Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698848596082.pdf (New Zealand)
Reprint as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Public Act Date of assent Commencement 1996 No 30 10 June 1996 see section 1(2) Contents Title Short Title and commencement Part 1 Preliminary Interpretation Meaning of term new organism Act to bind the Crown Part 2 Purpose of Act Purpose of Act Principles relevant to purpose of Act Matters relevant to purpose of Act Precautionary approach Treaty of Waitangi Methodology to be used 1 2 2A Page 15 15 15 30 32 34 34 34 34 35 35 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Ministry for the Environment.
1 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 20A 21 22 23 24 24A 24B 24C 24D Part 3 Powers, functions, and duties Powers, functions, and duties of Minister Powers, functions, and duties of Authority Powers, functions, and duties of enforcement officers General duty Part 4 Environmental Risk Management Authority Establishment of Authority Membership of Authority Eligibility for appointment as member of Authority Restriction on Ministerial direction Further provisions applying in respect of Authority Delegation by Authority Obligation to prepare and maintain register Register of exposure limits for substances with toxic or ecotoxic properties Charges Payments in advance Fees for local authorities Power to request information Part 4A Nga Kaihautu Tikanga Taiao Establishment of Nga Kaihautu Tikanga Taiao Function of Nga Kaihautu Tikanga Taiao Appointment and remuneration of members and chair Review of terms of reference Part 5 Assessment of hazardous substances and new organisms Prohibition of import, etc, and types of approval 25AA This Part subject to Part 5A [Repealed] 25 Restriction of import, manufacture, development, field testing, or release Prohibition of import, manufacture, or use of persistent organic pollutants Prohibition on storage of persistent organic pollutants Continuation of certain exemptions under Toxic Substances Regulations 1983 25A 25B 25C 2 36 36 38 38 39 39 40 40 40 40 44 45 45 46 47 47 47 48 48 48 48 49 50 51 51 Reprinted
 as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 25D 26 27 27A 28 28A 29 29A 29B 30 31 32 33 34 34A 35 36 37 38 38A 38B Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Determination of new organism or hazardous substance Types of approval Approvals at any taxonomic classification Approvals for hazardous substances Application for approval to import or manufacture
 hazardous substances Rapid assessment for importation or manufacture of hazardous substances Determination of applications Approvals for innovative agricultural compounds and medicines [Repealed] Applications relating to persistent organic pollutants Containment approvals for hazardous substances Importing hazardous substances in containment Application for hazardous substance containment approval Decision on application Exemptions from Act for small-scale research on hazardous substances Assessment of new organisms for importation or release Application for approval to import or release Applications for conditional release and for release in respect of same new organism Rapid assessment of risk for importation of new organisms Minimum standards Additional matters to be considered Determination of applications to import or release Conditional release of new organisms Application for approval to import or release new organism with controls Application under section 34 may be treated as application under section 38A 38BA Rapid assessment of risk for importation or release of new organisms with controls 52 52 53 54 54 55 56 57 57 57 58 59 59 61 61 62 63 63 64 65 66 66 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Determination of applications to import or release new organisms with controls Controls Duration of conditional release approval Consequences of expiry of conditional release approval Review of controls on conditional release approval Restriction on release of new organism subject to conditional release approval Release of qualifying organisms Assessment of applications for release of qualifying organisms Procedure for assessing and approving application by responsible chief executive Controls Review of controls for qualifying organisms Containment approval for new organisms Importation or development of new organisms in containment Application for containment approval for new organisms Assessment of adverse effects of
 developing genetically modified organisms Rapid assessment of adverse effects for development of genetically modified organisms Rapid assessment of projects for low-risk genetic modification Rapid assessment of adverse effects for importation of genetically modified organisms into containment Rapid assessment of adverse effects for development in containment, etc, of certain new organisms Additional matters to be considered when application made for developing new organisms in containment Additional matters to be considered on applications for importing and field testing of organisms Additional matters to be considered for certain developments and field tests Determination of application Controls required for certain developments and for all field tests Animals in circus or zoological garden deemed approved under section 255 67 67 68 69 69 70 70 71 72 72 73 74 75 76 76 77 77 78 78 78 79 80 81 38C 38D 38E 38F 38G 38H 38I 38J 38K 38L 39 40 41 42 42A 42B 42C 43 44 44A 45 45A 45B 4 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Use of hazardous substances and new organisms in emergencies Meaning of emergency Application for approval to use a hazardous substance or new organism in an emergency Determination of applications Exemptions from provisions of Act in emergencies Rapid assessment and approval of agricultural compounds and medicines in special emergencies Interpretation Declaration of special emergency Application of sections 49D to
 49K Application for approval to use agricultural compound or medicine in special emergency Contents of application Determination of applications Controls attaching to approval of application Notification or publication of approval of application Effect of approval of release Duration of approval Consequences of expiry of approval 46 47 48 49 49A 49B 49C 49D 49E 49F 49G 49H 49I 49J 49K Rapid assessment and approval of other hazardous substances in special emergencies 49L Rapid assessment and approval of
 other hazardous substances in special emergencies Prohibited list organisms Prohibited organisms Transhipment of substances and organisms Transhipment 50 51 Procedure for assessment Applicant may be required to provide further information Applications required to be publicly notified 52 53 53A Method of public notification 54 55 56 Submission on application Information held on behalf of applicant Consideration of information withheld under Official Information Act 1982 Authority to withhold information Further information 57 58 81 82 83 84 84 85 86 86 87 88 89 89 90 90 90 91 91 92 93 93 95 96 96 99 99 100 5 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Time limits and waivers Obligation to hold hearing Provisions relating to hearings Grounds for reassessment of a substance or organism Reassessment 59 60 61 62 63 63A Modified reassessment procedure for amendments to 63B approvals of hazardous substances Proposal for group standard may be consulted on in same way as reassessment Suspension of approvals during reassessment 64 No compensation following reassessment 65 Requirement for disposing of substances 66 Disposal of persistent organic pollutants 66A 67 Authority to direct disposal of new organisms 67A Minor or technical amendments to approvals Minister’s call-in powers Minister’s power to call in applications with significant effects Notification of Minister’s direction Minister may appoint persons Conduct of inquiry by Authority
 Authority to report to Minister Minister to decide application and notify decision Part 5A Restrictions on approving certain applications [Repealed] Interpretation [Repealed] Application [Repealed] Authority must not consider or approve certain applications during restricted period [Repealed] Additional information required for certain applications [Repealed] Additional matters Authority must consider for certain applications [Repealed] No compensation [Repealed] Expiry [Repealed] Part 6 Controls Hazard
 classification system Establishment of hazard classification system Regulations prescribing hazard classification control 68 69 70 71 72 73 73A 73B 73C 73D 73E 73F 73G Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 76 77 77A 77B 78 79 80 81 82 82A 82B 82C 83 84 85 86 87 88 89 90 91 92 93 94 95 Requirements for containers, identification, disposal, emergencies, tracking, and fireworks Controls on hazardous substances Authority’s power to impose controls and vary specified controls Exposure limits for substances with toxic or ecotoxic properties Codes of practice Codes may be approved by Authority Availability of codes Proof of code Test certifiers Issue of test certificates by test certifiers Register of test certificates Delegation by approved person Revocation of test certificates Applications for approval as test certifier Processing applications for approval as test certifier Register of test certifiers Complaints to Authority Transferable permits Establishment of transferable permit scheme Authority to recommend establishment Transferable permit scheme and variation of controls Transfer of permits Contents of transferable permits Modification of permits Registration of scheme Transferable permit not to be mortgaged Prohibition on import or manufacture until transferable permit obtained Permissions and licences 95A 95B
 Permissions Licences 96 Report on environmental user charges Environmental user charges Part 6A Group standards 96A Purpose of Part Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Group standards 96B 96C When group standards may be issued or amended 96D 96E 96F Revocation of group standards Effect of group standards Hazardous substances in group standards if
 Parts 11 to 15 apply Part 7 Inspection, enforcement, and ancillary powers Inspection Enforcement of Act Enforcement of Act in respect of new organisms Enforcement of Act in respect of hazardous substances in place of work Co-ordination of inspection Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers Supervision of inspection Appointment of enforcement officers Duty of territorial authorities Building Act 2004 Powers of entry for inspection Compliance orders Scope of compliance order Compliance with compliance order Form and content of compliance order Service of compliance order Cancellation of compliance order Enforcement 97 97A 97B 98 98A 99 100 101 102 103 104 105 106 107 108 Offences 109 109A Time for laying information 109B Extension of time for laying information 110 111 112 113 114 115 116 117 Infringement offences Commission of infringement offence Infringement notices Entitlement to infringement fees Penalties Liability of employers and principals Liability of directors and officers of bodies corporate Strict liability and defences Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 118 119 120 121 122 123 124 Fines to be paid to territorial authority instituting prosecution Search warrants Dealing with property seized by enforcement officers
 Application of Customs and Excise Act 1996 to hazardous substance imported in breach of this Act Power to require hazardous substance to leave New Zealand Declaration that organism not genetically modified Responsibilities of carrier and person in charge of any craft Part 7A Pecuniary penalties and civil liability for breaches relating to new organisms 124A Interpretation Pecuniary penalties 124B Pecuniary penalty order 124C Amount of pecuniary penalty 124D Other orders instead of or in addition to pecuniary
 penalty order 124E Standard of proof and procedural matters 124F Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings Civil liability for acts and omissions while in breach 124G Civil liability 124H Defences to liability under section 124G Liability for acts and omissions of others 124I Breaches, acts, and omissions by directors, employees, or agents Part 8 Appeals 125 126 127 128 129 130 131 132 Appeals Appeal on question of law Notice of appeal Right to appear and be heard on appeal Parties to appeal before High Court Orders of High Court Additional appeals on points of law Extension of time 167 168 170 170 171 171 172 172 173 173 174 175 175 175 176 177 178 180 181 181 181 182 182 183 9 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 133 134 Date of hearing Appeals to Court of Appeal Part 9 Emergencies 135 136 137 138 139 Interpretation Declaration of emergency Emergency powers Compensation for property requisitioned or destroyed Protection of enforcement officers and persons Part 10 Miscellaneous provisions Regulations 140 140A Persistent organic pollutants 140B Schedule 1AA may be amended or substituted 141 Procedure for making Orders in Council 141A Incorporation of material by reference 141B Amendment to, or replacement of, material incorporated by reference 141C Proof of material incorporated by reference 141D Material incorporated by reference that ceases to have effect 141E Notice must be
 provided to committee responsible for examining regulations 141F Requirement to consult on proposal to amend or replace material incorporated by reference 141G Access to material incorporated by reference in regulations 141H Access to material incorporated by reference in group standard, notice of transfer, or code of practice 183 183 183 184 185 186 187 187 190 190 191 192 193 194 194 195 195 196 197 141I Application of Acts and Regulations Publication Act 1989 198 and Regulations (Disallowance) Act 1989
 Relationship to other Acts 142 142A Exemptions from approval requirements [Expired] Notification of hazardous substances injuries 143 Reporting of incidents 144 Ombudsmen Act 1975 amended [Repealed] 145 Authority to be Crown entity [Repealed] 146 Additional matters to be included in statement of intent 147 Additional reporting requirements 148 Amendments to other Acts 149 Repeals and revocations 150 199 200 200 201 201 201 201 202 203 203 10 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 11 Transitional provisions—General [Expired] Interpretation [Expired] Expiry of transitional provisions [Expired] 151 152 152A Expiry of transitional provisions in relation to persistent 153 154 155 156 157 158 159 organic pollutants [Expired] Exemption in case of licence application [Expired] Exemptions from regulations and provisions of Parts 11 to 16 [Expired] Applications made under transitional provisions [Expired] Offences against Parts 11 to 16 [Expired] Defences [Expired] Suspension and cancellation of licences [Expired] Continuation of Pesticides Board and Toxic Substances Board [Expired] Regulations relating to transitional provisions [Expired] 160 160A Notices of transfer relating to transitional matters [Expired] 160B Controls may be imposed for purposes of notice of transfer [Expired] Regulations saved [Expired] Reassessment of substances and organisms [Expired] 161 162 Part 12 Transitional provisions—Pesticides [Expired]
 Interpretation [Expired] Application of this Part [Expired] Sale, importation, and use of pesticides [Expired] Labelling [Expired] Advertisements [Expired] Review and revocation of registration [Expired] Transfer of proprietors’ rights [Expired] Sale of pesticides in bulk [Expired] 163 164 164A Protection of information [Expired] 165 166 167 168 169 170 171 Warranties [Expired] 172 173 174 175 176 177 Pesticide register [Expired] Regulations relating to all pesticides [Expired] Regulations relating to controlled
 pesticides [Expired] Interpretation [Expired] Restrictions on use of controlled pesticides [Expired] Qualifications for approved operator licence [Expired] Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 178 179 180 181 182 Dealing with applications [Expired] Effect of licences [Expired] Duration of licences [Expired] Variation of terms and conditions of licences [Expired] Register of approved operators [Expired] Part 13 Transitional provisions—Toxic substances [Expired] Interpretation [Expired] Application of this Part [Expired] 183 184 184A Protection of information [Expired] 185 Restrictions on sales of deadly poisons and dangerous poisons [Expired] Sale and packing of poisons [Expired] Further restrictions on sale of poisons [Expired] Containers [Expired] Custody of poisons and harmful substances [Expired] Storage of poisons and harmful substances [Expired] Packing of poisons and harmful substances [Expired] Restriction on possession and use of deadly poisons and dangerous poisons [Expired] Control of advertisements [Expired] Disposal of surplus poisons to other user or licensee [Expired] Exemptions for pharmacists [Expired] Exemptions for veterinarians [Expired] Exemptions for certain other persons [Expired] Exemptions for agents and employees [Expired] Applications for licences [Expired] Dealing with
 applications [Expired] Effect of licences [Expired] Duration of licences [Expired] Records of sales [Expired] Register [Expired] Interpretation [Expired] Packing of imported toxic substances [Expired] Notice to be given of imported toxic substances [Expired] Application of toxic substances regulations [Expired] 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 Part 14 Transitional provisions—Dangerous goods [Expired] 209 Interpretation [Expired] 12 207 207 207 207 207
Interpretation [Expired] Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act Application of this Part [Expired] Restrictions on storage and use of dangerous goods [Expired] Restrictions on containers [Expired] Containers of dangerous goods to be specially marked [Expired] Pumps for reselling dangerous goods [Expired] Restrictions on use of gases in balloons [Expired] Phosphorus matches [Expired] Licensing of premises for storage of dangerous goods [Expired] Provisional licences [Expired] General provisions as to licences [Expired] Renewal of licences [Expired] Continuing application of dangerous goods regulations [Expired] Part 15 Transitional provisions—Explosives [Expired] Interpretation [Expired] Classification of explosives [Expired] Application of this Part [Expired] Importation of explosives [Expired] Permit for importation of fireworks [Expired] Licence to manufacture explosives [Expired] Factory not to be altered without consent of Authority [Expired] Fireworks not to be sold to persons under 14 years of age [Expired] Application of following sections [Expired] Explosives not to be sold without licence [Expired] Restriction on sale of fireworks [Expired] Sale of explosives [Expired] Storage of explosives [Expired] Certain
 explosives not to be carried without consent of Authority [Expired] Licence required to carry certain explosives [Expired] Carriage of explosives in vehicles or vessels carrying passengers [Expired] Firework displays [Expired] Private storage [Expired] Conditions of licence [Expired] Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 241 242 243 244 245
 246 247 248 249 250 251 252 253 Public magazines [Expired] Private magazines [Expired] Private magazine not to be altered without consent [Expired] Danger buildings [Expired] Notices on danger buildings [Expired] Repairs or alterations to danger buildings [Expired] Protective clothing, etc [Expired] Employment of young persons in danger buildings [Expired] Packing and marking of explosives [Expired] Handling of explosives [Expired] Abandonment or disposal of explosives [Expired] Damaged, defective, or unsafe explosives [Expired] Continuation of regulations [Expired] Part 16 Transitional provisions—New organisms [Expired] Animals [Expired] 254 255 256 257 Animals [Expired] Zoological gardens [Expired] Hamsters [Expired] Approvals for genetically modified organisms [Expired] Plants [Expired] Import permits [Expired] 258 259 Micro-organisms lawfully in use [Expired] Schedule 1AA Stockholm Convention on Persistent Organic Pollutants Schedule 1 Provisions relating to Environmental Risk Management Authority Schedule 2 Prohibited new organisms Schedule 2A Persistent organic pollutants 14 214 214 214 214 215 215 215 215 215 215 215 215 215 216 216 216 216 216 216 217 270 276 278 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 Schedule 3 Schedule 4 Enactments amended Schedule 5 Enactments repealed Schedule 6 Regulations and orders revoked Schedule 7 List of substances relevant to transitional provisions [Expired] 279 285 288 291
 293 An Act to restate and reform the law relating to the management of hazardous substances and new organisms 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Hazardous Substances and New Organisms Act 1996.
This Act shall come into force on a date to be fixed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made fixing different dates for different provisions and for different purposes.

