occurred, or is likely to occur, since the commencement of this section to 1 or more of the following, as they relate to climate change:
i: global action:
ii: scientific understanding of climate change:
iii: New Zealand’s economic or fiscal circumstances:
iv: New Zealand’s obligations under relevant international agreements:
v: technological developments:
vi: distributional impacts:
vii: equity implications (including generational equity):
viii: the principal risks and uncertainties associated with emissions reductions and removals:
ix: social, cultural, environmental, and ecological circumstances; and
b: the Commission is satisfied that the significant change justifies the change to the target.
5U: Government response to target review recommendations
1: Within 12 months after receiving a recommendation to amend the 2050 target under section 5R or 5T
2: The response must include reasons for any departure from the Commission’s recommendation.
3: The Minister must make the response publicly available and present a copy to the House of Representatives as soon as practicable, but no later than 10 working days after it has been provided to the Commission.
2: Setting emissions budgets
5V: Interpretation
In this subpart and subparts 3 and 4 advice banked section 5ZF(1) borrowed section 5ZF(3)
5W: Purpose of this subpart
The purpose of this subpart and subparts 3 and 4
a: with a view to meeting the 2050 target and contributing to the global effort under the Paris Agreement to limit the global average temperature increase to 1.5° Celsius above pre-industrial levels; and
b: in a way that allows those budgets to be met domestically; and
c: that provides greater predictability for all those affected, including households, businesses, and investors, by giving advance information on the emissions reductions and removals that will be required.
5X: Duty of Minister to set emissions budgets and ensure they are met
1: The Minister must set an emissions budget for each emissions budget period in accordance with this subpart.
2: From 31 December 2021, there must be 3 consecutive emissions budgets, 1 current and 2 prospective, in place at any one time.
3: An emissions budget must be set and notified in the Gazette section 5ZD
a: for the emissions budget period 2022 to 2025, by 31 December 2021:
b: for the emissions budget period 2026 to 2030, by 31 December 2021:
c: for the emissions budget period 2031 to 2035, by 31 December 2021:
d: for the emissions budget period 2036 to 2040, by 31 December 2025:
e: for the emissions budget period 2041 to 2045, by 31 December 2030:
f: for the emissions budget period 2046 to 2050, by 31 December 2035:
g: for any subsequent emissions budget period, by 31 December not less than 10 years before that emissions budget period commences.
4: The Minister must ensure that the net accounting emissions do not exceed the emissions budget for the relevant emissions budget period.
5Y: Contents of emissions budgets
1: Each emissions budget must state the total emissions that will be permitted for the relevant emissions budget period, expressed as a net quantity of carbon dioxide equivalent.
2: Each emissions budget must include all greenhouse gases.
5Z: How emissions budgets are to be met
1: Emissions budgets must be met, as far as possible, through domestic emissions reductions and domestic removals.
2: However, offshore mitigation may be used if there has been a significant change of circumstance—
a: that affects the considerations on which the relevant emissions budget was based; and
b: that affects the ability to meet the relevant emissions budget domestically.
3: Role of Commission to advise on emissions budgets
5ZA: Commission to advise Minister
1: The Commission must advise the Minister on the following matters relevant to setting an emissions budget:
a: the recommended quantity of emissions that will be permitted in each emissions budget period; and
b: the rules that will apply to measure progress towards meeting emissions budgets and the 2050 target; and
c: how the emissions budgets, and ultimately the 2050 target, may realistically be met, including by pricing and policy methods; and
d: the proportions of an emissions budget that will be met by domestic emissions reductions and domestic removals, and the amount by which emissions of each greenhouse gas should be reduced to meet the relevant emissions budget and the 2050 target; and
e: the appropriate limit on offshore mitigation that may be used to meet an emissions budget, and an explanation of the circumstances that justify the use of offshore mitigation ( see section 5Z
2: In preparing advice for the Minister under subsection (1) section 5ZC
3: Before the Commission provides advice to the Minister on an emissions budget, it must—
a: make the proposed advice publicly available and invite comments on that advice; and
b: allow adequate time and opportunity for any submissions to be received, heard, and considered by the Commission.
4: The Commission must provide its advice to the Minister,—
a: in the case of the first 3 emissions budgets, not later than 1 February 2021:
b: in the case of all subsequent emissions budgets, at least 12 months before an emissions budget must be notified under section 5ZD
5ZB: Minister’s response to Commission
1: Before the Minister sets an emissions budget, the Minister must be satisfied that there has been adequate consultation.
