Deforesting pre-1990 forest land without having to pay units

If your pre-1990 forest land mostly contains tree weeds, you can apply for the land to be made exempt. Tree weeds are self-seeding exotic forest species that are considered pests, such as wilding pines. Tree species must be in a pest management strategy under the Biosecurity Act 1993 or listed in Schedule 5 of the Climate Change (Forestry) Regulations 2022 to be considered weeds.

Forest species that are tree weeds – NZ Legislation

A tree weed exemption cannot apply to deforestation that's already happened. Land in the ETS is considered deforested when:

• it's cleared and the land use changes to something other than forestry, or
• it's been cleared for 4 years without replanting or regenerating.

How to apply for a tree weed exemption

To apply for an exemption, submit the exemption form. In the form, you must:

• list the relevant properties
• provide information about the species and location of the tree weeds.

Apply for a tree weed exemption – form [PDF, 516 KB]

Upload the form to the online system, Tupu-ake.

Access Tupu-ake – Forestry ETS online services

You must also attach a digital map that shows the area of land in your application. This is known as a "shapefile" and must meet the criteria in our geospatial mapping information standard. You or a consultant can create a shapefile. You can use an existing shapefile, as long as it meets the standard.

Find out more about mapping land in the ETS

Geospatial Mapping Information Standard – Emissions Trading Scheme (Forestry) [PDF, 425 KB]

Supplying evidence with your application

You must provide extra information if the land is:

• in an area defined in a national, regional, or district plan, or pest management strategy for tree weeds, or
• in or within 2km of an area with legally protected natural, landscape, cultural, or historic values, such as a conservation park, scenic reserve, or archaeological site.

You must supply the name of the area or the document in which it's defined. If it's a legally protected area, you must include the type and description of the area.

If any notice has been issued or action taken to require the tree weeds to be cleared, you must include a copy of it with your application.

Supplying other evidence that the pre-1990 forest land contains mostly tree weeds may help us to process your application. If you've already started clearing, the evidence should show that the trees you've cleared were tree weeds.

For example, you could supply:

• dated aerial imagery showing that it contained forest before 1990
• photos showing the tree weed species growing on the land, with date stamps and GPS data
• relevant sections of tree weed management plans
• abatement notices
• any other information that could affect the urgency of clearing the tree weeds.

Time limits for tree weed exemptions

If you are granted a tree weed exemption, you may deforest the pre-1990 forest land without paying units. This exemption only lasts for a limited amount of time.

From 1 January 2023, if you do not start clearing the tree weeds on your land within 5 years of receiving the exemption, Te Uru Rākau – New Zealand Forest Service may declare that the exemption no longer applies.

Once the exemption no longer applies, you're liable for the emissions from any further deforestation. If you deforest any more of the land, you must submit an emissions return and pay units. However, you may apply for a new exemption after the previous one ends. 

You may be able to get an exemption for deforesting an area of pre-1990 forest land if it:

• was Māori land or owned by 10 or more people on 1 September 2007
• was the whole area of land held under 1 record of title or equivalent document on 1 September 2007
• is less than 50 hectares, and
• became owned by trustees of a trust, or, in the case of Māori freehold land, had an agent appointed under Te Ture Whenua Māori Act 1993 with the power to apply for the exemption after 20 July 2010, or the date the land use changed from forestry to something else.

If you received units for the land under the pre-1990 Forest Land Allocation Plan, you're not eligible for this exemption.

How to apply for an exemption for Māori land, or land with 10 or more owners

To apply for an exemption, submit the application form.

Apply for an exemption from pre-1990 forest land deforestation liabilities (For some Māori land or land with 10 or more owners) [PDF, 296 KB]

Upload the form to the online system, Tupu-ake.

Access Tupu-ake – Forestry ETS online services

You must also attach a digital map that shows the area of land in your application. This is known as a "shapefile" and must meet the criteria in our geospatial mapping information standard. You or a consultant can create a shapefile. You can use an existing shapefile, as long as it meets the standard.

Find out more about mapping land in the ETS

Geospatial Mapping Information Standard – Emissions Trading Scheme (Forestry) [PDF, 425 KB]

Pre-1990 forest land may have been made exempt if it is less than 50 hectares. Applications for this exemption officially closed in 2011, but we still consider new submissions.

To apply for this exemption:

• you must not have received units for the land under the pre-1990 Forest Land Allocation Plan
• you and anyone else who owned the land on 1 September 2007 must have collectively owned less than 50 hectares of pre-1990 forest land at the time
• you must have owned the land on 20 July 2010, or on the date between 1 January 2008 and 20 July 2010 that it changed to a land use other than forestry.

How to apply for an exemption for deforesting less than 50 hectares of forest land

To apply for this exemption, submit the application form.

Apply for an exemption (landholdings less than 50 hectares) – form [PDF, 821 KB]

Upload the form to the online system, Tupu-ake.

Access Tupu-ake – Forestry ETS online services

You must attach a digital map that shows the area of land in your application. This is known as a "shapefile" and must meet the criteria in our geospatial mapping information standard. You or a consultant can create a shapefile. You can use an existing shapefile, as long as it meets the standard.

Find out more about mapping land in the ETS

Geospatial Mapping Information Standard – Emissions Trading Scheme (Forestry) [PDF, 425 KB]