Section 1(2): Hazardous Substances and New Organisms Act 1996 brought into force for all purposes, on 2 July 2001, by clause 2 of the Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171).
Part 1 Preliminary Interpretation In this Act, unless the context otherwise requires,— advertisement means any publication to the community or to any section of the community of any words, whether written or printed, spoken, or in any electronic form, or of any pictorial representation or design or device, used to promote the sale of any hazardous substance; and to advertise has a correspond- ing meaning 15 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 aircraft has the same meaning as in section 2 of the Civil Aviation Act 1990 amenity values means those natural or physical qualities and characteristics of an area that contribute to people’s apprecia- tion of its pleasantness, aesthetic coherence, and cultural and recreational attributes approved form means a form approved by the Authority under section 11(fa) Authority means the Environmental Risk Management Au- thority established under section 14 bioaccumulation means accumulation within the tissues of living organisms building has the same meaning as in section 7 of the Building Act 2004 by-product means an incidental or secondary product made in the manufacture of another product carrier, in relation to a craft, means the owner or charterer of the craft; and, where the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer or, if there is no such agent in New Zealand, the person in charge code of practice means any document issued or approved in accordance with section 78 compound means any chemical combination of chemical elements conditional release approval means an approval under sec- tion 38BA or 38C conditionally released new organism means a new organism that is subject to a conditional release approval container means any vessel or structure, whether moveable or fixed, in which hazardous substances may be cased, covered, enclosed, contained, or packed; and— (a) includes,— (i) any vessel (other than part of a vehicle’s fuel sys- tem) which forms an integral part
 of any vehicle; and any stationary container; and any package; (ii) (iii) 16 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 does not include any landfill (b) containment means restricting an organism or substance to a secure location or facility to prevent escape; and includes, in respect of genetically modified organisms, field testing and large-scale fermentation containment facility means,— (a) in relation to new organisms (other than genetically modified organisms), a facility registered as a contain- ment facility under the Biosecurity Act 1993: in relation to genetically modified organisms, a facil- ity which complies with the controls imposed by an ap- proval granted under any of sections 42, 42A, 42B, or 45 (b) containment structure means a containment facility that is a vehicle, room, building, or other structure, set aside and equipped for the development of genetically modified organ- isms controller means the person for the time being in charge of a location or facility controls means any obligations or restrictions imposed on any hazardous substance or new organism, or on any person in re- lation to any hazardous substance or new organism, by this or any other Act or any regulations, rules, codes, or other docu- ments made in accordance with the provisions of this or any other Act for the purposes of controlling the adverse effects of that substance or organism on people or the environment craft means any form of aircraft, ship, or other vehicle or ves- sel capable of being used to transport any substance to or from New Zealand from or to any country outside New Zealand Crown entity— (a) has the same meaning as in section 7(1) of the Crown Entities Act 2004; and includes an organisation named or described in Sched- ule 4 of the Public Finance Act 1989 (b) Customs officer means any person holding office as a Cus- toms officer appointed under the Customs and Excise Act 1996 department has the same meaning as in
 section 2 of the State Sector Act 1988 17 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 develop,— (a) means— (A) (B) in relation to organisms other than incidentally imported new organisms,— (i) genetic modification of an organism: regeneration of a new organism from bio- logical material of the organism that can- not, without human intervention, be used to reproduce the organism: fermentation of a micro-organism that is a new organism; but does not include field testing; and (C) (ii) in relation to incidentally imported new organisms,— (i) means— (A) (B) the activities referred to in paragraph (a)(i); and the deliberate isolation, aggregation, mul- tiplication, or other use of the organism; but (ii) does not include field testing (b) (ii) (iii) (ii) disposal means,— (a) in relation to a hazardous substance,— (i) treating the substance in such a way that it is no longer a hazardous substance; or discharging the substance into the environment as waste; or exporting the substance as waste from New Zealand: (b) in relation to a new organism,— (i) rendering the organism biologically inactive in such a manner as to prevent the occurrence of any future biological activity; or exporting the organism from New Zealand distribution system has the same meaning as in section 2 of the Gas Act 1992 ecotoxic means capable of causing ill health, injury, or death to any living organism effect includes— (a) any potential or probable effect;
 and 18 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 (b) (c) (d) (e) (f) any positive or adverse effect; and any temporary or permanent effect; and any past, present, or future effects; and any acute or chronic effect; and any cumulative effect which arises over time or in com- bination with other effects enforcement officer means an enforcement officer appointed under section 98 or section 99(3) environment includes— (a) ecosystems and their constituent parts,
 including people and communities; and all natural and physical resources; and amenity values; and the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters (b) (c) (d) environmental medium,— (a) in relation to class 6 substances, means— (i) (ii) air, water, and soil; or a surface that a hazardous substance may be de- posited onto: (b) in relation to class 9 substances, means water, soil, or sediment where these are in the natural environment, or a surface that a hazardous substance may be deposited onto environmental user charge means an amount of money payable per unit mass of a hazardous substance environmentally sound disposal, in relation to a substance that is a persistent organic pollutant, means disposal in accord- ance with directions given by the Authority by notice in the Gazette, being directions that are not inconsistent with Article 6 of the Stockholm Convention explosive means capable of sudden expansion owing to a re- lease of internal energy; and includes the capability to gener- ate— (a) (b) and explosion has a corresponding meaning deflagration; or pyrotechnic effects,— 19 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 exportation has the same meaning as in section 2(1) of the Customs and Excise Act 1996; and to export has a corres- ponding meaning exposure limit means an environmental exposure limit, a tol- erable
 exposure limit, or a workplace exposure standard (as these terms are defined in section 77B(6)) field test means, in relation to an organism, the carrying on of trials on the effects of the organism under conditions similar to those of the environment into which the organism is likely to be released, but from which the organism, or any heritable material arising from it, could be retrieved or destroyed at the end of the trials firework means an object containing small quantities of haz- ardous substances
 with explosive properties enclosed in a case of paper or similar material of such a strength, construction, and character that the ignition or explosion of one such fire- work will not cause the explosion en masse of similar fire- works kept or carried with it, and whose sole or principal ef- fect is not percussive or vertical or horizontal flight gas appliance has the same meaning as in section 2 of the Gas Act 1992 gas installation has the same meaning as in section 2 of the Gas Act 1992 genetic element, in relation to a new organism, means— (a) (b) heritable material; and any genes, nucleic acids, or other molecules from the organism that can, without human intervention, repli- cate in a biological system and transfer a character or trait to another organism or to subsequent generations of the organism genetically modified organism means, unless expressly pro- vided otherwise by regulations, any organism in which any of the genes or other genetic material— (a) (b) have been modified by in vitro techniques; or are inherited or otherwise derived, through any number of replications, from any genes or other genetic material which has been modified by in vitro techniques 20 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 hazard classification means a combination of the hazardous property of a substance and the level or type of hazard related to that property prescribed in accordance with section 74 hazardous substance means,
 unless expressly provided otherwise by regulations, any substance— (a) with 1 or more of the following intrinsic properties: (i) (ii) (iii) (iv) (v) (vi) explosiveness: flammability: a capacity to oxidise: corrosiveness: toxicity (including chronic toxicity): ecotoxicity, with or without bioaccumulation; or (b) which on contact with air or water (other than air or water where the temperature or pressure has been ar- tificially increased or decreased) generates a substance with any 1 or more of the properties
 specified in para- graph (a) heritable material, in relation to a new organism, means vi- able biological material, including gametes and spores, aris- ing from the organism that can, without human intervention, regenerate the organism or reproduce a new generation of the same species of the organism host organism means an organism that is the subject of a ge- netic modification procedure human cells— (a) means human cells, human cell lines, or human tissues that are being grown or maintained outside the human body; and includes human reproductive cells or human embryonic cells that are being grown or maintained outside the human body (b) identification means the provision of any information about a substance or organism which— (a) clearly identifies the chemical or biological nature of the substance or organism: specifies the nature and degree or type of hazard intrin- sic to the substance or organism: (b) 21 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (c) (e) (d) describes precautions to be taken by persons managing hazardous substances to avoid injury to people or envir- onmental damage: directly or indirectly aids in managing any hazardous effect of a hazardous substance: identifies and specifies the means of contacting any per- son knowledgeable in the management of the substance import, in relation to new organisms, has the same meaning as in section 2(1) of the Biosecurity Act 1993 importation, in relation to
 hazardous substances, has the same meaning as in section 2(1) of the Customs and Excise Act 1996; and to import, in relation to those substances, has a corresponding meaning incidentally imported new organism means a new organism that is imported in or on goods, but is not— (a) (b) an essential or constituent part of those goods: imported in or on the goods with the intention of con- cealing the presence of the new organism: a genetically modified organism (c) inseparable organism means any organism which is
 unable to be separated from any other organism intrinsic values, in relation to ecosystems, means those as- pects of ecosystems and their constituent parts which have value in their own right, including— (a) (b) their biological and genetic diversity; and the essential characteristics that determine an ecosys- tem’s integrity, form, functioning, and resilience laboratory means a vehicle, room, building, or any other structure set aside and equipped for scientific experiments or research, for teaching science, or for the development of chemical or medicinal products landfill means any premises used for the lawful deposit or dis- posal of waste materials into or onto land lifecycle, in relation to a substance, means the time for which the substance is in existence from (and including) its manufac- ture or importation to its disposal light rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005 22 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 local authority means a territorial authority or a regional council manufacture, in relation to a hazardous substance, includes the mining or extraction of any hazardous substance member means a member of the Authority Minister means the Minister for the Environment motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998 natural and physical resources has the same meaning as in section 2(1) of the Resource Management Act 1991 new organism has the meaning given to it by section 2A organism— (a) (ab) (b) (c) does not include a human being: includes a human cell: includes a micro-organism: includes a genetic structure, other than a human cell, that is capable of replicating itself, whether that struc- ture comprises all or only part of an entity, and whether it comprises all or only part of the total genetic structure of an entity: includes an entity (other than a human being) declared to be an organism for the purposes of the Biosecurity
 Act 1993: includes a reproductive cell or developmental stage of an organism (d) (e) persistent organic pollutant— (a) means a substance listed in Schedule 2A; and (b) includes a substance containing 1 or more of those sub- stances; but does not include a substance occurring in quantities as unintentional trace contaminants in products and art- icles (c) person includes the Crown place of work has the same meaning as in section 2(1) and (3) of the Health and Safety in Employment Act 1992 port of entry has the same meaning as in the Customs Act 1966 23 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 premises includes a dwelling, building, aircraft, ship, car- riage, vehicle, box, receptacle, and place prescribed means prescribed by regulations made under this Act public health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 public notice means— (a) a method determined by the Authority under section 53A; or if section 53A does not apply or no method has been de- termined under that section, a notice published in 1 or more daily newspapers circulating in the main metro- politan areas together with such other public notice (if any) as the Authority or Minister thinks fit (b) qualifying medicine means a medicine or new medicine (as defined in section 3 of the Medicines Act 1981) that— (a) is or contains a new organism; and (b) meets the criteria set out in section 38I(3)
 qualifying organism means a new organism that is or is contained in a qualifying medicine or qualifying veterinary medicine qualifying veterinary medicine means a veterinary medicine (as defined in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997) that— (a) is or contains a new organism; and (b) meets the criteria set out in section 38I(3) rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005 railway line has the same meaning as in section 4(1) of the Railways Act
 2005 regional council means a regional council within the meaning of the Local Government Act 2002 regulations means regulations in force under this Act release, in relation to new organisms, means to allow the or- ganism to move within New Zealand free of any restrictions other than those imposed in accordance with the Biosecurity Act 1993 or the Conservation Act 1987 24 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 research and development, in relation to a hazardous sub- stance, means systematic investigation or experimentation ac- tivities that involve the hazardous substance responsible chief executive means the chief executive of the Authority and the chief executive of the department for the time being responsible for the administration of the Medicines Act 1981 or the Agricultural Compounds and Veterinary Medicines Act 1997, as the case may be risk species means any species, subspecies, infrasubspecies, variety, strain, or cultivar prescribed as a risk species under section 140 road has the same meaning as in section 2(1) of the Land Transport Act 1998 serious environmental damage means any environmental damage prescribed under section 140 serious harm has the same meaning as in Schedule 1 of the Health and Safety in Employment Act 1992 ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 stationary container means any building or part of a building, or vessel supported by or incorporated in any building, which is expressly designed to contain any hazardous substance Stockholm Convention— (a) means the Convention on Persistent Organic Pollutants done at Stockholm on 23 May 2001 and the Annexes to the Convention, a copy of the English text of which is set out in Schedule 1AA; and includes any amendments to, or substitutions of, the Convention or the Annexes that are, or will become, binding on New Zealand (b) substance means— (a) any element, defined mixture of elements, compounds, or
 defined mixture of compounds, either naturally occurring or produced synthetically, or any mixtures thereof: any isotope, allotrope, isomer, congener, radical, or ion of an element or compound which has been declared by (b) 25 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (c) (d) the Authority, by notice in the Gazette, to be a different substance from that element or compound: any mixtures or combinations of any of the above: any manufactured article containing, incorporating, or including any hazardous substance with explosive prop- erties taxonomic classification, in relation to an organism, means the genus, species, subspecies, infrasubspecies, variety, strain, cultivar, or other appropriate classification that the organism belongs to territorial authority means a territorial authority within the meaning of the Local Government Act 2002 test certificate means a certificate issued by a test certifier in accordance with section 82 toxic means capable of causing ill health in, or injury to, human beings tracking system means a system established under regula- tions made under section 76 transferable permit means any permit to import or manufac- ture a hazardous substance issued in accordance with a trans- ferable permit scheme transferable permit scheme means any scheme established in accordance with section 87 transhipment means the importation into New Zealand of a hazardous substance or new organism solely for the purpose of export within 20 working days to another destination outside New Zealand Treaty of Waitangi (Te Tiriti o Waitangi) has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975 weapons system means any ammunition, explosive, or pro- pellant; and includes any platform designed to carry any com- bination thereof working day means any day except— (a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and
 26 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 (2) (b) a day in the period commencing on 20 December in any year and ending with 15 January in the following year.
For the purposes of paragraph (a) of the definition of the term substance in section 2(1), the definition of any mixture of elements or mixture of compounds may include a range of percentages of the elements or compounds making up the sub- stance.