2: If the Minister is not satisfied that there has been adequate consultation, the Minister must—
a: make the proposed emissions budget publicly available; and
b: allow adequate time and opportunity for any submissions to be received, heard, and considered by the Minister.
3: At the time when the Minister sets and notifies an emissions budget under section 5ZD section 5X(3)
a: responds to the advice received from the Commission; and
b: includes a proposed emissions budget for the relevant emissions budget period; and
c: is presented to the House of Representatives and made publicly available.
4: If the proposed emissions budget departs from the advice of the Commission, the Minister must—
a: decide whether it is necessary to further consult persons likely to have an interest in the emissions budget; and
b: explain the reasons for any departures from the Commission’s advice in the response provided under subsection (3)
5ZC: Matters relevant to advising on, and setting, emissions budgets
1: This section applies to—
a: the Commission, when it is preparing advice for the Minister under section 5ZA
b: the Minister, when the Minister is determining an emissions budget.
2: The Commission and the Minister must—
a: have particular regard to how the emissions budget and 2050 target may realistically be met, including consideration of—
i: the key opportunities for emissions reductions and removals in New Zealand; and
ii: the principal risks and uncertainties associated with emissions reductions and removals; and
b: have regard to the following matters:
i: the emission and removal of greenhouse gases projected for the emissions budget period:
ii: a broad range of domestic and international scientific advice:
iii: existing technology and anticipated technological developments, including the costs and benefits of early adoption of these in New Zealand:
iv: the need for emissions budgets that are ambitious but likely to be technically and economically achievable:
v: the results of public consultation on an emissions budget:
vi: the likely impact of actions taken to achieve an emissions budget and the 2050 target, including on the ability to adapt to climate change:
vii: the distribution of those impacts across the regions and communities of New Zealand, and from generation to generation:
viii: economic circumstances and the likely impact of the Minister’s decision on taxation, public spending, and public borrowing:
ix: the implications, or potential implications, of land-use change for communities:
x: responses to climate change taken or planned by parties to the Paris Agreement or to the Convention:
xi: New Zealand’s relevant obligations under international agreements.
5ZD: Publication of emissions budgets
1: Before an emissions budget is notified in the Gazette
2: When an emissions budget has been finalised by the Minister in accordance with this subpart, the emissions budget must be—
a: notified in the Gazette
b: presented by the Minister to the House of Representatives; and
c: made publicly available at the direction of the Minister.
3: A Gazette Revision of emissions budgets
5ZE: When emissions budgets may be revised
Notified emissions budgets
1: The Commission may, when providing advice and recommendations on a future emissions budget under section 5ZA section 5ZD
a: there have been methodological improvements to the way that emissions are measured and reported; or
b: 1 or more significant changes have affected the considerations listed in section 5ZC(2)
2: At any time the 2050 target is revised, the Commission may provide advice recommending that the relevant emissions budgets be revised to reflect the change in the 2050 target.
3: An emissions budget notified under section 5ZD Minister’s determination
4: After receiving advice from the Commission, the Minister must determine whether to revise an emissions budget.
5: The Minister must—
a: take into account—
i: the Commission’s advice; and
ii: the matters set out in section 5ZC(2)
b: follow the procedure set out in sections 5ZB and 5ZD
6: However, the Minister must not revise an emissions budget—
a: after an emissions budget period has begun, unless the circumstances are exceptional; or
b: after the end of the emissions budget period to which it relates; or
c: in any way other than that required if any of the circumstances described in subsection (1) or (2)
7: If the Minister determines to revise an emissions budget, the Minister must present to the House of Representatives an explanation of the reasons for revising the original emissions budget, having regard to—
a: the matters described in subsection (1)(a) and (b)
b: the prohibition on revising an emissions budget ( see subsection (6) see subsection (6)(a) Banking and borrowing
5ZF: Power to bank or borrow
Banking
1: If the total emissions in an emissions budget period are lower than the emissions budget for that period, the excess reduction may be carried forward to the next emissions budget period ( banked
2: Banking provides that the emissions budget for the next emissions budget period will be increased by the amount carried forward. Borrowing
3: If the total emissions in an emissions budget period are greater than the emissions budget for that emissions budget period, an amount from the next emissions budget may be carried back to the preceding emissions budget period ( borrowed
4: Borrowing provides that the emissions budget for the next emissions budget period will be reduced by the amount carried back.
5: The amount carried back under subsection (3)
6: The Minister must decide whether to bank or borrow, and must determine the extent to which banking or borrowing is permitted.
