Draft for consultation:
Climate Change (General Exemptions) Amendment Order (No 2) 2010

“3 Interpretation

• In this order, unless the context otherwise requires,—

  “Act means the Climate Change Response Act 2002

  “in New Zealand temporarily, in relation to goods, means goods whose presence in New Zealand does not exceed a continuous period of 180 days

  “motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

  “passing through New Zealand, in relation to an aircraft or a ship, means an aircraft or a ship—

  • “on a journey from a foreign port to a foreign port; and

  • “whose presence in New Zealand does not exceed a continuous period of 180 days, whether or not the aircraft or ship is engaged in moving passengers or cargo between ports in New Zealand during that period”.

“13 Exemption for activity of importing sulphur hexafluoride and for activity of importing hydro flurocarbons and per fluorocarbons

• A person who carries out the activity (listed in subpart 2 of Part 4 of Schedule 3 of the Act) of importing sulphur hexafluoride, including sulphur hexafluoride contained in goods, or of importing hydro flurocarbons or per fluorocarbons, including hydro flurocarbons or per fluorocarbons contained in goods, is exempt as a participant in respect of the importation of sulphur hexafluoride or of hydro fluorocarbons or per fluorocarbons in—

  • “an aircraft or a ship—

    • “with sulphur hexafluoride, any hydro flurocarbons, or any per fluorocarbons contained in any refrigeration system, air conditioning system, or other system—

      • “that is integrated with or into the aircraft or ship; or

      • “that relies on the aircraft or ship for its power; and

    • “that—

      • “is passing through New Zealand; or

      • “is in New Zealand for the purpose of repairing the aircraft or ship; or

      • “is part of the armed forces of a State other than New Zealand; or

      • “is registered in New Zealand; or

      • “is owned by a New Zealand person:

  • “motor vehicles with sulphur hexafluoride, any hydro flurocarbons, or any per fluorocarbons contained in any system integrated into or powered by the motor vehicles if the total tonnage of emissions from the motor vehicles imported in a year does not exceed the threshold set out in the Schedule to this order:

  • “any other goods that—

    • “are not unloaded in New Zealand and are destined for a port outside of New Zealand; or

    • “are in New Zealand temporarily; or

    • “are, if the person is an individual, for the individual's personal, domestic, or household use or consumption; or

    • “contain sulphur hexafluoride, any hydro flurocarbons, or any per fluorocarbons owing solely to the use of sulphur hexafluoride, any hydro flurocarbons, or any per fluorocarbons to manufacture the goods (for example, insulation foam).

  Despite anything in subclause (1), subclause (1)(a)(ii)(D) and subclause (1)(a)(ii)(E) do not apply to an aircraft or ship the first time it arrives in New Zealand.”

cl 13

Importing motor vehicles with sulphur hexafluoride, any hydro flurocarbons, or any per fluorocarbons contained in any system integrated into or powered by the motor vehicles

100 tonnes of carbon dioxide equivalent emissions during the year of importation, as calculated in accordance with the Climate Change (Stationary Energy and Industrial Processes) Regulations 2009