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| New Zealand Climate Change Response (Zero Carbon) Amendment Act 2019 | |
|---|---|
| Name | New Zealand Climate Change Response (Zero Carbon) Amendment Act 2019 |
| Enacted by | New Zealand Parliament |
| Date enacted | 2019 |
| Status | current |
New Zealand Climate Change Response (Zero Carbon) Amendment Act 2019 is a landmark statute enacted by the New Zealand Parliament in 2019 to amend the New Zealand Climate Change Response Act 2002. The Act establishes a framework for long-term greenhouse gas mitigation and adaptation policy, aligning statutory targets with international commitments such as the Paris Agreement. It created institutional mechanisms intended to guide Aotearoa New Zealand toward net-zero emissions while addressing resilience for sectors exposed to climate risks.
The Act emerged after sustained advocacy by groups including Environmental Defence Society, Greenpeace New Zealand, and 350.org and following reports by the Intergovernmental Panel on Climate Change and the Royal Society Te Apārangi. Legislative momentum accelerated after the 2017 general election and the formation of the coalition involving Jacinda Ardern's Labour Party and confidence-and-supply partners such as New Zealand First and the Green Party of Aotearoa New Zealand. Key parliamentary stages involved debates in the New Zealand House of Representatives, select committee review by the Environment Committee, and amendments influenced by submissions from the BusinessNZ and the Federation of Māori Authorities. The bill’s passage intersected with contemporaneous initiatives by international actors including the European Union and bilateral discussions with Australia.
Major provisions restructure the New Zealand Climate Change Response Act 2002 framework: statutory long-term emissions goals, five-year emissions budgets, and the creation of advisory and oversight bodies. The Act mandates emissions reduction targets for carbon dioxide and sets separate treatment for gases such as methane. It embeds principles relevant to the Treaty of Waitangi through engagement requirements with Māori entities, including Te Puni Kōkiri and iwi authorities like Ngāi Tahu and Ngāti Whātua. The statute specifies reporting duties for ministers including the Minister for Climate Change and requires coordination with sectoral agencies such as the Ministry for the Environment (New Zealand) and the Ministry of Business, Innovation and Employment.
The Act sets a net-zero target for majority greenhouse gases by 2050 while creating a differentiated pathway for short-lived gases, notably setting a non-net-zero reduction approach for methane from livestock, informed by science from institutions such as Manaaki Whenua – Landcare Research and National Institute of Water and Atmospheric Research. It requires the government to propose five-year national emissions budgets, constrained by the independent advice of a statutory body, and aligns budget cycles with reporting under the Paris Agreement and the United Nations Framework Convention on Climate Change. The Act allows the New Zealand Emissions Trading Scheme to interact with budget accounting and international units under oversight mechanisms influenced by actors like the Climate Change Commission.
The Act established the independent Climate Change Commission (New Zealand) to provide evidence-based advice, carbon budgets, and monitoring functions, drawing expertise analogous to bodies like the UK Committee on Climate Change. The commission’s remit includes submitting recommendations to the Prime Minister of New Zealand and relevant ministers, and scrutinising national progress through statutory reports. Administrative responsibilities fall to agencies including the Ministry for the Environment (New Zealand) and the Treasury (New Zealand), with stakeholder engagement mandated involving organisations such as Federated Farmers, BusinessNZ, and regional authorities like the Auckland Council.
Implementation has involved cross-sectoral policies in energy, transport, agriculture, and forestry. The Act has informed policies by entities such as Transpower New Zealand, Waka Kotahi NZ Transport Agency, and the Electricity Authority (New Zealand), while influencing initiatives by Crown Research Institutes including Scion and AgResearch. Measures include incentives for renewable generation, support for afforestation through the Forestry sector, and research into methane mitigation technologies supported by the Ministry of Business, Innovation and Employment. Subnational action by councils like the Wellington City Council and Christchurch City Council has aligned local adaptation plans with national budgets.
The Act prompted legal interest from parties including farming organisations and iwi groups, with litigation and judicial review considerations drawing attention from the High Court of New Zealand and commentary by jurists. Politically, it was contested across the spectrum by parties such as the National Party (New Zealand), ACT New Zealand, and the NZ First caucus at various points, shaping amendments on methane and budget flexibility. International actors including the United Nations and the International Monetary Fund noted the statute as a policy signal, while domestic actors such as BusinessNZ and Environmental Defence Society continued policy advocacy and monitoring.
Impact assessments by research institutes including Victoria University of Wellington’s Institute for Governance and Policy Studies and the University of Otago highlight progress in institutionalising climate governance but note challenges in aligning sectoral emissions pathways. Criticisms target perceived leniency on agricultural methane reduction advocated by groups like Beef + Lamb New Zealand and contested by environmental NGOs, and concerns about the interaction with the New Zealand Emissions Trading Scheme raised by economists. Indigenous stakeholders, including representatives of Ngāi Tahu and Te Rūnanga o Ngāi Tahu, have both welcomed engagement requirements and urged stronger recognition of kaitiakitanga principles. International commentators compare the Act to frameworks in jurisdictions such as the United Kingdom, European Union, and Canada while noting unique agricultural and forestry contexts in Aotearoa New Zealand.
Category:Climate change legislation in New Zealand