7: Before the Minister makes a decision under subsection (6)
a: the Commission must, in its report on an emissions budget period, provide advice on the quantity of emissions that may be banked or borrowed between 2 adjacent emissions budget periods; and
b: the Minister must have regard to that advice. Emissions reduction plan to be prepared
5ZG: Requirement for emissions reduction plan
1: The Minister must prepare and make publicly available a plan setting out the policies and strategies for meeting the next emissions budget, and may include policies and strategies for meeting emissions budgets that have been notified under section 5ZD section 5X(3)
2: The plan must be prepared and published—
a: after the relevant emissions budget has been notified under section 5ZD
b: before the commencement of the relevant emissions budget period.
3: The plan must include—
a: sector-specific policies to reduce emissions and increase removals; and
b: a multi-sector strategy to meet emissions budgets and improve the ability of those sectors to adapt to the effects of climate change; and
c: a strategy to mitigate the impacts that reducing emissions and increasing removals will have on employees and employers, regions, iwi and Māori, and wider communities, including the funding for any mitigation action; and
d: any other policies or strategies that the Minister considers necessary.
5ZH: Commission to advise on emissions reduction plans
1: Not later than 24 months before the beginning of an emissions budget period, the Commission must provide to the Minister advice on the direction of the policy required in the emissions reduction plan for that emissions budget period.
2: Despite subsection (1)
3: In preparing its advice, the Commission must apply section 5ZC(2)
5ZI: Minister to prepare and make emissions reduction plan publicly available
1: In preparing a plan and supporting policies and strategies for an emissions budget period, the Minister must—
a: consider the advice received from the Commission under section 5ZH
b: ensure that the consultation has been adequate, including with sector representatives, affected communities, and iwi and Māori, and undertake further consultation as the Minister considers necessary.
2: Before the relevant emissions budget period commences, the Minister must publish in the Gazette
3: The Minister may, at any time, amend the plan and supporting policies and strategies to maintain their currency,—
a: using the same process as required for preparing the plan; or
b: in the case of a minor or technical change, without repeating the process used for preparing the plan.
4: The Minister must—
a: make an emissions reduction plan publicly available 12 months before the commencement of a budget period; and
b: present a copy of each emissions reduction plan to the House of Representatives.
4: Monitoring
5ZJ: Commission to monitor progress towards meeting emissions budgets
1: The Commission must regularly monitor and report on progress towards meeting an emissions budget and the 2050 target in accordance with sections 5ZK and 5ZL
2: The Commission must carry out its monitoring function in accordance with the rules referred to in section 5ZA(1)(b)
5ZK: Commission to report annually on results of monitoring
1: The Commission must prepare an annual report that includes, for the most recent year of the emissions budget period for which data is available from the New Zealand Greenhouse Gas Inventory,—
a: measured emissions; and
b: measured removals.
2: The report must also include—
a: the latest projections for current and future emissions and removals; and
b: an assessment of the adequacy of the emissions reduction plan and progress in its implementation, including any new opportunities to reduce emissions.
3: Not later than 3 months after the publication of a New Zealand Greenhouse Gas Inventory report, the Commission must provide its annual report prepared under subsection (1)
4: Not later than 3 months after receiving the Commission’s annual report under subsection (3)
a: sets out the Minister’s response to the Commission’s report and recommendations; and
b: describes the progress made in implementing the current emissions reduction plan; and
c: notes any amendments to that plan.
5ZL: Commission to report at end of emissions budget period
1: Not later than 2 years after the end of an emissions budget period, the Commission must prepare a report for the Minister evaluating the progress made in that emissions budget period towards meeting the emissions budget in the next emissions budget period, including—
a: an evaluation of how well the emissions reduction plan has contributed to that progress; and
b: recommendations on any banking and borrowing that would be appropriate; and
c: an assessment of the amount of offshore mitigation required to meet the emissions budget for the period to which the report relates, subject to the limit proposed by the Commission under section 5ZA(1)(e)
2: The Minister must present a report to the House of Representatives setting out the Minister’s response to the Commission’s report—
a: not later than 3 months after receiving the Commission’s report; or
b: if Parliament is not in session, as soon as practicable after the commencement of the next session of Parliament.
3: The Minister’s response to the Commission’s report must—
a: provide reasons for any failure to meet the relevant emissions budget and for any departures from the Commission’s recommendations; and
b: be made publicly available.
5: Effect of 2050 target and emissions budgets
5ZM: Effect of failure to meet 2050 target and emissions budgets
1: No remedy or relief is available for failure to meet the 2050 target or an emissions budget, and the 2050 target and emissions budgets are not enforceable in a court of law, except as set out in this section.
