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Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Bill (Consistent) [2024] NZBORARp 44 (23 May 2024)

Last Updated: 28 June 2024

23 May 2024

LEGAL ADVICE

LPA 01 01 24

Hon Judith Collins KC, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Bill

1. We have considered whether the Climate Change Response (Emissions Trading Scheme Agricultural Obligations) Amendment Bill (the Bill) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act).
2. The Bill removes agricultural activities from the emissions trading scheme by amending the Climate Change Response Act 2002 (the Act). It removes reference to agricultural activities throughout the Act, leaving only industrial activities subject to the emissions trading scheme.
3. The Bill provides for those who had already registered under the emissions trading scheme for agricultural activities to no longer be subject to the Act and requires that the Environmental Protection Authority removes those participants from the scheme’s register within 6 months. The Bill also revokes two pieces of secondary legislation related to agricultural obligations under the emissions trading scheme.
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Edrick Child

Acting Chief Legal Counsel Office of Legal Counsel