Section 2(1) aerodrome: repealed, on 20 April 2010, by section 4(1) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 2(1) approved form: inserted, on 31 December 2000, by section 3(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 2(1) building: amended, on 31 March 2005, pursuant to section 415(1) of the Building Act 2004 (2004 No 72).

Section 2(1) conditional release approval: substituted, on 20 April 2010, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 2(1) conditionally released new organism: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amend- ment Act 2003 (2003 No 54).

Section 2(1) containment facility paragraph (b): amended, on 30 October 2003, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 2(1) containment structure: inserted, on 28 May 2002, by section 5 of the Hazardous Substances and New Organisms (Genetically Modified Organ- isms) Amendment Act 2002 (2002 No 13).

Section 2(1) Crown entity: inserted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 2(1) Customs officer: amended, on 1 October 1996, pursuant to section 294(2) of the Customs and Excise Act 1996 (1996 No 27).
Section 2(1) department: inserted, on 9 April 2008, by section 4(2) of the Haz- ardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 2(1) develop: substituted, on 9 April 2008, by section 4(1) of the Haz- ardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 2(1) environmental medium: inserted, on 22 December 2005, by sec- tion 3(1) of the Hazardous Substances and New Organisms (Approvals and En- forcement) Amendment Act 2005 (2005 No 123).
Section 2(1) environmentally sound disposal: inserted, on 23 December 2004, by section 4 of the Hazardous Substances and New Organisms (Stockholm Con- vention) Amendment Act 2003 (2003 No 37).

Section 2(1) exportation: amended, on 1 October 1996, pursuant to section 290(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 2(1) exposure limit: inserted, on 22 December 2005, by section 3(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
27 Part 1 s 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 2(1) field test: amended, on 30 October 2003, by section 4(4) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) genetic element: inserted, on 28 May 2002, by section 5 of the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).
Section 2(1) heritable material: inserted, on 28 May 2002, by section 5 of the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).

Section 2(1) host organism: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) human cells: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 2(1) importation: amended, on 1 October 1996, pursuant to section 290(1) of the Customs and Excise Act 1996 (1996 No 27).

Section 2(1) incidentally imported new organism: inserted, on 9 April 2008, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 2(1) laboratory: inserted, on 31 December 2000, by section 3(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 2(1) light rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) local authority: inserted, on 22 December 2005, by section 3(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 2(1) motor vehicle: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).
Section 2(1) new organism: substituted, on 7 May 1999, by section 2(1) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 2(1) organism paragraph (a): substituted, on 30 October 2003, by sec- tion 4(5) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) organism paragraph (ab): inserted, on 30 October 2003, by section 4(5) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 2(1) organism paragraph (c): amended, on 30 October 2003, by section 4(6) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) persistent organic pollutant: inserted, on 23 December 2004, by section 4 of the Hazardous Substances and New Organisms (Stockholm Con- vention) Amendment Act 2003 (2003 No 37).
28 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2 Section 2(1) place of work: amended, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Con- trols) Amendment Act 2004 (2004 No 7).

Section 2(1) place of work: amended, on 5 May 2003, by section 34 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).
Section 2(1) premises: substituted, on 31 December 2000, by section 3(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 2(1) prescribed: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) public health: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).
Section 2(1) public notice: substituted, on 31 December 2000, by section 3(3) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 2(1) qualifying medicine: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) qualifying organism: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 2(1) qualifying veterinary medicine: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) rail service vehicle and light rail vehicle: repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).
Section 2(1) railway line: amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 2(1) regional council: inserted, on 22 December 2005, by section 3(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 2(1) research and development: substituted, on 22 December 2005, by section 3(2) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Section 2(1) responsible chief executive: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) road: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

Section 2(1) Stockholm Convention: inserted, on 23 December 2004, by sec- tion 4 of the Hazardous Substances and New Organisms (Stockholm Conven- tion) Amendment Act 2003 (2003 No 37).
29 Part 1 s 2A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 2(1) taxonomic classification: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Section 2(1) test certificate: substituted, on 7 May 1999, by section 2(2) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
2A Meaning of term new organism (1) A new organism is— (a) (b) (c) (ca) (cb) (d) (e) an organism belonging to a species that was not present in New Zealand immediately before 29 July 1998: an organism belonging to a species, subspecies, infra- subspecies, variety, strain, or cultivar prescribed as a risk species, where that organism was not present in New Zealand at the time of promulgation of the rele- vant regulation: an organism for which a containment approval has been given under this Act: an organism for which a conditional release approval has been given: a qualifying organism approved for release with con- trols: a genetically modified organism: an organism that belongs to a species, subspecies, in- frasubspecies, variety, strain, or cultivar that has been eradicated from New Zealand.
(2) An organism is not a new organism if— (a) the organism is not a genetically modified organism and— (i) an approval is granted under section 35 or 38 to release an organism of the same taxonomic classification; or the organism is a qualifying organism and an ap- proval has been granted under section 38I to re- lease an organism of the same taxonomic classi- fication without controls; or an organism of the same taxonomic classification has been prescribed as not a new organism; or (ii) (iii) 30 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 2A (b) (c) (ii) the organism is a genetically modified organism and— an approval is granted under section 38 to release (i) an organism of the same taxonomic classification with the same genetic modification; or the organism is a qualifying organism and an ap- proval has been granted under section 38I to re- lease an organism of the same taxonomic classi- fication with the same genetic modification with- out controls; or an organism of the same taxonomic classification with the same genetic modification has been pre- scribed as not a new organism; or (iii) the new organism was deemed to be a new organism under section 255 and other organisms of the same taxonomic classification were lawfully present in New Zealand before the commencement of that section and in a place that was not registered as a circus or zoo under the Zoological Gardens Regulations 1977.
(2A) A new organism does not cease to be a new organism be- cause— (a) (b) (c) it is subject to a conditional release approval; or it is a qualifying organism approved for release with controls; or it is an incidentally imported new organism.

(3) Despite the provisions of this section, an organism present in New Zealand before 29 July 1998 in contravention of the Ani- mals Act 1967 or the Plants Act 1970 is a new organism.
Subsection (3) does not apply to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus.

Section 2A: inserted, on 7 May 1999, by section 3 of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

(4) Section 2A(1)(ca): inserted, on 30 October 2003, by section 5(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 2A(1)(cb): inserted, on 30 October 2003, by section 5(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2A(2): substituted, on 30 October 2003, by section 5(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2A(2)(a)(i): amended, on 20 April 2010, by section 5 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
31 Part 1 s 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 2A(2A): inserted, on 30 October 2003, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 2A(2A)(b): amended, on 9 April 2008, by section 5(1) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 2A(2A)(c): added, on 9 April 2008, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).
Act to bind the Crown Except as provided in subsections (2) to (8), this Act shall bind the Crown.

Subject to subsections (3) to (8), this Act shall not apply to any hazardous substance controlled by the Minister of Defence.

The Chief of Defence Force shall develop codes of practice for hazardous substances controlled by the Minister of Defence and contained in any weapons system.
The codes of practice developed under subsection (3)— (a) must— (i) be based on the relevant controls (including any group standard conditions) imposed by the Au- thority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A) for any purpose under this Act; or (ii) meet the relevant requirements prescribed by regulations made in accordance with section 75; and (b) may incorporate or adapt any relevant international code of practice.
The Chief of Defence Force— (a) must ensure that methods of controlling all hazardous substances not contained in any weapons system and controlled by the Minister of Defence— (i) are based on the relevant controls (including any group standard conditions) imposed by the Au- thority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A) for any purpose under this Act; or 3 (1) (2) (3) (4) (5) 32 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 1 s 3 (ii) meet the relevant requirements prescribed by regulations made in accordance with section 75; and (b) may comply with the relevant requirements in para- graph (a) by following the relevant code of practice ap- proved under section 79.
(6) The Secretary of Defence shall audit the controls on hazardous substances under the control of the Minister of Defence in ac- cordance with section 24(2)(e) of the Defence Act 1990, and report the results to the Minister and the Minister of Defence.

(7) Any person may report to the Authority a breach of the re- quirements required to be met by any regulations in relation to hazardous substances under the control of the Minister of Defence.
(8) Where an incident occurs which involves any hazardous substance under the control of the Minister of Defence and the incident is not being investigated under the Armed Forces Discipline Act 1971, the Authority may, after consultation with the Minister and the Minister of the Crown who is responsible for the Ministry of Justice, direct an inquiry to be held before a District Court Judge.
To assist the Judge, the Authority may appoint 2 or more people with skills or knowledge relevant to the subject matter of the inquiry.

(9) (10) The Judge may hold the inquiry at any times and places the Judge appoints, and shall report on the cause of the incident to the Authority.

(11) The Judge has all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908; and subject to subsec- tions (9) and (10), that Act shall apply accordingly.
Section 3(4): substituted, on 22 December 2005, by section 4 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 3(5): substituted, on 22 December 2005, by section 4 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 3(8): amended, on 1 October 2003, by section 12(2) of the State Sector Amendment Act 2003 (2003 No 41).
33 Part 2 s 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part 2 Purpose of Act Purpose of Act The purpose of this Act is to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms.
Principles relevant to purpose of Act All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, recognise and provide for the following principles: (a) the safeguarding of the life-supporting capacity of air, water, soil, and ecosystems: the maintenance and enhancement of the capacity of people and communities to provide for their own eco- nomic, social, and cultural well-being and for the rea- sonably foreseeable needs of future generations.
(b) Matters relevant to purpose of Act All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, take into account the following matters: (a) the sustainability of all native and valued introduced flora and fauna: the intrinsic value of ecosystems: public health: the relationship of Maori and their culture and trad- itions with their ancestral lands, water, sites, waahi tapu, valued flora and fauna, and other taonga: the economic and related benefits and costs of using a particular hazardous substance or new organism: New Zealand’s international obligations.
(f) Section 6(e): substituted, on 30 October 2003, by section 6 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(b) (c) (d) (e) Precautionary approach All persons exercising functions, powers, and duties under this Act, including but not limited to, functions, powers, and duties 4 5 6 7 34 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 2 s 9 8 9 (1) (2) under sections 28A, 29, 32, 38, 45, and 48, shall take into ac- count the need for caution in managing adverse effects where there is scientific and technical uncertainty about those effects.
Section 7: amended, on 31 December 2000, by section 4 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Treaty of Waitangi All persons exercising powers and functions under this Act shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
Methodology to be used The Governor-General may from time to time, by Order in Council, establish a methodology (which includes an assess- ment of monetary and non-monetary costs and benefits) for making decisions under Part 5; and the Authority shall consis- tently apply that methodology when making such decisions.
Before making any recommendation for the purpose of mak- ing any Order in Council under subsection (1), the Minister shall request the Authority to— (a) (b) develop a proposed methodology; and establish a process that the Minister considers gives the public adequate time and opportunity to make submis- sions on the proposed methodology to the Authority; and advise the Minister of any submissions received, and any comments the Authority wishes to make on the sub- missions, or the proposed methodology,— (c) and the Minister shall have regard to those submissions and comments.
(3) A failure to comply with subsection (2) shall not affect the validity of any Order in Council made under subsection (1).

(4) Notwithstanding section 59, the Authority shall not proceed to determine any application made under Part 5 until an Order in Council has been made under subsection (1).

(5) No decision of the Authority under Part 5 shall be challenged on the adequacy or otherwise of the methodology developed and applied under subsection (1).
35 Part 3 s 10 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part 3 Powers, functions, and duties Powers, functions, and duties of Minister The Minister may— (a) (b) (c) [Repealed] [Repealed] decide any application made under this Act in accord- ance with the provisions of sections 68 to 73 inclusive of this Act: carry out any powers, functions, and duties conferred on the Minister by or under this Act.
(d) Subsection (1)(c) and (d) apply despite section 113 of the Crown Entities Act 2004.

This section does not limit section 27 of the Crown Entities Act 2004.

Section 10(1)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 10(1)(b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 10(1)(c): amended, on 7 May 1999, by section 15(a) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 10(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 10(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Powers, functions, and duties of Authority The Authority may— (a) advise the Minister on any matter relating to the purpose of this Act, including, but not limited to,— (i) (ii) (iii) the extent to which persons are complying with the provisions of this Act: inconsistencies or conflicts between any controls placed on hazardous substances and new organ- isms under this Act and any controls placed on any hazardous substance and new organisms under any other Act: the consideration and investigation of the use of environmental user charges in accordance with section 96: 10 (1) (2) (3) 11 (1) 36 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 3 s 11 (b) monitor and review— (i) (ii) the extent to which the Act reduces adverse ef- fects on the environment or people from haz- ardous substances or new organisms: the enforcement of this Act including, but not limited to, the exercise of any power under sec- tion 103 by any enforcement officer: (f) (c) (e) (d) (fa) (fb) promote awareness of the adverse effects of hazardous substances and new organisms on people or the envir- onment and awareness of the prevention or safe man- agement of those effects: contribute to and co-operate with international forums and carry out international requirements as directed by the Minister: enquire into any incident or emergency involving a haz- ardous substance or a new organism: keep such registers relating to hazardous substances and new organisms as may be required by this Act or as may be necessary to administer this Act: approve forms for applications under Part 5: give directions as to the disposal of persistent organic pollutants: approve standards for containment facilities: carry out any powers, functions, and duties conferred on it by or under this Act or any other enactment.
The Authority must, before exercising the function specified in subsection (1)(fc), consult the persons whom the Authority considers are representative of the classes of person who are likely to have an interest in the standards.

This section does not limit section 17 of the Crown Entities Act 2004.

Section 11(1)(fa): inserted, on 31 December 2000, by section 5 of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
(fc) (g) Section 11(1)(fb): inserted, on 23 December 2004, by section 5 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

Section 11(1)(fc): inserted, as section 11(1)(fb), on 30 October 2003, by section 7(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
37 (2) (3) Part 3 s 12 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 11(1)(fc) paragraph number: substituted, on 20 September 2007, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

Section 11(2): added, on 30 October 2003, by section 7(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 11(2): amended, on 20 April 2010, by section 6 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).

