Time frames for replanting after clearing before land is considered deforested
Deforestation has a specific meaning in the ETS. One of the ways forest land is considered deforested is if it fails to meet certain stocking and growth criteria 4, 10, and 20 years after the land is cleared.
Find out more about how the ETS defines deforestation
If land covered by ETS rules is considered deforested, you may be liable. When pre-1990 forest land is deforested without an exemption, the landowner must surrender units. If you are registered in the ETS with post-1989 forest land and the land is deforested, you must remove it from the ETS and surrender units.
About the replanting extensions
A law change on 4 September 2023 allows for more time to replant forest on land affected by Cyclones Hale or Gabrielle, or the flooding in Auckland in early 2023. This means that the land won't be considered deforested if re-establishment has been delayed by the weather.
Severe Weather Emergency Recovery (Climate Change – Forestry) Order (No 2) 2023 – NZ Legislation
To use this extension, you need to submit a statutory declaration. Information on submitting a statutory declaration is on this web page.
This extension applies to the re-establishment tests carried out at 4 and 10 years after clearing. It extends the date on which the criteria in these tests must be met by 3 years.
Find out what the stocking and growth thresholds are 4 and 10 years after clearing
Extension applies to the land in areas affected by severe weather
The extension to the time for re-establishing forest is available for both pre-1990 and post-1989 forest land within the directly affected areas. This applies to land within those areas that was significantly affected and would be considered deforested due to failing the 4 and 10 year criteria between 1 April 2023 and 31 December 2024. Significantly affected means that because of Cyclone Hale, Cyclone Gabrielle, or the Auckland flooding in early 2023, one or more of the following applies.
- The land was physically damaged, for example, by slips or silt deposits.
- Fences or other infrastructure needed to support re-establishment of the forest were damaged.
- Workers have been unable to access the land, or similar access issues (for example, damage to bridges).
- Young trees bought for planting were damaged.
- You were unable to buy young trees to plant due to stock shortages caused by the event.
- Planting or delivery of young trees was delayed.
List of directly affected areas
This means that if you harvested in September 2019 and planned to replant in May 2023 but planting was delayed, you now have until September 2026. In September 2026, your forest land must meet the criteria usually applied 4 years after clearing. Without the extension, the land would be considered deforested in September 2023.
More time to plant forest to offset the deforestation of pre-1990 forest land
If you are planting forest to offset the deforestation of pre-1990 forest land, this extension also applies to the "offset date". This is the date your offsetting forest needs to be established by to meet the offsetting requirements. You can get an extension for this date if:
- your approved offsetting land is within a directly affected area
- the land was significantly affected by Cyclone Hale, Cyclone Gabrielle, or the Auckland flooding in early 2023
- the offset date is between 1 April 2023 and 31 December 2024.
You must submit a statutory declaration to use this extension
If this extension is available for your land, you must submit a statutory declaration for it to apply. A statutory declaration is a formal document that you must complete in front of an authorised witness. In submitting this statutory declaration, you are making a legally binding declaration that your land meets the criteria for this extension to apply.
You must submit a statutory declaration before the extended date for re-establishing your forest. For example, if your forest land would be considered deforested because it doesn't meet the criteria for forest land 4 years after clearing, you must submit the statutory declaration before the date 7 years after clearing.
However, if you submit an emissions return for this land after the original date the 4 or 10 year criteria would apply but before the extended date, you must submit your statutory declaration before or on the day you submit the emissions return.
If you are offsetting the deforestation of pre-1990 forest land and able to use this extension for the offset date, you must submit the statutory declaration by the new offset date. However, if you submit your pre-1990 offsetting notice (known legally as a P90 release criteria notice) before this date, you must submit the statutory declaration on or before the day you submit the notice.
How to submit a statutory declaration
Use the relevant form to complete your notice and statutory declaration. Email your completed form to forestryets@mpi.govt.nz
Extension for re-establishing forest after severe weather events [PDF, 390 KB]
Extension for offsetting pre-1990 forest land after severe weather events [PDF, 367 KB]
District and city councils where extensions to deadlines apply
- Auckland Council
- Carterton District Council
- Central Hawke’s Bay District Council
- Far North District Council
- Gisborne District Council
- Hamilton City Council
- Hastings District Council
- Hauraki District Council
- Kaipara District Council
- Kawerau District Council
- Manawatu District Council
- Masterton District Council
- Matamata-Piako District Council
- Napier City Council
- Ōpōtiki District Council
- Ōtorohanga District Council
- Rangitikei District Council
- Rotorua District Council
- South Waikato District Council
- South Wairarapa District Council
- Tararua District Council
- Taupo District Council
- Tauranga City Council
- Thames-Coromandel District Council
- Waikato District Council
- Waipa District Council
- Wairoa District Council
- Waitomo District Council
- Western Bay of Plenty District Council
- Whakatane District Council
- Whangarei District Council
Map of directly affected areas [PDF, 2.4 MB]