2: If the 2050 target or an emissions budget is not met, a court may make a declaration to that effect, together with an award of costs.
3: If a declaration is made and becomes final after all appeals or rights of appeal expire or are disposed of, the Minister must, as soon as practicable, present to the House of Representatives a document that—
a: brings the declaration to the attention of the House of Representatives; and
b: contains advice on the Government’s response to the declaration.
5ZN: 2050 target and emissions budget are permissive considerations
If they think fit, a person or body may, in exercising or performing a public function, power, or duty conferred on that person or body by or under law, take into account—
a: the 2050 target; or
b: an emissions budget; or
c: an emissions reduction plan.
5ZO: Guidance for departments
1: The responsible Minister may issue guidance for departments on how to take the 2050 target or an emissions budget into account in the performance of their functions, powers, and duties (or classes of those functions, powers, and duties).
2: The responsible Minister must, as soon as practicable after issuing the guidance, make it publicly available.
1C: Adaptation
National climate change risk assessment
5ZP: National climate change risk assessment
1: A national climate change risk assessment must—
a: assess the risks to New Zealand’s economy, society, environment, and ecology from the current and future effects of climate change; and
b: identify the most significant risks to New Zealand, based on the nature of the risks, their severity, and the need for co-ordinated steps to respond to those risks in the next 6-year period.
2: Sections 5L and 5ZQ
3: Section 5ZR
5ZQ: Preparation of national climate change risk assessment
1: The Commission must, no later than 6 years after the date on which the most recent national climate change risk assessment was made publicly available,—
a: provide the next national climate change risk assessment to the Minister; and
b: make that assessment publicly available.
2: At the same time as making a national climate change risk assessment publicly available (in compliance with subsection (1)(b) section 5L(3)
3: In preparing a national climate change risk assessment, the Commission must take into account the following:
a: economic, social, health, environmental, ecological, and cultural effects of climate change:
b: the distribution of the effects of climate change across society, taking particular account of vulnerable groups or sectors:
c: New Zealand’s relevant obligations under international agreements:
d: how the assessment aligns or links with any other relevant national risk assessments produced by central government entities:
e: current effects and likely future effects of climate change:
f: any information received as a result of requests made under section 5ZW
g: scientific and technical advice.
4: The Commission may also take into account—
a: opportunities arising for New Zealand’s economy, society, and environment as a result of the effects of climate change; and
b: any other factor that it thinks is relevant or appropriate.
5ZR: Minister must prepare first national climate change risk assessment
1: The Minister must, no later than 1 year after the commencement of this Part,—
a: prepare the first national climate change risk assessment; and
b: present the assessment to the House of Representatives; and
c: make the assessment and any evidence commissioned to support its preparation publicly available.
2: Section 5ZQ(3) and (4) National adaptation plan
5ZS: National adaptation plan
1: In response to each national climate change risk assessment, the Minister must prepare a national adaptation plan.
2: A national adaptation plan must set out—
a: the Government’s objectives for adapting to the effects of climate change; and
b: the Government’s strategies, policies, and proposals for meeting those objectives; and
c: the time frames for implementing the strategies, policies, and proposals; and
d: how the matters in paragraphs (a) to (c)
e: the measures and indicators that will enable regular monitoring of and reporting on the implementation of the strategies, policies, and proposals.
3: A national adaptation plan may include any other matter that the Minister considers relevant.
4: In preparing a national adaptation plan, the Minister must take into account the following:
a: economic, social, health, environmental, ecological, and cultural effects of climate change, including effects on iwi and Māori:
b: the distribution of the effects of climate change across society, taking particular account of vulnerable groups or sectors:
c: New Zealand’s relevant obligations under international agreements:
d: any information received as a result of requests made under section 5ZW
e: any relevant advice or reports received from the Commission:
f: the ability of communities or organisations to undertake adaptation action, including how any action may be funded:
g: scientific and technical advice.
5: The Minister may also take into account any other matter that the Minister thinks is relevant or appropriate.
6: In preparing a national adaptation plan, the Minister must undertake public consultation on the draft plan.
5ZT: National adaptation plan must be presented to Parliament and made publicly available
1: The Minister must, no later than 2 years after the date on which the most recent national climate change risk assessment is made publicly available,—
a: present the national adaptation plan to the House of Representatives; and
b: make the national adaptation plan publicly available.
