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Industrial allocation request to the Climate Change
Commission
1. This briefing seeks your approval of the attached letter to the Climate Change
Commission (attachment 1). The letter asks the Commission to examine eight industrial
activities and to make recommendations on adjustments to their industrial allocation
phase out rates for the second emissions budget period.
2. This work is a next step from our briefing
Outcomes of Industrial Allocation Data
Collection and Other Matters (BRF-4433 refers, 17 May 2024), where you directed
officials to provide you with a briefing in June seeking your approval to refer specific
industrial activities to the Commission.
3. The adjusting of phase out rates allows you to reduce, and potentially remove,
allocations to industry. While the recent data collection process did not allow the
resetting of eligibility, increasing phase out rates could have the same effect. There is no
upper limit on phase out rates.
4. Industrial allocation is recognised as an expense to the Crown and increases the ETS
liability. Additionally, industrial allocation reduces the units available for auctions.
5. Overallocation occurs where the Crown incurs costs that are greater than necessary to
reduce the risk of emissions leakage from particular industrial activities. This briefing
starts a process for potentially reducing industrial allocation costs by up to $70 million
per year.
6. Industrial allocation assistance rates were fixed at 90 percent and 60 percent until 2021.
The phase out of industrial allocation started in 2021 at a rate of 1 percentage point per
year until 2030. The Climate Change Response Act 2002 allows the Minister to make
regulations to increase that phase out rate for one or more industries. The Minister must
consider the recommendations of the Climate Change Commission (among other
matters) before recommending the making of regulations for that purpose.
7. Phase out rates can only be adjusted after the Commission has made
recommendations. If you decide to not send the letter to the Commission, the default
phase out rate will apply for the second budget period unless the budget is revised or the
Minister is satisfied that a significant change to specified matters has occurred.1
Selection of industrial activities
8. The following criteria were used to determine which industrial activities should be
reviewed:
• Quantity of allocation – only industrial activities that have significant allocation levels
were within scope due to the likely work effort in the review. We used 2022 data for
this assessment.
1 CCRA section 84C(3) lists matters that must be considered including: the proper functioning of the
ETS, the level of risk of emissions leakage, and the availability of low-emissions technology related to
the activity, amongst others.
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policies and their emissions intensities have generally not changed. We therefore do not
recommend that these major industrial activities are referred to the Commission for
review, meaning the standard phase out rate will continue to apply to their allocations.
Next steps
12. The letter in appendix 1 directs the Commission to report back to the Minister by the end
of November 2024. Officials would then undertake a similar review process and consult
on possible changes over 2025. Final decisions would be sought at the end of 2025.
13. This review might create uncertainty for firms in the specified activities. We recommend
you write to the firms that provided data reassuring them that this is the start of an 18-
month review process and all factors will be considered by the Commission and the
Government before final decisions are made. A draft letter is attached as appendix 3. A
list of the firms that carry out the industrial activities is in in appendix 4. Back-pocket
questions and answers would be provided to your office before the letters to firms are
sent.
14. We understand the Commission may seek your views on the relative priority of this work
within its resourcing constraints in a catch-up meeting on 25 June. You may wish to
delay your decisions until after that discussion, noting the time pressures to complete the
work for any regulatory change by the end of next year.
Related workstreams – Alternatives to IA
15. Several industrial allocation work programmes are progressing at the same time. The
most relevant to the phase out review is interagency work on alternatives to industrial
allocation. Officials will provide a progress report to Ministers by the end of July.
16. The alternatives to industrial allocation work was initiated at the request of the former
Minister of Revenue. It is led by the Inland Revenue Department and the Treasury and
has focussed on the cement sector. A promising, though difficult to implement,
alternative to industrial allocation is a carbon border adjustment mechanism (CBAM).
The EU applies a CBAM to imports of cement, steel, methanol, aluminium, and urea and
many other emissions intensive products. Australia has progressed a detailed
assessment of the feasibility of an Australian CBAM, due for finalisation by 30
September 2024.
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Recommendations
We recommend that you:
a.
Agree to refer the following eligible industrial activities to the Climate Change
Commission for the purpose of a review of the phase out rate of industrial allocation:
i.
The production of burnt lime
Yes | No
ii.
The production of cartonboard
Yes | No
iii.
The production of market pulp
Yes | No
iv.
