Land Use Capability (LUC) class restrictions on post-1989 forest land
Some post-1989 forest land is restricted from entering the ETS. This means there are restrictions on how much of this land you can register.
Find out more about the LUC class restrictions on post-1989 forest land
If you have restricted forest land, you can apply to register some of it in the ETS using the 25% allowance for forest on LUC class 1-6 land. This page explains how to apply to register in the ETS using the 25% allowance.
About the 25% allowance for restricted forest land
Applying to register in the ETS using the 25% allowance
There are certain things you need to do to apply to register land in the ETS.
Registering post-1989 forest land in the ETS
To register in the ETS using the 25% allowance, you need to tell us some specific information about your land and that you’re registering it with the allowance.
When applying to register in the ETS using the 25% allowance, you must provide:
- the land titles that make up your farm or farms
- a digital map (shapefile) of the land you want to register
- a statutory declaration to confirm the land has not knowingly been used in an application to register land in the ETS using the 25% allowance before, or that any earlier application that used the 25% allowance was not accepted
- consent from the landowner if you are a registered forestry right holder or leaseholder.
You must also tell us which method you are using to identify the LUC class of your land. You can use the national scale map (the NZLRI map) or a property scale assessment. If you’re using a property scale assessment, there are some extra things you need to do.
Identify the LUC class of your land
Providing a shapefile of the land you want to register
When you apply to register forest land in the ETS, you must submit a shapefile. This file shows the location and shape of the forest land as polygons and includes attributes that describe each polygon.
When registering areas of land with the 25% allowance, you will need to assign an attribute to that area of land indicating the 25% allowance is being used.
There are other attributes you’ll need to add to your shapefile. Read more about this and the rules for mapping forestry for the ETS:
How to map forestry for the ETS
Submitting a statutory declaration
You must provide a statutory declaration with your application to register restricted forest land in the ETS. A statutory declaration is a formal written document that you provide when you need to confirm that something is true. It must be signed and witnessed by an official person face-to-face. It is up to you to make sure your statutory declaration is correct.
In either of these 2 situations, you must provide a statutory declaration:
1. Submitting an application using the 25% allowance for the first time for that land
If the land you are applying to register has never been submitted before using the 25% allowance, you must submit a statutory declaration that confirms this to the best of your knowledge.
2. Submitting an application if the 25% allowance has been used before for that land
You can apply to register land that has been submitted before using the 25% allowance. You can do this in one of 2 situations.
- The land registered has not exceeded the 25% allowance, the ownership of the land titles for the farm has not changed, and the farm boundary has not changed.
- Land in a previous application was applied for using the 25% allowance, but no land in that application was registered using the 25% allowance.
In these situations, you must provide a statutory declaration.
Registered forestry right holders or leaseholders
If you are the holder of a registered forestry right or you are the leaseholder under a registered lease, you must get consent from the landowner to register land using the 25% allowance. Use the interested party consent form to do this, and upload it when you apply to register in the ETS.