2: The Minister may make minor or technical changes to a national adaptation plan and must make any new version publicly available (but need not present the new version to the House of Representatives). Progress reports
5ZU: Progress reports on national adaptation plan
1: For each national adaptation plan, the Commission must provide the Minister with a progress report that evaluates the implementation of the adaptation plan and its effectiveness—
a: 2 years after the adaptation plan is made publicly available; and
b: 4 years after the adaptation plan is made publicly available; and
c: 6 years after the adaptation plan is made publicly available.
2: Each progress report must include—
a: an assessment of the progress made towards implementing the strategies, policies, and proposals included in the plan; and
b: an assessment of the degree to which the objectives of the plan have been achieved and how well the plan responds to the most significant risks posed by climate change; and
c: an identification of any known barriers to the implementation and effectiveness of the current plan, including recommendations for how those barriers might be addressed or overcome in future; and
d: any other relevant matters required to support the report.
3: The Commission is not required to provide the Minister with a progress report if the date for providing the report to the Minister under subsection (1)
5ZV: Minister must respond to progress report
The Minister must, no later than 6 months after the date on which the Minister receives a progress report,—
a: respond in writing to the progress report; and
b: make the response publicly available and present it to the House of Representatives. Power to request provision of information
5ZW: Minister or Commission may request certain organisations to provide information on climate change adaptation
1: The Minister or the Commission may, in writing, request that a reporting organisation provide all or any of the following information:
a: a description of the organisation’s governance in relation to the risks of, and opportunities arising from, climate change:
b: a description of the actual and potential effects of the risks and opportunities on the organisation’s business, strategy, and financial planning:
c: a description of the processes that the organisation uses to identify, assess, and manage the risks:
d: a description of the metrics and targets used to assess and manage the risks and opportunities, including, if relevant, time frames and progress:
e: any matters specified in regulations.
2: The reporting organisation must comply with a request made under subsection (1)
3: The Minister must, as soon as practicable, provide the Commission with a copy of any information received in response to a request made by the Minister.
4: The Commission must, as soon as practicable, provide the Minister with a copy of any information received in response to a request made by the Commission.
5: The Minister and the Commission must not publicly disclose any information received in response to a request, unless disclosure of the information is necessary to enable the Minister or the Commission to perform a function or duty imposed by this Part.
6: Subsection (5)
7: Before publicly disclosing any information received in response to a request, the Minister or Commission must consult with the person to whom the information relates.
8: For the purposes of this section and section 5ZX reporting organisations
a: the Public Service, as defined in section 27 of the State Sector Act 1988:
b: local authorities, as defined in section 5(1) of the Local Government Act 2002:
c: council-controlled organisations, as defined in section 6(1) of the Local Government Act 2002:
d: Crown entities, as defined in section 7(1) of the Crown Entities Act 2004, but excluding school boards of trustees:
e: companies listed in Schedule 4A of the Public Finance Act 1989:
f: organisations listed in Schedule 1 of the State-Owned Enterprises Act 1986:
g: lifeline utilities listed in Schedule 1 of the Civil Defence Emergency Management Act 2002:
h: the New Zealand Police:
i: the New Zealand Defence Force.
5ZX: Regulations relating to requiring provision of information
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations specifying all or any of the following:
a: requirements that relate to information that is provided in response to a request under section 5ZW(1)
b: a date by which or time within which requested information must be provided to the Minister:
c: ongoing or recurring reporting requirements (for example, requiring the provision of further information at regular intervals following a request):
d: any administrative matters relating to responses to requests.
2: In preparing the regulations, the Minister must consider—
a: the ability to tailor a request to reflect the size and capability of the reporting organisation; and
b: the potential extent and significance of climate change effects on the functions of the reporting organisation; and
c: the avoidance of unnecessary duplication of information provided within existing reporting frameworks.
3: Before recommending the making of the regulations, the Minister must consult the Commission and the reporting organisations that the Minister considers may be affected by the proposed regulations.
9: New Schedule 1AA inserted
Insert the Schedule 1AA Schedule 1
2: Consequential amendments
10: Section 99 amended (Obligation to maintain confidentiality)
1: In section 99(2)(b) may must
2: After section 99(2)(b)(iiia)
iiib: to the Climate Change Commission for the purpose of assisting the Commission to perform its functions and duties and exercise its powers under this Act; or
11: Sections 224 and 225 repealed
Repeal sections 224 225
12: Amendments to other enactments
Amend the enactments specified in Schedule 2 2019-11-14 Crown Entities Act 2004 Ombudsmen Act 1975 Remuneration Authority Act 1977
13: Notice revoked
The Climate Change Response (2050 Emissions Target) Notice 2011 Gazette