Section 11(3): added, as section 11(2), on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 11(3) subsection number: substituted, on 20 September 2007, by sec- tion 4(2) of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).
Powers, functions, and duties of enforcement officers Any enforcement officer may, in relation to the powers, func- tions, and duties specified in the enforcement officer’s warrant of appointment,— (a) give advice and information on the provisions of this Act: promote and monitor compliance with the provisions of this Act: provide information to the Authority if requested to do so by the Authority: carry out any powers, functions, and duties conferred on enforcement officers by or under this Act.
(b) (c) (d) General duty Every person who imports, possesses, or uses a hazardous sub- stance or new organism shall ensure that— (a) any adverse effect caused by an act or omission of that person in relation to that substance or organism on any other person or the environment is avoided, remedied, or mitigated; and no action or omission by that person will contravene any requirement or control on that substance or organism imposed by this Act.
(b) The duty imposed in accordance with subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.
12 13 (1) (2) 38 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 4 s 15 (3) Notwithstanding subsection (2), a compliance order may be served on any person requiring that person to cease or pro- hibiting that person from commencing anything done or to be done by or on behalf of that person that in the opinion of the enforcement officer relates to any hazardous substance or new organism and is or is likely to be dangerous to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment.
Part 4 Environmental Risk Management Authority 14 (1) (2) (3) Establishment of Authority There is hereby established an Authority to be called the En- vironmental Risk Management Authority.

The Authority is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

The Crown Entities Act 2004 applies to the Authority except to the extent that this Act expressly provides otherwise.
Section 14(2): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 14(3): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

15 Membership of Authority (1) The Authority must have no fewer than 6, and no more than 8, members.

(2) Members of the Authority are the board for the purposes of the Crown Entities Act 2004.
(3) Members of the Authority hold office for 5 years or any shorter (4) period stated in the notice of appointment.

Subsection (3) applies despite section 32(1)(a) of the Crown Entities Act 2004.

Section 15: substituted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).
39 Part 4 s 16 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Eligibility for appointment as member of Authority 16 (1) When considering whether a person is suitable to be appointed as a member of the Authority, the Minister shall ensure that the membership includes a balanced mix of knowledge and experience in matters likely to come before the Authority.

In subsection (1), matters includes matters relating to the Treaty of Waitangi and tikanga Māori.
Subsection (1) does not limit section 29 of the Crown Entities Act 2004.

Section 16(2): added, on 30 October 2003, by section 8 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).

(3) (2) Section 16(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Restriction on Ministerial direction The Minister may not give a direction under section 104 of the Crown Entities Act 2004 that relates to the exercise of any power, duty, or function of the Authority under Part 5 or Part 6A of this Act.

Section 17: substituted, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

Section 17: amended, on 22 December 2005, by section 5 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Further provisions applying in respect of Authority The provisions set out in Schedule 1 shall apply in respect of the Authority.
Delegation by Authority The Authority may, in writing, delegate to any person, whether or not that person is a member of the Authority, any of the Au- thority’s functions, powers, or duties under this Act, on such conditions as the Authority thinks fit, except— (a) (b) the fixing of charges under section 21; and any power that may be delegated under subsection (2); and this power of delegation.
(c) The Authority may delegate in writing, on such terms and con- ditions as the Authority thinks fit,— 17 18 19 (1) (2) 40 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 4 s 19 (a) (b) (ba) (bb) (bc) (bd) (c) (ca) the power to conduct a rapid assessment under any of sections 35, 38BA, 42, 42A, 42B, or 42C to any person, whether or not that person is a member of the Authority: the power to hear and decide any other application made under Part 5 or Part 6A to any committee appointed for that purpose in accordance with Schedule 1: the power to assess and approve an application under section 38I(1) for the release of a qualifying organism to the responsible chief executive: the power to determine whether a medicine or veterin- ary medicine is a qualifying medicine or qualifying vet- erinary medicine to the responsible chief executive: the power to review and amend controls under section 38L in relation to qualifying medicines and qualifying veterinary medicines to the responsible chief executive: the power to impose controls under section 45(2) in re- lation to a genetically modified human cell to which sec- tion 55 of the Hazardous Substances and New Organ- isms Amendment Act 2003 applies: the power to decide any application for permission or other matter under Parts 11 to 16 to— (i) any employee of the Ministry of Agriculture and Forestry, or of any person specified in section 97, with relevant experience in the subject matter of the application; or if there is no employee
 with that relevant experi- ence, any other person with that relevant experi- ence, whether or not that person is a member of the Authority: (ii) the power to grant an extension of an exemption under section 25C(2) to— (i) any employee of a person specified in section 97 with relevant experience; or if there is no employee with relevant experi- ence, any other person with relevant experience, whether or not that person is a member of the Authority: (ii) 41 Part 4 s 19 Hazardous Substances and New Organisms Act
 1996 Reprinted as at 20 April 2010 (cb) (d) (e) (f) (g) (h) the power to decide any application under section 28, if it is not publicly notified under section 53(2), to its chief executive: the power to conduct a rapid assessment under section 28A to its chief executive: the power to hear and decide any application made under section 31 to its chief executive: the power to hear and decide an application made under section 83 for approval as a test certifier to any person, whether or not that person is a member of the Authority: the power to appoint an enforcement officer under sec- tion 99(3)(a) to its chief executive: the power to decide any application for any permission or licence under Part 6, or the revocation of any permis- sion or licence under that Part, to— (i) any employee of the Ministry of Agriculture and Forestry, any Medical Officer of Health (as de- fined in section 2(1) of the Health Act 1956), or any employee of any person specified in section 97, or any enforcement officer, with relevant ex- perience in the subject matter of the application or the permission or licence; or if there is no employee or enforcement officer with the relevant experience, any other person with the relevant experience, whether or not that person is a member of the Authority: (ii) (ha) (i) the power to revoke a test certificate under section 82C to its chief executive: the power to decide any application for any licence under Part 6, or the revocation of any licence under that Part, to any test certifier approved under section 84.
Every decision made in accordance with a delegation under this section shall be treated in all respects as though it were a decision of the Authority.

Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
(3) (4) 42 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 4 s 19 (5) A delegation under this section shall be revocable at will, and no such delegation shall prevent the performance or exercise of any function, power, or duty by the Authority.
(5A) A delegate to whom any function or power is delegated under this section may delegate the function or power only— (a) (b) with the prior written consent of the Authority; and subject to the same restrictions, and with the same ef- fect, as if the subdelegate were the delegate.

(6) (7) Every delegation under subsection (2) must be available for public inspection at the office of the Authority during ordinary office hours.

Sections 73 to 76 of the Crown Entities Act 2004 do not apply to the Authority.
Section 19(1): amended, on 20 April 2010, by section 7(1) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 19(1)(b): substituted, on 20 April 2010, by section 7(2) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 19(2): amended, on 20 April 2010, by section 7(3) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 19(2)(a): amended, on 20 April 2010, by section 7(4) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 19(2)(a): amended, on 30 October 2003, by section 9(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 19(2)(b): amended, on 22 December 2005, by section 6(1) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).
Section 19(2)(ba): inserted, on 30 October 2003, by section 9(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 19(2)(bb): inserted, on 30 October 2003, by section 9(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 19(2)(bc): inserted, on 30 October 2003, by section 9(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 19(2)(bd): inserted, on 30 October 2003, by section 9(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 19(2)(c): added, on 31 December 2000, by section 6(1) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 19(2)(ca): inserted, on 23 December 2004, by section 6 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
Section 19(2)(cb): inserted, on 20 April 2010, by section 7(5) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 19(2)(d): added, on 31 December 2000, by section 6(1) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
43 Part 4 s 20 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 19(2)(e): added, on 31 December 2000, by section 6(1) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 19(2)(f): added, on 31 December 2000, by section 6(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 19(2)(g): added, on 31 December 2000, by section 6(1) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 19(2)(h): added, on 24 March 2004, by section 4 of the Hazardous Sub- stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

Section 19(2)(ha): inserted, on 22 December 2005, by section 6(2) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).
Section 19(2)(ha): amended, on 20 April 2010, by section 7(6) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 19(2)(i): added, on 24 March 2004, by section 4 of the Hazardous Sub- stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

Section 19(3): amended, on 20 April 2010, by section 7(7) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 19(5A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 19(6): added, on 31 December 2000, by section 6(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 19(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

20 (1) (2) Obligation to prepare and maintain register The Authority shall keep a register of all applications made to the Authority.
The register shall specify— (a) (b) the name and address of the applicant: a sufficient description of the substance or organism to uniquely identify that substance or organism: the purpose of the application: if applicable, the project concerned: (c) (ca) (d) whether the application was approved or declined: (e) any controls attached to the approval by the Author- ity, including any associated permissions granted under section 95A and any associated licences granted under section 95B: all the controls on a hazardous substance, whether the controls are imposed under this Act or any other Act.
(f) 44 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 4 s 21 (3) The register shall also record the details of any list of low-risk organisms issued by the Authority.

(4) Any decision by the Authority to approve the importation for release or development of any organism as a low-risk organism (other than an organism which is listed as a low-risk organism), shall also be included in the register.
Every person shall have the right to inspect the register during the ordinary office hours of the Authority.

Section 20(2)(ca): inserted, on 30 October 2003, by section 10 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

(5) Section 20(2)(e): amended, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).
20A Register of exposure limits for substances with toxic or (1) (2) (3) 21 (1) ecotoxic properties The Authority must keep and maintain a register of all expos- ure limits set under this Act for substances with toxic or eco- toxic properties.
The register must specify— (a) (b) (c) the type of exposure limit: the value of the exposure limit: the hazardous substance that the exposure limit will apply to: if the exposure limit applies to any element or com- pound making up the hazardous substance, the element or compound that the exposure limit will apply to.

Every person has the right to inspect the register during the ordinary office hours of the Authority.
Section 20A: inserted, on 22 December 2005, by section 7 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
(d) Charges The Authority may from time to time— (a) fix the charges— (i) on a scale of charges for exercising or performing any function, power, or duty under this Act; or 45 Part 4 s 22 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (ii) based on the time involved in exercising or per- forming any function, power, or duty under this Act— (2) so as to recover the actual and reasonable costs incurred in the exercise of that function, power, or duty; and specify the persons liable to pay the charge.
(b) Before any charges are fixed pursuant to subsection (1), the Authority shall— (a) publicly notify the charges it proposes to fix and the persons who are liable to pay the charge; and allow such period of time as the Authority thinks fit for any person who may be liable to pay the proposed charge to comment in writing to the Authority on whether or not the proposed charges are reasonable; and consider any comments received in accordance with paragraph (b).
(b) (c) (3) The Authority shall, after fixing any charges in accordance with this section, publicly notify the charges.

(4) Where the Authority fixes a scale of charges or a charge based on time, the Authority shall provide an estimate of the full charge payable by any person upon request by that person.
(5) Any charge payable under this section by any person in re- spect of the completed exercise or performance of any func- tion, power, or duty by the Authority shall, until paid in full and remitted to the Authority, constitute a debt due to the Au- thority, and may be recovered in any court of competent juris- diction.
22 (1) Payments in advance The Authority may estimate the charge payable in respect of the exercise or performance of any function, power, or duty and require that estimated charge or part of that estimated charge to be paid in full before the Authority exercises or per- forms the function, power, or duty to which that charge relates.
(2) Where the actual and reasonable costs of exercising or per- forming any function, power, or duty,— 46 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 4A s 24A 23 24 (a) (b) exceed the amount paid in advance, the difference be- tween the amount paid and the actual and reasonable costs shall be a debt and the provisions of section 21(5) shall apply: are less than the amount paid in advance, the Authority shall refund the difference between the amount paid and the actual and reasonable costs.
Fees for local authorities Any local authority may prescribe fees by bylaw or resolution in accordance with section 150 of the Local Government Act 2002 for the exercise or performance by the local authority of any power, function, or duty under this Act.

Section 23: amended, on 22 December 2005, by section 8 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Section 23: amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).
Power to request information The Authority may from time to time request any person who in the Authority’s opinion is able to give any information relat- ing to any significant incident or emergency or likely signifi- cant incident or emergency involving a hazardous substance or new organism which is the subject of an inquiry by the Au- thority under section 11(e), to furnish to the Authority any such information and to produce any documents or papers or things which in the Authority’s opinion relate to any such matter and which may be in the possession or under the control of that person.
Part 4A Nga Kaihautu Tikanga Taiao Part 4A: inserted, on 30 October 2003, by section 11 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).

24A Establishment of Nga Kaihautu Tikanga Taiao This section establishes a committee to be called Nga Kaihautu Tikanga Taiao.
47 Part 4A s 24B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 24A: inserted, on 30 October 2003, by section 11 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

24B Function of Nga Kaihautu Tikanga Taiao (1) The function of Nga Kaihautu Tikanga Taiao is to provide ad- vice and assistance to the Authority as sought by the Authority on matters relating to policy, process, and applications.
The advice and assistance must be given from the Māori per- spective and come within terms of reference set by the Author- ity for Nga Kaihautu Tikanga Taiao.

Section 24B: inserted, on 30 October 2003, by section 11 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

(2) 24C Appointment and remuneration of members and chair (1) The Authority must appoint not fewer than 4 and not more than 8 members of Nga Kaihautu Tikanga Taiao.
The Authority must appoint one of the members to be the chairperson of Nga Kaihautu Tikanga Taiao.

The members of Nga Kaihautu Tikanga Taiao are entitled to be paid remuneration at a rate set by the Authority.

Section 24C: inserted, on 30 October 2003, by section 11 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(2) (3) 24D Review of terms of reference The Authority must, at intervals of not more than 3 years, re- view the terms of reference set by it for Nga Kaihautu Tikanga Taiao.

Section 24D: inserted, on 30 October 2003, by section 11 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Part 5 Assessment of hazardous substances and new organisms Prohibition of import, etc, and types of approval 25AA This Part subject to Part 5A [Repealed] Section 25AA: repealed, on 30 October 2003, by section 13(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
48 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 25 25 Restriction of import, manufacture, development, field testing, or release (1) No— (a) (b) hazardous substance shall be imported, or manufac- tured: new organism shall be imported, developed, field tested, or released— otherwise than in accordance with an approval issued under this Act or in accordance with Parts 11 to 16.
(1A) Subsection (1)(b) does not apply to— (a) (b) the importation of an incidentally imported new organ- ism, if it is imported in or on goods lawfully imported under the Biosecurity Act 1993; or the movement or use of those goods, together with any new organisms incidentally imported while they remain in or on those goods, after their importation.
(1B) The department responsible for administering the Biosecurity Act 1993 or its agents, and any other departments recognised by the responsible Minister under section 101(2) of that Act or their agents may, despite subsection (1)(b), isolate, aggre- gate, multiply, or use an incidentally imported new organism for the purpose of identifying, managing, or eradicating that organism.
(2) No approval shall be issued to import, develop, field test, or (3) (4) (5) release any new organism specified in Schedule 2.

If an organism has a conditional release approval, no further approvals are required for the conditional release of the organ- ism on the same conditions.

If an organism has an approval for importation into contain- ment, no further approvals are required for the importation into containment of the organism.
The restriction on the importation of a new organism does not apply to biological material of the organism that cannot, with- out human intervention, be used to reproduce the organism.
(6) No person may do any of the things specified in subsection (1)(a) or (b) in relation to any hazardous substance or new or- ganism that is the subject of an innovative agricultural com- pound application or an innovative medicine application un- 49 Part 5 s 25A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (7) (8) less the person has applied for and been granted an approval to do that thing.
Subsection (6) ceases to apply in respect of a hazardous sub- stance or new organism on the date that section 55(3) to (4B) ceases to apply either to the Authority or to any information held by the Authority in relation to the hazardous substance or new organism concerned.
In this section,— innovative agricultural compound application has the same meaning as in section 72 of the Agricultural Compounds and Veterinary Medicines Act 1997 innovative medicine application has the same meaning as in section 23A of the Medicines Act 1981.

