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Towards an Effective Legal Framework for the Geo-Sequestration of Carbon Dioxide in New Zealand

2010
Scholarly Work
Greg Severinsen
International Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
Kyoto Protocol, New Zealand, EU Emissions Trading Scheme
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Summary/Abstract

This paper is designed to provide an overview of some of the most important legal challenges that the regulation of CCS poses in New Zealand. The paper begins by providing a brief background on the international and national instruments concerning climate change that have affected and continue to affect the development and viability of CCS, and technical aspects relevant to its establishment in New Zealand. It then explores whether existing legal regimes under the Crown Minerals Act 1991 (CMA) and Resource Management Act 1991 (RMA) are sufficient to regulate geo-sequestration, concluding that the current law has serious deficiencies. It goes on to explore the content of international responses to CCS, and is followed by a discussion of the suitable objectives of the new legislation that is required. Finally, the paper offers thoughts on the ideal form of new legislation, and comes to the unequivocal conclusion that a new, stand- alone Act is required in New Zealand.

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