04.07.2023

ETS Scheme Consultation Commences

On 19 June 2023 the Government launched a consultation process around possible changes to New Zealand’s emissions trading scheme.  Our Forestry Team looks at key features.

Cyclones, flooding and other weather events brought forestry practices (and the associated environmental impacts) into sharp focus in early 2023. 

With the Government’s opening up of a review of the Emissions Trading Scheme (ETS), it seems attention on the forestry industry is set to remain for some time.

The purpose of the review is to assess whether the current settings of the ETS adequately incentivise emissions reductions, whilst also supporting carbon dioxide removal from the atmosphere through forestry.  Additionally, the review looks at proposals to redesign the ‘permanent forestry’ category within the ETS. 

The review is a consequence of 2021 advice on emissions budgets from He Pou a Rangi | Climate Change Commission, noting the importance of gross emissions reductions as linked to New Zealand’s contribution to the global efforts to address climate change through to 2050 and beyond.

ETS Scheme: Minor Changes or Major Overhaul?

The Government is proposing four options, which represent different degrees of change to the current ETS regime. The Government may also decide (depending on consultation feedback) to take an approach which combines various options.  The options proposed by the Government in discussion documents, are as follows:

Option 1 – Decrease the amount of emissions units so that the carbon price rises

This proposal involves using existing levers under the ETS Scheme such as auction volumes or price controls to artificially reduce the supply of New Zealand Units or NZUs (being the primary unit of carbon trade, with one NZU representing one metric tonne of carbon dioxide).  The Government has recognised that with more removals from activities like forestry the price of carbon would be likely to drop and so this option could be less likely to drive gross emissions reductions in the long term.

Option 2 – Increase the demand for emissions units by allowing the Government and/or overseas buyers to purchase them

The discussion document notes that this option is uncertain in terms of its possible effectiveness, as demand from overseas carbon markets is likely to be limited.

Option 3 – Restrictions or conditions are placed on removal activities

This means emitters will need to purchase more emissions units from the Government or draw from stockpiled emissions units. The discussion document notes that this option may encourage emitters to reduce their emissions, but it may not encourage new forests to be planted.

Option 4 – Creating separate incentives for gross emissions reductions and emissions removals 

This option envisages the creation of two NZ ETS markets, one for gross emissions and one for removals.  Emitters would only use NZUs from the Government for surrender obligations, with removal activities incentivised through a separate market.  This option would represent the most extreme overhaul of the ETS.

Permanent Forestry Category Redesign

A separate consultation document is released regarding a possible redesign of the permanent forestry category (which currently covers post-1989 forest which will not be clear-felled for 50 years).  At present, exotic or indigenous forests can be registered in the permanent forest category.  Options proposed under this consultation would restrict this category significantly, including only allowing indigenous forests or transitional forests to participate under this category of the ETS.

Next steps in Consultation

The ETS consultation closes on 11 August 2023.  Our Forestry Team will be following developments closely. 

If you would like further information about any of the matters discussed in this article please get in touch with our Forestry team or your usual contact at Hesketh Henry.

Disclaimer:  The information contained in this article is current at the date of publishing and is of a general nature.  It should be used as a guide only and not as a substitute for obtaining legal advice.  Specific legal advice should be sought where required.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Insurance Contract Law – Parliament finally gets to consider long-awaited reforms
In February 2022, the Ministry of Business, Innovation and Employment (MBIE) released an exposure draft of the Insurance Contracts Bill (MBIE’s Draft Bill) for public consultation and feedback.  MB...
24.04.2024 Posted in Insurance
Tower Troubles – Body Corporate 366567 (Harbour Oaks) v Auckland Council
Standing 40 storeys tall with 406 units, the Gore Street building in downtown Auckland (formerly known as “Harbour Oaks”) is presently the subject of New Zealand’s largest claim for residential ...
18.04.2024 Posted in Construction & Disputes
Construction Framework Wide BW
OIO Spotlight:  Government issues new directive on foreign investment for build-to-rent housing developments
Earlier this year, the coalition Government announced that it would be introducing a new streamlined consent pathway for build-to-rent developments by way of amendments to the Overseas Investment Act ...
16.04.2024 Posted in Business Advice & Property
Incorporated societies’ reregistration deadline – April 2026 may be closer than you think
The Incorporated Societies Act 2022 (2022 Act) came fully into force on 5 October 2023, meaning incorporated societies can now apply for reregistration under the 2022 Act.  Approximately 24,000 exist...
16.04.2024 Posted in Business Advice
iStock  Construction dpi
Call me? Care is required when calling on a bond
In the recent High Court decision Hawkins Ltd v Elizabeth Properties Ltd, Hawkins was successful in preventing EPL from calling on a $3m bond pending determination of a dispute principally over the ap...
10.04.2024
HH News NZS  Release
What You Need to Know About the New NZS3910:2023
The new NZS3910:2023 (conditions of contract for building and civil engineering construction) was released by Standards New Zealand in December 2024 (see our article here).  It is now gaining relevan...
10.04.2024 Posted in Construction
Money stack black and white
Income is classified as relationship property – surprised?
For all couples, embarking on the journey of building a life together involves not only love and commitment but also financial considerations.  As you navigate through shared finances, it’s imp...
26.03.2024 Posted in Private Wealth
SEND AN ENQUIRY
Send us an enquiry

For expert legal advice, please complete the form below or call us on (09) 375 8700.