Section 25 heading: amended, on 9 April 2008, by section 6(1) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).
Section 25(1A): inserted, on 9 April 2008, by section 6(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 25(1B): inserted, on 9 April 2008, by section 6(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 25(2): amended, on 30 October 2003, by section 12(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 25(3): substituted, on 30 October 2003, by section 12(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 25(4): added, on 30 October 2003, by section 12(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 25(5): added, on 30 October 2003, by section 12(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 25(5): amended, on 9 April 2008, by section 6(3) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

Section 25(6): added, on 30 October 2003, by section 12(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 25(7): added, on 30 October 2003, by section 12(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 25(8): added, on 30 October 2003, by section 12(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
25A Prohibition of import, manufacture, or use of persistent organic pollutants (1) No persistent organic pollutant is to be imported or manufac- tured, and no approval is to be issued to import or manufacture a persistent organic pollutant, except as provided by— 50 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 25C (a) (b) (c) section 29B; or section 30(a); or section 30(ba), but only for research in a laboratory.
(2) A persistent organic pollutant that is manufactured in New Zealand must not be used in New Zealand except for a use specified in Schedule 2A for the persistent organic pollutant.

Section 25A: inserted, on 23 December 2004, by section 7 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

25B Prohibition on storage of persistent organic pollutants (1) A persistent organic pollutant must not be stored in New Zealand.
(2) However, subsection (1) does not apply to— (a) (b) a persistent organic pollutant stored in accordance with conditions specified by the Authority by notice in the Gazette; or a persistent organic pollutant in respect of which storage is specified in Schedule 2A.

Section 25B: inserted, on 23 December 2004, by section 7 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
Section 25B(2)(a): amended, on 22 December 2005, by section 9 of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).
25C Continuation of certain exemptions under Toxic (1) Substances Regulations 1983 For the purposes of sections 25A and 25B and Schedule 2A, an exemption granted under regulation 49I or regulation 49J of the Toxic Substances Regulations 1983 that is in force immediately before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 continues— (a) on the same terms and conditions as in force at that time; and until the expiry of— (i) (ii) the exemption; or an extension of the exemption (being not later than the close of 2016).
(b) 51 Part 5 s 25D Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (2) The Authority may grant an extension of an exemption for the purposes of subsection (1)(b)(ii).

Section 25C: inserted, on 23 December 2004, by section 7 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
25D Use of persistent organic pollutants imported or (1) manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 This section applies to persistent organic pollutants imported or manufactured before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003.
(2) No person may use a persistent organic pollutant for a use not specified in Schedule 2A if the Authority has issued a direc- tion, by notice in the Gazette, restricting the use of the persist- ent organic pollutant to the use in that schedule for the persist- ent organic pollutant.
This section does not prevent approvals being granted under— (a) (b) Section 25D: inserted, on 23 December 2004, by section 7 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

section 30(a); and section 30(ba), but only for research in a laboratory.
(3) Determination of new organism or hazardous substance The Authority may, by notice in the Gazette, on application by any person, determine whether or not any organism is a new organism, or (without limiting any regulations made under section 74(b)) whether or not any substance is a hazardous sub- stance.
Before issuing such a determination, the Authority shall have regard to— (a) (b) any information held by the Authority; and any information held by any department listed in Sched- ule 1 of the State Sector Act 1988 and any Crown entity; and any information provided by the applicant.
(c) 26 (1) (2) 52 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 27 (3) Any determination issued by the Authority under subsection (1) may be revoked or reissued on receipt of further informa- tion by the Authority.

Section 26 heading: amended, on 2 July 2001, by section 7(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 26(1): amended, on 2 July 2001, by section 7(1) of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).

Section 26(2)(b): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
27 Types of approval In this Act, the term approval means any of the following: (a) (b) (ba) (bb) (c) (d) (e) (f) an approval to import or manufacture a hazardous sub- stance for release: an approval to import for release or release from con- tainment any new organism: a conditional release approval to import for release or release from containment a new organism: an approval to import for release or to release from con- tainment a qualifying organism: an approval to import any new organism into contain- ment, field test any new organism in containment, de- velop any new organism in containment: an approval to import any hazardous substance into con- tainment or manufacture any hazardous substance in containment: an approval to import or manufacture any hazardous substance for release in an emergency, import any new organism for release in an emergency, or release any new organism from containment in an emergency: an approval to import an agricultural compound or medicine for release in a special emergency, release an agricultural compound or medicine from containment in a special emergency, or use an agricultural com- pound or a medicine in a special emergency.
Section 27(ba): inserted, on 30 October 2003, by section 14(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 27(bb): inserted, on 30 October 2003, by section 14(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 27(f): added, on 30 October 2003, by section 14(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
53 Part 5 s 27A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 27A Approvals at any taxonomic classification (1) An approval referred to in section 27(b), (ba), (bb), or (c) may be granted for a new organism at any taxonomic classification that the Authority thinks fit.

(2) An approval that is granted for a new organism (that is not a genetically modified organism) in a taxonomic classification applies to all the organisms in the taxonomic classification.
(3) An approval that is granted for a genetically modified organ- ism in a taxonomic classification applies only to organisms in the taxonomic classification with the same genetic modifica- tion as specified in the approval.

(4) Despite subsections (2) and (3), an approval may exclude any organism or groups of organisms from its scope.

Section 27A: inserted, on 30 October 2003, by section 15 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Approvals for hazardous substances 28 Application for approval to import or manufacture hazardous substances (1) Unless an approval under section 28A or section 29 applies to the importation or manufacture of the substance, every person intending to— (a) import; or (b) manufacture— a hazardous substance otherwise than in containment shall, before importation or manufacture, apply to the Authority for approval to import or manufacture that substance.
Every application shall be in an approved form and shall in- clude— (a) (2) the unequivocal identification of the substance and its properties; and information on all the possible adverse effects of the substance on the environment; and information on the intended uses of the substance throughout the life cycle of the substance; and information on methods for disposal of the substance; and (b) (c) (d) 54 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 28A (e) information on all occasions where the substance has been considered by the government of any prescribed State or country or any prescribed organisation and the results of such consideration; and such other information as may be prescribed.
(f) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec- laration.

(3) (4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Section 28(1): amended, on 2 July 2001, by section 8(1) of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).
Section 28(2): amended, on 2 July 2001, by section 8(2) of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).
28A Rapid assessment for importation or manufacture of hazardous substances (1) When the Authority receives an application under section 28 in respect of a hazardous substance, and the applicant has veri- fied the information contained in the application by statutory declaration, the Authority may make a rapid assessment of the adverse effects of importing or manufacturing the substance.
The Authority may approve a hazardous substance under this section if the Authority is satisfied that— (a) (2) (b) (c) a substance having a similar composition and similar hazardous properties has been approved; or the substance has 1 or more hazardous properties and each hazardous property has the least degree of hazard for that property; or the substance has been formulated so that 1 or more of its hazardous properties has a lesser degree of hazard than any substance that has been approved under this Act.
(3) (4) Sections 77, 77A, and 77B apply to a hazardous substance approved by the Authority under this section as if the approval had been given under section 29.

If the Authority does not approve a hazardous substance under this section the application under section 28 may be deter- mined under section 29.
55 Part 5 s 29 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 28A: inserted, on 2 July 2001, by section 9 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 28A(2)(b): amended, on 22 December 2005, by section 10(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Section 28A(2)(c): added, on 22 December 2005, by section 10(1) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).

Section 28A(3): amended, on 22 December 2005, by section 10(2) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).
Determination of applications 29 (1) After considering any application for approval made under section 28 the Authority may, in its discretion,— (a) approve the application if, after taking into account— any controls which may be imposed on the sub- (i) stance; and all effects of the substance during the lifecycle of that substance; and the likely effects of the substance being unavail- able,— (iii) (ii) (b) (c) the positive effects of the substance outweigh the ad- verse effects; or decline the application if, after taking into account— (i) any controls which may be imposed on the sub- stance; and all effects of the substance during the lifecycle of that substance; and the likely effects of the substance being unavail- able,— (ii) (iii) the adverse effects of the substance outweigh the posi- tive effects; or decline the application if insufficient information is available to enable the Authority to determine the adverse effects of the substance.
The provisions of sections 77, 77A, and 77B shall apply to any substance approved by the Authority under subsection (1).

The Authority shall give its decision in writing, including rea- sons for the decision, give written notice of the decision to the (2) (3) 56 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 30 applicant and every person who made a submission, and pub- licly notify it.
Section 29(2): amended, on 22 December 2005, by section 11 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

29A Approvals for innovative agricultural compounds and medicines [Repealed] Section 29A: repealed, on 30 October 2003, by section 16(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
29B Applications relating to persistent organic pollutants (1) An application to import a persistent organic pollutant may be granted,— (a) (b) if a use for the persistent organic pollutant is specified in Schedule 2A, only for that use; or if no use for the persistent organic pollutant is specified in Schedule 2A, only for the purpose of environmentally sound disposal.
(2) An application to manufacture a persistent organic pollutant may be granted if manufacture for the persistent organic pol- lutant is specified in Schedule 2A.

Section 29B: inserted, on 23 December 2004, by section 8 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
Containment approvals for hazardous substances 30 Importing hazardous substances in containment The Authority may approve the manufacture or importation of any hazardous substance in containment for any of the follow- ing purposes: (a) small amounts of any hazardous substance for use as analytical standards where— (i) approval to import or manufacture that substance has been declined; or the substance is a persistent organic pollutant; or (ii) 57 Part 5 s 31 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) (ba) (c) (ca) research on any hazardous substance to acquire infor- mation for use in assessing that substance in accordance with this Part; or research and development on any hazardous substance; or use in an emergency under this or any other Act; or formulating, relabelling, repackaging, or storing any hazardous substance for export to a destination outside New Zealand; or (d) such other purposes as the Authority thinks fit.
Section 30(a): substituted, on 23 December 2004, by section 9 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

Section 30(ba): inserted, on 2 July 2001, by section 11 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).

Section 30(ca): inserted, on 22 December 2005, by section 12 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Application for hazardous substance containment approval Every person intending— (a) to import into containment; or (b) manufacture in containment— any hazardous substance shall, before importation or manufac- ture, apply to the Authority for approval to import or manufac- ture that substance.
Every application shall be in an approved form and shall in- clude— (a) identification of the substance for which approval is sought: the purpose for which approval is sought: the quantity of the substance proposed to be imported or manufactured: information on all occasions where the substance has been considered by the government of any prescribed State or country or any prescribed organisation and the results of such consideration: such other information as may be prescribed: (b) (c) (d) (e) 31 (1) (2) 58 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 33 (f) all information known to the applicant relating to the effects of the substance throughout the lifecycle of the substance: information on the proposed containment system.
(g) The Authority may, by written notice given to the applicant, require the applicant to verify any application by statutory dec- laration.

(3) (4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Section 31(2): amended, on 2 July 2001, by section 12 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).
Decision on application 32 (1) After considering any application for approval made under section 31, the Authority may grant the application if the ap- plication is for one of the purposes specified in section 30 and the Authority is satisfied that the substance can be adequately contained.
(2) An approval under this section— (3) (a) must include controls that provide for each of the ap- plicable matters specified in Schedule 3; and (b) may include controls that provide for any other matters in order to give effect to the purpose of this Act.

The Authority shall give its decision, in writing, including rea- sons for the decision, give written notice of the decision to the applicant and every person who made a submission, and pub- licly notify it.
Section 32(2): substituted, on 2 July 2001, by section 13 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).
33 Exemptions from Act for small-scale research on hazardous substances (1) Nothing in this Act applies to any small-scale use of hazardous substances in research and development or teaching if— (a) the use occurs in a laboratory that meets the prescribed requirements; and the use does not create or involve a hazardous substance for which any application for approval has been de- clined under this Act; and (b) 59 Part 5 s 33 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (ba) (c) (d) the use does not create or involve a persistent organic pollutant; and the importation, storage, and transportation of the haz- ardous substances each meets the prescribed require- ments; and no such hazardous substance, nor any substance created from that use, is sold as a substance or in a product con- taining or derived from that substance, except as pro- vided for in subsection (2).
(2) A hazardous substance, or any substance created from the use of that hazardous substance, referred to in subsection (1) may be sold as a substance or in a product containing or derived from that substance only if it is sold to— (a) a laboratory in New Zealand that meets the prescribed requirements: a laboratory outside New Zealand, but only if— (i) (b) (ii) the hazardous substance or the substance has been sold to the laboratory outside New Zealand by a laboratory in New Zealand that meets the prescribed requirements; and the laboratory in New Zealand holds evidence that the hazardous substance or the substance will be used by the laboratory outside New Zealand in research and development or training, and pro- duces that evidence if requested to do so by the Authority.
Section 33: substituted, on 2 July 2001, by section 14 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).

Section 33(1)(ba): inserted, on 23 December 2004, by section 10 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

Section 33(1)(d): amended, on 22 December 2005, by section 13(1) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).
Section 33(2): added, on 22 December 2005, by section 13(2) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
60 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 34A Assessment of new organisms for importation or release 34 (1) (2) (3) to import for release; or to release from containment— Application for approval to import or release Every person intending— (a) (b) any new organism shall, before importation or release, apply, under this section or under section 38A, to the Authority for approval to import or release.
Every application under this section shall be in an approved form and shall include— (a) (b) any information prescribed; and information on all occasions where the organism has been considered by the government of any prescribed State or country or by any prescribed organisation and the results of such consideration; and the identification of the organism; and any likely inseparable organisms; and all the possible adverse effects of the organism on the environment; and the affinities of the organism with other organisms in New Zealand; and the potential use for the organism.
(g) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec- laration.

(c) (d) (e) (f) (4) Any applicant may, by written notice to the Authority, with- draw the application at any time.

Section 34(1): amended, on 30 October 2003, by section 17(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 34(2): amended, on 30 October 2003, by section 17(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 34(2): amended, on 31 December 2000, by section 15 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
34A Applications for conditional release and for release in (1) respect of same new organism The user of a conditional release approval may, at or after the time of applying for the approval, apply to the Authority for 61 Part 5 s 35 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (2) (3) approval to release the new organism at the expiry of the con- ditional release approval.
The application must be treated as if it were an application under section 34 to release the new organism from contain- ment.

If the application is granted, the approval takes effect imme- diately after the expiry of the conditional release approval.

Section 34A: inserted, on 30 October 2003, by section 18 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
35 Rapid assessment of risk for importation of new organisms (1) Where the Authority receives an application under section 34 to import a new organism that is not a genetically modified or- ganism for release, the Authority may make a rapid assessment of the adverse effects of importing that organism in accordance with subsections (2) and (3).
If the Authority is satisfied that— (a) (2) (b) the organism is not an unwanted organism as defined in the Biosecurity Act 1993; and it is highly improbable that the organism, after re- lease,— (i) could form self-sustaining populations anywhere in New Zealand, taking into account the ease of eradication; or could displace or reduce a valued species; or (ii) (iii) could cause deterioration of natural habitats; or (iv) will be disease-causing or be a parasite, or be a vector or reservoir for human, plant, or animal disease; or (v) will have any adverse effects on human health and safety or the environment,— the Authority may approve the application without controls.
If the Authority is satisfied that— (a) the organism is an unwanted organism as defined in the Biosecurity Act 1993; or the organism is likely to fail the minimum standards specified in section 36— (b) (3) 62 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 37 (4) the Authority may, subject to subsection (5), decline the appli- cation.
If the Authority considers that the application should not be approved under subsection (2), then the application may be determined under section 38.