The production of reconstituted wood products
Yes | No
v.
The production of fresh capsicums
Yes | No
vi.
The production of fresh cucumbers
Yes | No
vii.
The production of cut roses
Yes | No
viii.
The production of fresh tomatoes
Yes | No
b.
Approve the draft letter to the Climate Change Commission Yes | No
c.
Approve the draft letter to firms on the review of phase out rates Yes | No
Signatures
Mark Vink
General Manager
Markets, Climate Change Mitigation and Resource Efficiency
Date
Hon Simon WATTS
Minister of Climate Change
Date
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Appendix 1: Draft letter to the Climate Change Commission
Dr Rod Carr
Chair of the Climate Change Commission | He Pou a Rangi
By email:
[email address]
[XX] June 2024
Tēnā koe Rod,
I am writing to request a report from the Climate Change Commission on the adjustment of
phase out rates for specific eligible industrial activities.
I make this request under s5ZOB of the Climate Change Response Act 2002, which provides
for the Minister of Climate Change to request the Commission to consider and recommend
whether an increased phase out rate should be set for one or more eligible industrial
activities for an emissions budget period.
Eligible Industrial Activities to be examined
Officials have consulted with your staff to select industrial activities to be examined.
I am requesting the Commission examine and recommend adjustments to the default phase
out rates of industrial allocation to producers of:
• Burnt lime
• Carton board
• Market pulp
• Reconstituted wood panels
• Fresh capsicums
• Fresh cucumbers
• Cut roses
• Fresh tomatoes
Next steps
I expect your advice to be delivered by 29 November 2024. My officials are available to
assist where appropriate.
Nāku noa, na,
Hon. Simon Watts
Minister of Climate Change
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Appendix 2 – summary table of industrial allocation data
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Appendix 3 – Draft Ministerial letter to firms that provided
data in specified industrial activities
Dear ____
Thank you for your participation in the Ministry for the Environment’s recent data collection
exercise for industrial allocation under the emissions trading scheme. The collection and
verification processes have been completed and I have received recommendations from
officials.
Industrial allocation to firms in eligible industrial activities is being phased out at 1 percentage
point per year until 2030. Section 5ZOB of the Climate Change Response Act 2002 allows
the Minister to refer one or more industrial activities to the Climate Change Commission for
advice on adjusting the default phase out rate.
I write to inform you that I have referred the following industrial activities to the Commission
for that purpose:
• The production of burnt lime
• The production of cartonboard
• The production of market pulp
• The production of reconstituted wood panels
• The production of fresh capsicums
• The production of fresh cucumbers
• The production of cut roses
• The production of fresh tomatoes
I have directed the Commission to report back to myself before the end of 2024. I must
consult affected people and consider the advice of the Commission before I can recommend
the making of regulations to adjust phase out rates. This process will take until the end of
2025 to complete.
My objective in referring these activities to the Commission is to ensure that the fiscal costs
of industrial allocation are matched against the risk of New Zealand production shifting
offshore because of differing climate change policies between countries. I acknowledge that
this process could lead to changes in allocation that have a significant impact on your
business. The process will ensure that you have the opportunity to provide feedback on the
Commission’s recommendations to ensure that al of the information is correctly
incorporated.
You can find more information regarding the review of industrial allocation on the Ministry for
the Environment website at this link: https://www.environment.govt.nz/data.
Yours sincerely
Hon Simon Watts
Minister of Climate Change
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Production of Fresh Tomatoes
J. S. Ewers Limited
P H Kinzett Limited
Karamea Tomatoes ltd
A1Toms Ltd
Hanna Hothouses Ltd
Lycopene Fresh Vegefruit Ltd
J&J Tomatoes
Pomoana Gardens Ltd
Ahns Farm
Kakanui Tomatoes Limited
Indus Agro Farms NZ Limited
Tiny Toms Limited
Vege Fresh Growers Ltd
Parkgard Growers 2000 Ltd
T&G Global Limited
Gourmet Mokai Limited
Dhindsa Farm Limited
Rosy Red Produce
Gourmet Paprika Limited
Castle Rock Orchard Ltd
NZ Fresh Floria Ltd
MJ Fresh Limited
New Sun Farm
F&B Abma trust
M K Bhoondpal LTD
Jai Shankar Growers Limited
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