Appendix 1: Draft Fishing Allocation Plan
Draft for Consultation

Climate Change (Fishing Allocation Plan) Order 2010

Governor-General

Order in Council

At Wellington this day of 2010

Present: in Council

Pursuant to sections 70 and 74 ofthe ClimateChange ResponseAct 2002, His Excellency the Governor-General, acting on the recommendation of the Minister for Climate Change Issues and on the advice and with the consent of the Executive Council, makes the following order.

Contents

  1. Title
  2. Commencement
  3. Allocation plan issued

Schedule
Fishing allocation plan

Order

  1. Title
    This order is the Climate Change (Fishing Allocation Plan) Order 2010.
  2. Commencement
    This order comes into force on 15 June 2010.
  3. Allocation plan issued
    The fishing allocation plan set out in the Schedule is issued.

Schedule Fishing allocation plan

  1. Title This allocation plan is the fishing allocation plan.
  2. Commencement
    As provided for in section 70(3) of the Act, this allocation plan comes into force on the day after the date on which it is presented to the House of Representatives.
  3. Interpretation Inthisallocationplan,unless the context other wise requires, —
    Act means the Climate Change Response Act 2002
    eligible person means a person who was shown in the quota register kep tunder Part 8 of the Fisheries Act 1996 as an owner of a fishing quota on 24 September 2009
    unique identifier, in relation to an eligible person, means the unique identifier assigned to that person under the Fisheries Act 1996.
  4. Requirements for provision of data and information
    1. To receive an allocation of New Zealand units under this allocation plan, an eligible person must provide the following information:
      1. the eligible person’s name, as it appeared, on 24 September 2009, in the quota register kept under Part 8 of the Fisheries Act 1996; and
      2. the eligible person’s holding account number in the New Zealand Emission Unit Register; and
      3. the eligible person’s unique identifier; and
      4. any other evidence necessary to establish that the eligible person is eligible to receive an allocation of New Zealand units under this allocation plan.
    2. The information provided under subclause (1) must be accompanied by a signed declaration that—
      1. all of the information that has been provided is true and correct to the best of the eligible person’s knowledge and belief; and
      2. the eligible person has received notification from the Registrar that a holding account for the eligible person is open; and
      3. if the declaration is signed by a person other than the eligible person, the person making the declaration is authorised to make the declaration on behalf of the eligible person.
  5. Allocation of New Zealand units

    An eligible person who complies with clause 4 is entitled under this allocation plan to an allocation of New Zealand units calculated in accordance with the formula set out in section 74(2)(c) of the Act, namely— P = A × (B + C)/(D + E)
    where—

    • P is the eligible person’s allocation entitlement under the fishing allocation plan
    • A is 700 000 New Zealand units
    • B is the total quota weight equivalent (expressed in kilo grams) of stocks, other than Foveaux Strait dredge oysters, owned by the eligible person on the close of 24 September 2009
    • C is the total quota weight equivalent (expressed as a number of oysters) of Foveaux Strait dredge oyster stock owned by the eligible person on the close of 24 September 2009 divided by 9.8
    • D is the sum of the total allow able commercial catch (expressed in kilograms) of stocks, other than Foveaux Strait dredge oysters (excluding any quota shown in the quota register kept under Part 8 of the Fisheries Act 1996 as being owned by the Crown), on the close of 24 September 2009
    • E is the sum of the total allowable commercial catch (expressed as a number of oysters) of the Foveaux Strait dredge oyster stock (excluding any quota shown in the quota register kept under Part 8 of the Fisheries Act 1996 as being owned by the Crown) on the close of 24 September 2009 divided by 9.8.
  6. Rounding
    A number that results from a calculation made under clause 5 must be rounded to the nearest whole number as follows:
    1. an amount of less than 0.5 must be rounded down:
    2. an amount of 0.5 or more must be rounded up.
  7. Record-keeping requirements
    An eligible person to whom New Zealand units are allocated under this allocation plan must retain, for a minimum of 7 years from the date on which the units are transferred to the person, copies of all information submitted by the person with the application for an allocation under this allocation plan.

Clerk of the Executive Council.

Explanatoy note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 15 June 2010, issues a fishing allocation plan under section 70(1) of the Climate Change Response Act 2002. Under section 70(3) of that Act, the allocation plan comes into force on the day after the date it is presented to the House of Representatives.

Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: This order is administered by the Ministry for the Environment.

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Cover: Climate Change (Fishing Allocation Plan) Order 2010

Climate Change (FishingAllocation
Plan) Order 2010

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