(5) Where any person appointed by the Authority to conduct a rapid assessment of risk declines an application under subsec- tion (3), the applicant may request the Authority to continue the assessment and determine the application in accordance with section 38.
36 Minimum standards The Authority shall decline the application, if the new organ- ism is likely to— (a) (b) (c) (d) (e) cause any significant displacement of any native species within its natural habitat; or cause any significant deterioration of natural habitats; or cause any significant adverse effects on human health and safety; or cause any significant adverse effect to New Zealand’s inherent genetic diversity; or cause disease, be parasitic, or become a vector for human, animal, or plant disease, unless the purpose of that importation or release is to import or release an organism to cause disease, be a parasite, or a vector for disease.
37 Additional matters to be considered The Authority, when making a decision under section 38, shall have regard to— (a) the ability of the organism to establish an undesirable self-sustaining population; and the ease with which the organism could be eradicated if it established an undesirable self-sustaining population.
(b) 63 Part 5 s 38 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 38 (1) Determination of applications to import or release If an application made under section 34 is not granted under section 35 or any other section, the Authority may, in its dis- cretion,— (a) approve the application if— (i) (b) decline the application if— (i) (ii) (ii) (iii) the organism meets the minimum standards set out in section 36; and after taking into account all the effects of the or- ganism, the effects of any inseparable organism and the matters in section 37, the positive effects of the organism outweigh the adverse effects of the organism and any inseparable organism; or the organism fails to meet the said minimum standards; or after taking into account all the effects of the or- ganism, the effects of any inseparable organism, and the matters in section 37, the adverse effects of the organism and any inseparable organism outweigh the positive effects; or insufficient information is available to enable the Authority to assess the adverse effects of the or- ganism.
(2) An approval under subsection (1) must be granted without controls.

(3) Any approval to import an organism for release or to release an organism from containment shall lapse 5 years after the date of the approval unless— (a) (b) the organism is sooner released; or the Authority, following an application by any person before the expiry of the time limit, extends the time limit for a further period of up to 5 years.
(3A) However, subsection (3) does not apply to an approval under this section that takes effect on the expiry of a conditional re- lease approval.

Every person who releases an organism in accordance with an approval given under this section within 5 years after the date of that approval shall, unless the requirement is waived by the (4) 64 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 38A (5) Authority, notify the Authority within 1 month after the date of release.
The Authority shall give its decision in writing, including rea- sons for the decision, give written notice of the decision to the applicant and every person who made a submission, and pub- licly notify it.

Section 38(1): amended, on 30 October 2003, by section 19(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 38(2): substituted, on 30 October 2003, by section 19(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 38(3A): inserted, on 30 October 2003, by section 19(3) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Conditional release of new organisms Heading: inserted, on 30 October 2003, by section 20 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).
38A Application for approval to import or release new organism with controls (1) A person may apply to the Authority for a conditional release approval to import for release or to release from containment a new organism with controls.
(2) An application for a conditional release approval must be in the approved form and must include— (a) (b) all prescribed information (if any); and information on all occasions where the organism has been considered by the government of any prescribed State or country or by any prescribed organisation and the results of the consideration; and the identification of the organism; and any likely inseparable organisms; and all the possible adverse effects of the organism on the environment; and the affinities of the organism with other organisms in New Zealand; and the proposed use for the organism; and the controls that the applicant proposes the organism would be subject to on its release.
(c) (d) (e) (f) (g) (h) 65 Part 5 s 38B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (3) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec- laration.

(4) Any applicant may, by written notice to the Authority, with- draw the application at any time.

Section 38A: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38B Application under section 34 may be treated as application under section 38A The Authority may, with the agreement of the applicant, treat an application made under section 34 as if it were an applica- tion made under section 38A, and sections 38A, 38BA, 38C, and 53(1)(ab) apply accordingly.

Section 38B: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 38B: amended, on 20 April 2010, by section 8 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).

38BA Rapid assessment of risk for importation or release of new organisms with controls If the Authority receives an application under section 38A in respect of a new organism (other than a genetically modified organism), the Authority may make a rapid assessment of the adverse effects of importing the organism for release or releas- ing the organism from containment.
The Authority may approve the application and grant a condi- tional release approval with controls if the Authority is satis- fied that— (a) the organism is not an unwanted organism as defined in the Biosecurity Act 1993; and after the controls are imposed, the organism will comply with section 35(2)(b).

(b) Section 38BA: inserted, on 20 April 2010, by section 9 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
(1) (2) 66 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 38D 38C Determination of applications to import or release new (1) (2) (3) organisms with controls If an application made under section 38A is not approved under section 38BA, the Authority may approve the applica- tion and grant a conditional release approval with controls if the Authority determines that,— (a) after taking into account the matters in subsection (3), the new organism is likely to meet the minimum stand- ards set out in section 36; and there is sufficient information available to assess the ad- verse effects of the organism; and after taking into account the matters in subsection (2), the positive effects of the organism outweigh the ad- verse effects of the organism and any inseparable or- ganism.
(b) (c) (b) (c) The matters to be taken into account under subsection (1)(c) are— (a) all the effects of the organism and any inseparable or- ganism; and the ability of the organism to establish a self-sustaining population; and the ease with which the organism could be recovered or eradicated if it established an undesirable self-sustain- ing population; and all the controls that will be imposed on the organism.
(d) The matters to be taken into account in subsection (1)(a) are— the controls that will be imposed on the approval; and (a) (b) whether the controls are likely to be effective in meeting (c) the objective of the controls; and the ease with which the organism could be recovered or eradicated if it formed a self-sustaining population.

Section 38C: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 38C(1): amended, on 20 April 2010, by section 10 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
38D Controls (1) The controls that the Authority may impose on a conditional release approval include— 67 Part 5 s 38E Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) reporting, and controlling the extent and purposes for which organisms could be used: requiring any monitoring, auditing, record-keeping: imposing any obligation to comply with relevant codes of practice or standards (for example, to meet particular co-existence requirements): requiring contingency plans to be developed to manage potential incidents: limiting the dissemination or persistence of the organ- ism or its genetic material in the environment: requiring the disposal of any organisms or genetic ma- terial: limiting the proximity of the organism to other organ- isms, including those that could be at risk from the con- ditionally released organism: setting requirements that must be met for any material derived from the organism: imposing obligations on the user of an approval, includ- ing levels of training or knowledge, limits on the num- bers of users who may hold an approval, and the persons that they could deal with in respect of the organism: specifying the duration of the approval or of a control before requiring review by the Authority, and the nature of that review.
(2) Subsection (1) does not limit the type of controls the Authority may impose on a conditional release approval.

Section 38D: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

38E Duration of conditional release approval (1) A conditional release approval that expressly states that it does not expire expires on the close of the date on which the last control to which the approval relates expires.
In any other case, a conditional release approval expires on the earlier of the following: (a) (b) the date of expiry (if any) specified in the approval; or if no date of expiry is specified, 5 years after the date on which the approval is granted; or (2) 68 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 38G (c) the close of the date on which the last control to which the approval relates expires.
Section 38E: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

38F Consequences of expiry of conditional release approval On the expiry of a conditional release approval, the new organ- ism concerned must be disposed of unless, before the expiry of the approval, another approval has been granted under this Act.
Section 38F: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38G Review of controls on conditional release approval (1) The Authority may, on its own initiative or on the application of any user of a conditional release approval or of any person specified in section 97 or section 97A, review the controls that it has imposed on the conditional release approval, but only if— (a) the review is to amend a control so that it better meets the objective of the control; or the control included a review requirement specifying— the circumstances in which the control would be (i) reviewed; and the potential consequences of the review.
(ii) The Authority— (a) may carry out the review without publicly notifying the (b) (2) (b) review in accordance with section 53; but if it does so, must— (i) consult, and consider the views of, the Depart- ment of Conservation and any other government agency (as defined in section 49A) that the Au- thority considers is likely to have an interest in the review; and publicly notify the results of the review.

(ii) (3) This section does not limit section 67A.


Section 38G: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
69 Part 5 s 38H Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 38H Restriction on release of new organism subject to conditional release approval A person who did not obtain a conditional release approval for a new organism that is subject to a conditional release approval must not release the new organism in accordance with the ap- proval unless, before the release, the person has given notice in writing to the Authority of the proposed release.
Section 38H: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Release of qualifying organisms Heading: inserted, on 30 October 2003, by section 20 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).
38I Assessment of applications for release of qualifying organisms If the Authority receives an application under section 34 that relates to a qualifying organism, the Authority may— (a) make a rapid assessment of the adverse effects of im- porting for release or releasing from containment the qualifying organism; and approve the importation for release or the release from containment of the qualifying organism with or without controls.
(b) If the Authority does not approve an application under this sec- tion, the Authority must assess and determine the application under section 38.
The Authority or the responsible chief executive, as the case may be, may determine that a qualifying organism is or is contained in a qualifying medicine or a qualifying veterin- ary medicine only if satisfied that, taking into account all the controls that will be imposed (if any), it is highly improbable that— (a) the dose and routes of administration of the medicine or veterinary medicine would have significant adverse effects on— (i) (ii) the health of the public; or any valued species; and (1) (2) (3) 70 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 38J (b) the qualifying organism could form an undesirable self- sustaining population and would have significant ad- verse effects on— (i) (ii) (iii) (iv) the health and safety of the public; or any valued species; or natural habitats; or the environment.
(4) In determining under subsection (3) whether a qualifying or- ganism is or is contained in a qualifying medicine or a qualify- ing veterinary medicine, the following effects (if any) are not to be taken into account: (a) any effect of the medicine or qualifying organism on the person who is being treated with the medicine: any effect of the veterinary medicine or qualifying or- ganism on the animal that is being treated with the vet- erinary medicine.
(b) (5) An approval granted under this section is not an approval— (a) (b) to use a qualifying medicine until the medicine has been lawfully supplied for use under the Medicines Act 1981; or to use a qualifying veterinary medicine until the vet- erinary medicine has been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997.

Section 38I: inserted, on 30 October 2003, by section 20 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).
38J Procedure for assessing and approving application by responsible chief executive If the Authority has delegated to the responsible chief execu- tive its power to assess and approve an application under sec- tion 38 for the release of a qualifying organism, the responsible chief executive must— (a) be paid the fee set by the Authority for the assessment and approval of the application; and determine whether the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, as the case may be; and (b) 71 Part 5 s 38K Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (c) if the responsible chief executive is satisfied that the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, the re- sponsible chief executive may, with or without controls, approve the release of the qualifying organism.
Section 38J: inserted, on 30 October 2003, by section 20 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).
38K Controls (1) The type of controls that may be imposed on the importation for release or release from containment of a qualifying organ- ism include— (a) controls for the distribution of the qualifying medicine or qualifying veterinary medicine: controls providing for the methods of administering the qualifying medicine or qualifying veterinary medicine: controls concerning the persons who may adminis- ter the qualifying medicine or qualifying veterinary medicine: controls concerning the persons to whom the qualifying medicine may be administered: controls concerning the animals to which the qualifying veterinary medicine may be administered.
(b) (c) (d) (e) (2) Subsection (1) does not limit the type of controls that may be imposed on the importation for release or release from con- tainment of a qualifying organism.

Section 38K: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
38L Review of controls for qualifying organisms (1) The Authority may, on its own initiative or on the application of the holder of an approval under section 38I or of any person specified in section 97 or section 97A, review any controls that it has imposed on the approval, but only if— (a) the review is to amend a control so that it better meets the objective of the control; or the control included a review requirement specifying— the circumstances in which the control would be (i) reviewed; and (b) 72 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 39 (2) the potential consequences of the review.
(ii) The Authority— (a) may carry out the review without publicly notifying the (b) review in accordance with section 53; but if it does so, must— (i) consult, and consider the views of, any govern- ment agency (as defined in section 49A) that the Authority considers is likely to have an interest in the review; and publicly notify the results of the review.

(ii) (3) 39 (1) This section does not limit section 67A.
Section 38L: inserted, on 30 October 2003, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Containment approval for new organisms Importation or development of new organisms in containment The Authority may approve the importation, development, or field testing of any new organism into containment for the fol- lowing purposes: (a) (b) (c) maintaining a new organism for use in an emergency the development of any new organism: field testing any new organism: (d) (e) (f) (as defined in section 46): the conservation of any genetic material: the public display of any organism including, but not limited to, display in a circus or zoological garden: maintaining a new organism in containment to produce antigens, biopesticides, biopharmaceuticals, enzymes, hormones, or vaccines for release: (g) maintaining new organisms in containment for diagnos- tic purposes: such other purposes as the Authority thinks fit.
(h) (2) A decision by the Authority under section 38 or section 38C or section 38I to decline an application does not prevent the Authority from granting an approval to import a new organism into containment, develop a new organism in containment, or field test a new organism in containment for 1 or more of the purposes specified in subsection (1).
73 Part 5 s 40 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 If an application has been made to the Authority for a condi- tional release approval, any person may apply to the Authority for approval to put the organism into containment and the ap- plication— (a) must be treated in all respects as an application to import a new organism into containment; and (b) may be granted only for 1 or more of the purposes spe- cified in subsection (1).
If an application has been made to the Authority for an ap- proval under section 38I, any person may apply to the Author- ity for approval to put the qualifying organism into contain- ment, and the application— (a) must be treated in all respects as an application to import a new organism into containment; and (b) may be granted only for 1 or more of the purposes spe- cified in subsection (1).
Section 39(1)(a): amended, on 30 October 2003, by section 21(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 39(2): substituted, on 30 October 2003, by section 21(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 39(3): added, on 30 October 2003, by section 21(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 39(4): added, on 30 October 2003, by section 21(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Application for containment approval for new organisms Every person intending to import any new organism into con- tainment, or develop or field test any new organism in contain- ment, must apply to the Authority for approval to do so before importing, developing, or field testing the organism.
Every application shall be in an approved form and shall in- clude any information prescribed, information on all occasions where the organism has been considered by the government of any prescribed State or country, or by any prescribed organisa- tion, and the results of such consideration, information about the containment system for the organism, and,— (a) for the development of a genetically modified organ- ism,— (i) the identification of the organism; and (3) (4) 40 (1) (2) 74 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 41 (ii) (iii) (iv) (v) the description of the project and the experimen- tal procedures to be used; and the details of the biological material to be used; and the expression of foreign nucleic acid material; and all the possible adverse effects of the organism on the environment: (b) for field testing of a genetically modified organism,— (i) (ii) (iii) the identification of the organism; and the purposes of the field testing; and the genetic modifications of the organism to be tested; and the nature and method of field trials and the ex- perimental procedures to be used; and all the possible adverse effects of the organism on the environment.
(iv) (v) (3) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec- laration.

