The Minister of Climate Change issued Gazette notices calling for data from persons (firms) carrying out emission-intensive, trade-exposed (EITE) activities listed below.
The 2023 data collection process officially finished on 15 December 2023. Thank you to all firms who submitted data.
The Ministry is currently analysing the data submissions and will report back to the Minister of Climate Change by April this year on the outcomes.
Decisions will be sought on updating the Climate Change (Eligible Industrial Activities) Regulations 2010 later in 2024. We intend to provide an update on the new allocative baselines in Q3.
New regulations will apply to 2024 final allocations. We anticipate they will be in place by 1 January 2025. Eligibility of the current 26 EITE activities will not be updated.
For each EITE activity listed in the Gazette notices at the end of this page the Minister is calling for data on:
The data will be collected from the five financial years between 1 July 2016 and 30 June 2021.
To help smooth distortions due to COVID-19, firms will have the option to nominate data from either 2019/20 or 2020/21 to be disregarded from the allocative baseline calculations.
Section 161D of the Climate Change Response Act 2002 (the Act) [NZ Legislation website] enables the Minister of Climate Change to collect data from eligible firms to determine the emissions-intensity of an activity and the allocative baseline or baselines of the products of the activity.
Eligibility for industrial allocation and the quantity of units currently allocated per unit of EITE product is currently based on historical data from 2006-09.
Since then, changes to industry composition, business as usual improvements, and significant investments in fuel switching and other emissions improvements mean current allocation settings may not be representative of an activity’s national average emissions intensity.
The Climate Change Response (Late Payment Penalties and Industrial Allocation) Amendment Act 2023 amended the Act to allow the update of industrial allocation settings for EITE activities. This will enable the Government to update regulations for industrial allocation settings for activities where the current allocation settings are no longer representative of its national average emissions intensity.
The collected data will be used to calculate current emissions intensities and allocative baselines for each of the activities, based on the weighted average of all firms conducting each specific activity in New Zealand. This data collection exercise will not change existing decisions on eligibility.
To fulfil the obligations of the Gazette notices, firms undertaking any of the activities in the listed Gazette notices need to submit three types of forms.
Submitted data will be treated in confidence subject to the Official Information Act 1982 [NZ Legislation website].
Only firms performing the activities in the listed Gazette notices are subject to this data collection exercise.
Firms should check they meet:
Activity definitions can be found in the Climate Change (Eligible Industrial Activities) Regulations 2010 (reprint as at 16 April 2020) [NZ Legislation website] or in the relevant Gazette notice.
Firms are advised to use the Industrial allocation guide to data collection 2023 to correctly calculate emissions, revenue, and production data for this data collection exercise.
It is important that firms follow the guide throughout the process. The guide explains the data collection rules that are outlined in the Gazette notice and how to fill out the data forms.
Firms who undertake the twenty-six specified activities need to submit their forms within 45 working days of publication of the Gazette Notice.
If a firm fails to provide the data required under the Notice, the Minister for Climate Change may give further notice to provide information within 10 working days. Failure to comply may render that firm ineligible for an allocation, in accordance with section 161D(6) of the Act [NZ Legislation website]
There are also offences under the Act where a person:
Frequently asked questions from the drop-in sessions [PDF, 140 KB]
All data forms have been updated to version 3.
Clarification added on:
Updated some formulas in the Data Forms to correct calculated values and data validation checks.
Calculated values within the data forms are indicative only. All values will be re-calculated based on data provided after the forms are submitted.