(4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Section 40(1): substituted, on 20 April 2010, by section 11 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 40(2): amended, on 31 December 2000, by section 16 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 40(2)(a)(iv): amended, on 7 May 1999, by section 4 of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 40(2)(b): amended, on 30 October 2003, by section 22 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 40(2)(b)(ii): amended, on 30 October 2003, by section 22 of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
41 Assessment of adverse effects of developing genetically modified organisms The Governor-General may, from time to time, by Order in Council, make regulations— (a) specifying the procedures and methods for assessing the probability that an adverse effect will occur from ge- netic modification of an organism: 75 Part 5 s 42 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) (c) specifying the probability that adverse effects will occur from specified development procedures: specifying the circumstances in which genetic modifi- cation of an organism is a low risk genetic modification.
42 Rapid assessment of adverse effects for development of genetically modified organisms (1) Where the Authority receives an application under section 40 to develop a genetically modified organism in containment, the Authority may make a rapid assessment of the adverse effects of developing that organism.
If the Authority is satisfied that any development meets the criteria for a low-risk genetic modification specified in regu- lations made under section 41, the Authority may approve the application and impose such controls providing for each of the matters specified in Schedule 3 as the Authority thinks fit.
(2) 42A Rapid assessment of projects for low-risk genetic modification (1) An application made under section 40 to develop a new organ- ism in containment may, instead of specifying the information required by or under section 40(2), describe— (a) a project for the development of genetically modified organisms; and the identity of the host organisms; and the nature and range of the proposed genetic modifica- tions.
(b) (c) (2) After the Authority receives an application under section 40 that complies with subsection (1), the Authority may make a rapid assessment of the adverse effects of carrying out the project if it is satisfied that— (a) any host organism specified for the project meets the cri- teria for host organisms prescribed in regulations made under section 41; and any genetic modification specified for the project meets the criteria for genetic modification procedures pre- scribed in regulations made under section 41.
(b) If the Authority has completed a rapid assessment under sub- section (2), the Authority may— (3) 76 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 42C (a) (b) (c) approve the application; and impose controls providing for each of the matters spe- cified in Schedule 3 as the Authority thinks fit; and direct the applicant to provide progress reports on the development at the times specified or required by the Authority.
Section 42A: inserted, on 30 October 2003, by section 23 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

42B Rapid assessment of adverse effects for importation of genetically modified organisms into containment (2) (1) After the Authority receives an application under section 40 to import a genetically modified organism into containment, the Authority may make a rapid assessment of the adverse effects of importing the organism.
If the Authority is satisfied that the importation meets the cri- teria for a low-risk genetic modification specified in regula- tions made under section 41, the Authority may approve the application and impose controls providing for each of the mat- ters specified in Schedule 3 as the Authority thinks fit.

Section 25(4) does not apply if an application is approved under this section by a person acting under delegated authority from the Authority under section 19(2)(a).
Section 42B: inserted, on 30 October 2003, by section 23 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(3) 42C Rapid assessment of adverse effects for development in (1) (2) containment, etc, of certain new organisms If the Authority receives an application under section 40 in respect of a new organism (other than a genetically modified organism), the Authority may make a rapid assessment of the adverse effects of importing the organism into containment, or of developing or field testing the organism in containment.
If the Authority is satisfied that the importation, development, or field testing is low-risk, in accordance with regulations made under subsection (3), the Authority may approve the application and impose controls providing for each of the matters specified in Part 2 of Schedule 3 as the Authority thinks fit.
77 Part 5 s 43 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (3) 43 44 The Governor-General may, by Order in Council, make regu- lations specifying the circumstances in which there is a low risk of adverse effects from— (a) importing a new organism (other than a genetically modified organism) into containment; or developing or field testing a new organism (other than a genetically modified organism) in containment.
Section 42C: inserted, on 20 April 2010, by section 12 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
(b) Additional matters to be considered when application made for developing new organisms in containment The Authority, when making a decision under section 45, must have regard to,— (a) in the case of an application made under section 40(1)(b) to genetically modify an organism, the matters specified in regulations made under section 41; and in the case of all applications made under section 40(1)(b), the matters specified in section 37.
(b) Section 43: substituted, on 30 October 2003, by section 24 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Additional matters to be considered on applications for importing and field testing of organisms The Authority, when making a decision under section 45, on an application made under section 40(1)(a) or (c), shall have regard to— (a) (b) the matters in section 37; and the ability of the organism to escape from containment.
44A Additional matters to be considered for certain developments and field tests This section applies to an application— (a) to develop a new organism in containment that is a gen- etically modified organism, to the extent that the devel- opment does not take place in a containment structure: to field test a new organism in containment if the new organism is a genetically modified organism.
(b) (1) 78 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 45 (2) (3) (4) In deciding whether to approve or decline an application, the Authority must take into account— (a) any adverse effects of developing or field testing the organism on— (i) (ii) human health and safety; and the environment, in particular ecosystems and their constituent parts; and (b) (c) any alternative method of achieving the research object- ive that has fewer adverse effects on the matters referred to in paragraph (a) than the development or field test; and any effects resulting from the transfer of any genetic elements to other organisms in or around the site of the development or field test.
The matters referred to in subsection (2) are in addition to the matters referred to in sections 44 and 45.

[Repealed] Section 44A: inserted, on 28 May 2002, by section 7(1) of the Hazardous Sub- stances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).

Section 44A(4): repealed, on 30 October 2003, by section 25 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Determination of application 45 (1) After considering any application for approval made under section 40, the Authority (if the application is not approved under section 42, 42A, 42B, or 42C) may, in its discretion,— (a) approve the application if— (i) (ii) the application is for one of the purposes speci- fied in section 39(1); and after taking into account all the effects of the or- ganism and any inseparable organism, including, but not limited to, the effects on the matters in section 43 (for applications made under section 40(1)(b)) or the matters in section 44 (for appli- cations made under section 40(1)(a) or (c)), the beneficial effects of having the organism in con- tainment outweigh the adverse effects of the or- ganism and any inseparable organism; and 79 Part 5 s 45A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (iii) the Authority is satisfied that the organism can be adequately contained; or (b) decline the application in any other case.
(2) An approval under this section— (a) must include controls that provide for each of the ap- plicable matters specified in Schedule 3; and (3) (4) (b) may include controls that provide for any other matters in order to give effect to the purpose of this Act.

The Authority shall give its decision in writing, including rea- sons for the decision, give written notice of the decision to the applicant and every person who made a submission, and pub- licly notify the decision.
In taking into account the adverse effects of the organism under subsection (1)(a)(ii), take into account— (a) the Authority must the adverse effects (if any) of having the organism and any inseparable organism in containment; and the probability that the organism may escape after con- sidering all the controls to which the organism would be subject if the application were approved; and the effects of the organism, if the organism were to es- cape.
(b) (c) Section 45(1): amended, on 20 April 2010, by section 13 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 45(1)(a)(ii): amended, on 30 October 2003, by section 26(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 45(2): substituted, on 31 December 2000, by section 17 of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 45(4): added, on 30 October 2003, by section 26(3) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
45A Controls required for certain developments and for all field tests This section applies to an approval under section 45— (a) to develop a new organism in containment that is a gen- etically modified organism, to the extent that the devel- opment does not take place in a containment structure; or to field test a new organism in containment if the new organism is a genetically modified organism.
(b) (1) 80 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 46 (2) An approval— (a) must include controls to ensure that, after the end of the development or field test, the organism and any herita- ble material from the organism is removed or destroyed; and (b) may include controls to ensure that, after the end of the development or field test and after heritable material is removed or destroyed, some or all of the genetic elem- ents remaining from the organism are removed or de- stroyed.
In subsection (2), destroyed includes leaving genetic elements to break down or become inactive at the site of the develop- ment or field test.

Section 45A: inserted, on 28 May 2002, by section 8(1) of the Hazardous Sub- stances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).
(3) 45B Animals in circus or zoological garden deemed approved under section 255 The Authority may, for a deemed approval under section 255,— (a) include controls that provide for each of the applicable matters specified in Schedule 3; and include controls that provide for any other matters in order to give effect to the purpose of this Act; and remove or vary the conditions imposed under section 255 that the organism remains at a particular place.
(b) (c) Section 45B: inserted, on 30 October 2003, by section 27 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Use of hazardous substances and new organisms in emergencies 46 Meaning of emergency (1) For the purposes of section 30(c) and sections 47 to 49, emer- gency means— (a) an event involving the release of a new organism for which a national pest management strategy has been approved under section 68 of the Biosecurity Act 1993; or 81 Part 5 s 47 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) (c) (d) (e) a state of emergency declared under the Civil Defence Emergency Management Act 2002; or an emergency as defined in section 2 of the Fire Service Act 1975; or an emergency declared under Part 9; or a marine oil spill emergency under the Maritime Transport Act 1994.
Sections 47 and 48 apply to every foreseeable emergency where the importation, release, or use of the hazardous sub- stance or new organism in that emergency is also foreseeable.

Section 46(1)(b): substituted, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
Application for approval to use a hazardous substance or new organism in an emergency Every person intending to— (a) import any hazardous substance for release in an emer- gency; or import any new organism for release in an emergency; or release any new organism from containment in an emer- gency; or release any hazardous substance from containment in an emergency; or use any hazardous substance in an emergency in a man- ner which would otherwise contravene the provisions of this Act or any regulations— (b) (c) (d) (e) shall, before importation or release or use, apply to the Au- thority for approval to import or release or use.
Every application shall be in an approved form and shall in- clude— (a) (b) information to identify the substance or organism; and information showing that the hazardous substance or new organism is necessary to deal with an emergency; and a proposed plan for dealing with the use of the substance or organism in the emergency; and all information relating to the effects of the substance or organism; and (c) (d) (2) 47 (1) (2) 82 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 48 (3) such other information as may be prescribed.
(e) The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory dec- laration.

(4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Section 47(2): amended, on 31 December 2000, by section 18 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
48 (1) (b) (c) Determination of applications The Authority may approve or decline an application under section 47, but may only decline the application if it is satisfied that— (a) the organism or substance is not necessary for use in the emergency; or if the application relates to a substance, the proposed plan does not adequately control the adverse effects of the substance; or if the application relates to a new organism, the pro- posed plan does not adequately control the adverse ef- fects of the organism or any inseparable organism (in- cluding, but not limited to, adequate control of the or- ganism if the organism is likely to establish an undesir- able self-sustaining population, taking into account the ease of destroying such a population).
(2) When approving the substance or organism in accordance with subsection (1), the Authority shall impose the following con- trols: (a) (b) (c) that the substance or organism only be released when an emergency has been declared under this Act or declared in accordance with the provisions of any other Act: that the organism or substance only be released for a specified type of emergency: that the organism or substance may only be released if the emergency is dealt with in accordance with a speci- fied plan which includes: (i) the measures which must be taken to avoid, rem- edy, or mitigate any actual or potential adverse 83 Part 5 s 49 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (3) 49 effects from the use of that substance or organ- ism: the requirements for the disposal of the hazardous substance and any waste products: the requirements for the eradication or control of any new organism.
(ii) (iii) The Authority shall give its decision in writing, including rea- sons for the decision, give written notice of the decision to the applicant, and publicly notify it.

Exemptions from provisions of Act in emergencies Subject to sections 49A to 50, nothing in this Act shall apply to any hazardous substance or new organism required for use in an emergency where— the emergency; or (a) (b) the use of the substance or organism in the emergency— was not foreseeable.
Section 49: amended, on 30 October 2003, by section 28 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Rapid assessment and approval of agricultural compounds and medicines in special emergencies Heading: inserted, on 30 October 2003, by section 29 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).
49A Interpretation In sections 49B to 49K,— adverse event includes, but is not limited to, any of the events or emergencies specified in section 46(1) agricultural compound means an agricultural compound (as defined in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997) that is or contains a hazardous substance or a new organism government agency means— (a) a department specified in Schedule 1 of the State Sector Act 1988: a Crown entity specified in Schedule 4 of the Public Finance Act 1989 (b) 84 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 49B interested government agency means a government agency that, in the opinion of the Authority, is likely to have an interest in the approval of an agricultural compound or medicine in a special emergency medicine means a medicine (as defined in section 3 of the Medicines Act 1981) that is or contains a hazardous substance or new organism responsible Minister means the Minister who, under the au- thority of any warrant or with the authority of the Prime Min- ister, is for the time being responsible for the administration of— (a) (b) this Act; or the Agricultural Compounds and Veterinary Medicines Act 1997; or the Biosecurity Act 1993; or the Conservation Act 1987; or the Fisheries Act 1996; or the Health Act 1956; or the Medicines Act 1981 (c) (d) (e) (f) (g) special emergency means a special emergency declared under section 49B.
Section 49A: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

49B Declaration of special emergency (1) A responsible Minister may declare an adverse event to be a special emergency if the adverse event is a matter that comes within the Minister’s portfolio.
(2) A declaration of a special emergency— (a) must be notified or published in the Gazette as soon as practicable after the special emergency is declared; and is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
(b) (3) A special emergency expires— (a) (b) on the close of the date (if any) specified in the declar- ation as the expiry date; or if paragraph (a) does not apply, then on the close of a date specified by notice in the Gazette as the date of expiry of the emergency.

85 Part 5 s 49C Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 49B: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
49C Application of sections 49D to 49K Sections 49D to 49K apply to a special emergency whether or not— (a) (b) the special emergency is foreseeable; and the importation, release, or use of an agricultural com- pound or medicine in the special emergency is foresee- able.

Section 49C: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
49D Application for approval to use agricultural compound or medicine in special emergency (1) A person who does not have approval under this Act to do a thing specified in subsection (2) may apply to the Authority to do the thing in a special emergency.
The things are— (a) import any agricultural compound or medicine for re- lease; or (2) (c) (b) manufacture an agricultural compound or medicine that is a hazardous substance otherwise in containment; or release any agricultural compound or medicine from containment; or use any agricultural compound or medicine in a manner that would contravene this Act or any regulations.
(d) For the purposes of subsection (1),— (a) it does not matter whether the application is made or approved before or after the special emergency has been declared: the applicant may import, release, or use the agricul- tural compound or medicine before the declaration of the special emergency has been notified or published in the Gazette.

(b) Section 49D: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(3) 86 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 49E 49E Contents of application (1) An application under section 49D must be in the approved form and must include information required by the Author- ity that, having regard to the particular circumstances of the special emergency, the applicant can provide to the Authority in the time available.
(2) Without limiting subsection (1), the Authority may require the following information: (a) the applicant: any overseas regulatory agencies; and information to identify the agricultural compound or medicine and the hazardous substance or new organism that is or is contained in the agricultural compound or medicine; and information showing that the agricultural compound or medicine is necessary to deal with the special emer- gency; and a proposed plan for dealing with the use of the agricul- tural compound or medicine in the special emergency; and any reports by experts available from— (i) (ii) written confirmation by the applicant that the agricul- tural compound or medicine satisfies all relevant manu- facturing practices and standards; and information on whether the agricultural compound or medicine has been approved for use in an overseas country; and information on whether approval for use of the agri- cultural compound or medicine has been declined in an overseas country; and information on the nature of the special emergency; and information on the nature of the agricultural compound or medicine; and information on the labelling of the agricultural com- pound or medicine; and all other prescribed information (if any).
(b) (c) (d) (e) (f) (g) (h) (i) (j) (3) (k) The Authority may, by written notice given to the applicant, require the applicant to verify the application by statutory dec- laration.

87 Part 5 s 49F Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (4) An applicant may, by written notice to the Authority, withdraw the application at any time.

Section 49E: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
49F Determination of applications (1) As soon as practicable after receiving an application under sec- tion 49D, the Authority must complete a rapid assessment of the application and decide whether to approve or decline the application.
In determining whether to approve or decline the application, the Authority must— (a) (2) consult, and have particular regard to the views of, the Department of Conservation; and consult and consider the views of any other interested government agency; and consider all the information on the matters specified in section 49E that, having regard to the particular circum- stances of the special emergency, the applicant can pro- vide to the Authority in the time available.
The Authority may decline the application only if it is satisfied that— (a) the agricultural compound or medicine is not necessary for use in the special emergency; or if the application relates to a hazardous substance, the proposed plan does not adequately control the adverse effects of the hazardous substance; or if the application relates to a new organism, the pro- posed plan does not adequately control the adverse ef- fects of the new organism or any inseparable organism (including, but not limited to, adequate control of the or- ganism if the organism is likely to establish an undesir- able self-sustaining population, taking into account the ease of destroying such a population).
Section 49F: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(b) (c) (b) (c) (3) 88 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 49H 49G Controls attaching to approval of application If the Authority approves an application under section 49F, the Authority must impose the control that the agricultural com- pound or medicine may be released only if the special emer- gency is dealt with in accordance with the specified plan, and the plan includes— (a) the measures that must be taken to avoid, remedy, or mitigate any actual or potential adverse effects from the use of the agricultural compound or medicine: the requirements for the disposal of the agricultural compound or medicine and any waste products: the requirements for the eradication or control of any new organism.
(b) (c) Section 49G: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

49H Notification or publication of approval of application (1) An approval under section 49F and the reasons for the ap- (2) proval must be notified or published in the Gazette.
The notified or published approval— (a) must describe the special emergency to which it relates; and (3) (b) must specify where a copy of the plan for dealing with the use of the agricultural compound or medicine in the special emergency may be inspected or obtained; but need not specify what the approval has been granted for.
(c) If the approval is only notified in the Gazette,— (a) the notice must specify where a copy of the approval may be inspected or obtained; and the Authority must make copies of the approval avail- able for inspection free of charge, and for purchase at a reasonable cost, at the head office of the Authority and at any other places that the Authority determines as ne- cessary or appropriate.
(b) Section 49H: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

89 Part 5 s 49I Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 49I Effect of approval of release (1) An approval for the importation, release, or use of an agricul- tural compound or medicine in a special emergency is limited to the importation, release, or use of the agricultural compound or medicine in the special emergency.
If an approval relates to a new organism, the organism does not cease to be a new organism because it is released in accordance with the approval.

Section 49I: inserted, on 30 October 2003, by section 29 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).
(2) 49J Duration of approval An approval under section 49F takes effect on the day specified in the approval, and expires on the earlier of— (a) the date of expiry (if any) of the special emergency spe- cified by a responsible Minister in— (i) the declaration declaring the special emergency; or a later declaration declaring that the special emer- gency has ceased; or (ii) (b) the date of expiry (if any) specified by the Authority in the approval, which must not be later than the date of expiry of the special emergency; or if paragraph (a) or paragraph (b) does not apply, 2 years after the date on which the approval is granted.
Section 49J: inserted, on 30 October 2003, by section 29 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).

(c) 49K Consequences of expiry of approval On the expiry of an approval under section 49F that relates to a hazardous substance or new organism, the hazardous sub- stance or new organism must be disposed of unless, before the expiry of the approval, the applicant has, under any other pro- vision of this Act, been granted an approval.
Section 49K: inserted, on 30 October 2003, by section 29 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

90 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 50 Rapid assessment and approval of other hazardous substances in special emergencies Heading: inserted, on 22 December 2005, by section 14 of the Hazardous Sub- stances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
49L Rapid assessment and approval of other hazardous (1) (2) 50 (1) (2) substances in special emergencies Sections 49A to 49K apply, with all necessary modifications, to the rapid assessment and approval of other hazardous sub- stances in special emergencies.

In this section, other hazardous substances means hazardous substances that are not already covered by sections 49A to 49K by virtue of being contained in an agricultural compound or a medicine.
Section 49L: inserted, on 22 December 2005, by section 14 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Prohibited list organisms Prohibited organisms The importation or release or development of any organism specified in Schedule 2 is prohibited.
The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2 to— (a) add a new organism that the Authority has, under sub- section (3), recommended to the Minister be included in the schedule: add a new organism, or group or groups of new organ- isms, that have adverse effects on the health and safety of people or the environment: remove an organism or group of organisms, but only if the organism was inserted by Order in Council.
(b) (c) (2A) Subsection (2) applies subject to section 141.

(2B) An organism in Schedule 2 that is prescribed as not a new organism in regulations made under section 140(1)(ba) is to be treated as if it had been removed from that schedule.
The Authority may, after declining any application made under this Act in relation to an organism, recommend to the Minister (3) 91 Part 5 s 51 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 that an Order in Council be made to include the organism in Schedule 2, where the Authority is satisfied that— (a) the organism is likely to have any of the effects de- scribed in section 36; and any likely adverse effects which may occur should the organism escape from containment would outweigh any likely beneficial effects of allowing the organism to be imported into containment.
(b) (4) (5) The Authority, when making a recommendation under sub- section (3), may advise the Minister that a group of organisms should be included in Schedule 2 if it is difficult for persons to distinguish between high-risk and low-risk members of that group.

Every Order in Council made under this section shall be deemed to be a regulation for the purposes of the Regulations (Disallowance) Act 1989.
Section 50(1): amended, on 30 October 2003, by section 30(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 50(2): substituted, on 30 October 2003, by section 30(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 50(2A): inserted, on 30 October 2003, by section 30(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 50(2B): inserted, on 30 October 2003, by section 30(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 50(3): amended, on 30 October 2003, by section 30(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 50(4): amended, on 30 October 2003, by section 30(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Transhipment Transhipment of substances and organisms 51 (1) Nothing in this Act shall apply to any hazardous substance or new organism transhipped through New Zealand where any person has— (a) received approval from the Authority to tranship the hazardous substances or new organism; and complied with any controls that the Authority has im- posed on the transhipment.
(b) (2) The Authority— 92 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 53 (a) shall decline approval to tranship any organism speci- fied in Schedule 2: (b) may, within 10 working days after receipt of the appli- cation— (i) (ii) decline approval to tranship any hazardous sub- stance or new organism if the Authority consid- ers that the substance or organism cannot be ad- equately contained so as to prevent the environ- ment from being exposed to the substance or or- ganism or any adverse effects of the substance or organism; or approve the transhipment of any hazardous sub- stance or new organism with such controls as the Authority thinks fit.
Section 51(2)(a): amended, on 30 October 2003, by section 31 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Procedure for assessment Applicant may be required to provide further information 52 (1) Where the Authority considers that an applicant is able to pro- vide further relevant information, the Authority may, by writ- ten notice given to the applicant not later than 10 working days after the receipt of the application, require the applicant to sup- ply such further information relating to the application as is specified in the notice.
(2) Where the applicant fails to comply with any request made in accordance with subsection (1) within 1 year after the date of the request, the application shall lapse.
53 (1) Applications required to be publicly notified The following applications shall be publicly notified by the Authority: (a) (ab) [Repealed] an application under section 38A for a conditional re- lease approval for a new organism, if the application has not been approved under section 38BA: an application, under section 34, to import for release any new organism, if the application has not been ap- proved under section 35 or section 38I: (b) 93 Part 5 s 53 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (c) (d) (e) (f) an application, under section 34, to release any new organism from containment, if the application has not been approved under section 38I: an application, under section 40, to field test a genetic- ally modified organism: an application under section 47 to import, release, or use a hazardous substance or a new organism in an emer- gency: an application under section 96B to issue, amend, or revoke a group standard.
The Authority may, if it considers that there is likely to be significant public interest, publicly notify— (a) an application under section 40 in respect of a new or- ganism (other than a genetically modified organism), if the application has not been approved under section 42C; or an application under section 40 to import into contain- ment or develop in containment a genetically modi- fied organism, if the application has not been approved under section 42, 42A, or 42B; or an application under section 28, if the application has not been approved under section 28A.
(b) (c) The public notice shall state— (a) (b) (c) that any person may make a written submission on the application; and a closing date for receipt of submissions by the Author- ity; and the place where the application and accompanying in- formation may be viewed, and the address for service of the Authority and the applicant unless that information has been withheld— (i) in accordance with the Official Information Act 1982; or in accordance with this Act.
(ii) The Authority shall, upon receipt of the application, notify— (a) (b) the Minister; and any department listed in Schedule 1 of the State Sector Act 1988 and any Crown entity which, in the opinion of (2) (3) (4) 94 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 53A (c) the Authority, is likely to have an interest in the appli- cation; and if the application is an application for approval of a new organism,— (i) (ii) the Department of Conservation; and any local authority (within the meaning of the Local Government Act 2002) if, in the opinion of the Authority, the local authority is likely to have an interest in the application.
Section 53(1)(a): repealed, on 20 April 2010, by section 14(1) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 53(1)(ab): inserted, on 30 October 2003, by section 32(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 53(1)(ab): amended, on 20 April 2010, by section 14(2) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 53(1)(b): amended, on 30 October 2003, by section 32(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 53(1)(c): amended, on 30 October 2003, by section 32(3) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 53(1)(f): added, on 22 December 2005, by section 15 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Section 53(2): substituted, on 20 April 2010, by section 14(3) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 53(3)(b): amended, on 7 May 1999, by section 5 of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 53(3)(c)(ii): amended, on 7 May 1999, by section 15(b) of the Haz- ardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
Section 53(4)(b): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 53(4)(c)(ii): substituted, on 30 October 2003, by section 32(5) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

53A Method of public notification (1) (2) (3) The Authority may, if it thinks fit, determine a method of pub- lic notification of the applications referred to in section 53.
The method must, in the Authority’s opinion, be a means of providing effective public notification at reasonable cost.
Before determining a method of public notification under sub- section (1), the Authority must— (a) publicly notify the method it proposes to determine; and 95 Part 5 s 54 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) (c) allow the period of time that the Authority thinks fit for any person who may be affected by the proposed method to comment in writing to the Authority on whether the proposed method is reasonable; and consider any comments made in accordance with para- graph (b).
The Authority must, as soon as practicable after determining a method of public notification in accordance with this section, publicly notify the method in accordance with paragraph (b) of the definition of public notice in section 2(1).

Section 53A: inserted, on 31 December 2000, by section 20 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
(4) Submission on application 54 (1) Any person may make a written submission on any publicly (2) (3) notified application to the Authority.

The submission— (a) (b) may state any decision sought; and (c) shall state the reasons for making the submission; shall state whether the person making the submission wishes to be heard.

The Authority shall forward a copy of every submission to the applicant as soon as reasonably practicable after receipt of it by the Authority.
Information held on behalf of applicant 55 (1) Where any person— (a) (b) (c) supplies any information to the Authority; and the information is likely to relate to an application for approval; and the relevant application has not yet been lodged with the Authority,— the information shall be held by the Authority on behalf of that person; and the provisions of the Official Information Act 1982 shall not apply to that information until the relevant ap- plication has been received by the Authority.
(2) Where any information supplied under subsection (1) is held by the Authority on behalf of any person, that information shall be returned upon request.
96 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 55 (3) Where— (a) any information is held by the Authority relating to any application made under this Act in respect of a haz- ardous substance or new organism; and the substance or organism that is the subject of the ap- plication is also the subject of an innovative medicine application as defined in section 23A of the Medicines Act 1981; and that information includes trade secrets or information that has commercial value that would be, or would be likely to be, diminished by disclosure,— (b) (c) (4) the provisions of sections 23A to 23C of the Medicines Act 1981, with the necessary modifications, shall apply to that in- formation as if the information were confidential supporting information as defined in section 23A of that Act.
The provisions of sections 23A to 23C of the Medicines Act 1981, with the necessary modifications, shall also apply to the Authority in respect of the information referred to in subsec- tion (3) as if the Authority were the Minister of Health, and as if references in those sections to applications were references to applications in respect of hazardous substances or new or- ganisms; but— (a) the protected period (as defined in section 23A of the Medicines Act 1981) shall be the same period for which the information is protected under the Medicines Act 1981; and the Authority may disclose the information to any pre- scribed person or organisation or prescribed class of persons or organisations; and the Authority shall provide a summary of the effects of any substance or organism in respect of which subsec- tion (3) of this section applies where an application for approval is required to be publicly notified in accord- ance with section 53.
(b) (c) (4A) Where— (a) any information is held by the Authority relating to any application made under this Act in respect of a haz- ardous substance or new organism; and 97 Part 5 s 55 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) (c) the substance or organism that is the subject of the ap- plication is also the subject of an innovative agricul- tural compound application as defined in Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997; and that information includes trade secrets or information that has commercial value that would be, or would be likely to be, diminished by disclosure,— the provisions of Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997, with the necessary modifica- tions, apply to that information as if the information were con- fidential supporting information as defined in that Part of that Act.
(4B) The provisions of Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997, with the necessary modifica- tions, apply to the Authority in respect of the information re- ferred to in subsection (4A) as if the Authority were the Dir- ector-General, and as if references in those sections to appli- cations were references to applications in respect of hazardous substances or new organisms; but— (a) the protected period (as defined in Part 6 of the Agri- cultural Compounds and Veterinary Medicines Act 1997) is the same period for which the information is protected under the Agricultural Compounds and Veterinary Medicines Act 1997; and the Authority may disclose the information to any pre- scribed person or organisation or prescribed class of persons or organisations; and the Authority must provide a summary of the effects of any substance or organism in respect of which subsec- tion (4A) applies where an application for approval is required to be publicly notified in accordance with sec- tion 53.
(b) (c) [Repealed] [Repealed] The Governor-General may, from time to time, by Order in Council, make regulations prescribing persons or organisa- tions or classes of persons or organisations for the purposes of subsections (4)(b) and (4B)(b).

(5) (6) (7) 98 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 57 Section 55(3)(a): substituted, on 30 October 2003, by section 33(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 55(3)(b): amended, on 30 October 2003, by section 33(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 55(4): amended, on 30 October 2003, by section 33(3)(a) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 55(4)(c): amended, on 30 October 2003, by section 33(3)(b) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 55(4A): inserted, on 2 July 2001, by section 85 of the Agricultural Com- pounds and Veterinary Medicines Act 1997 (1997 No 87).

Section 55(4A)(a): substituted, on 30 October 2003, by section 33(4) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 55(4A)(b): amended, on 30 October 2003, by section 33(5) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 55(4B): inserted, on 2 July 2001, by section 85 of the Agricultural Com- pounds and Veterinary Medicines Act 1997 (1997 No 87).

Section 55(4B): amended, on 30 October 2003, by section 33(6)(a) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 55(4B)(c): amended, on 30 October 2003, by section 33(6)(b) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 55(5): repealed, on 2 July 2001, by section 85 of the Agricultural Com- pounds and Veterinary Medicines Act 1997 (1997 No 87).

Section 55(6): repealed, on 2 July 2001, by section 85 of the Agricultural Com- pounds and Veterinary Medicines Act 1997 (1997 No 87).

Section 55(7): amended, on 30 October 2003, by section 33(7) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
56 Consideration of information withheld under Official Information Act 1982 Any information withheld from any person in accordance with section 9(2)(b) of the Official Information Act 1982 may be considered by the Authority in reaching a decision under this Act.
Authority to withhold information 57 (1) Where, in the Authority’s opinion, any information which has been supplied to the Authority in respect of any application may be able to be withheld under section 9(2)(b) of the Official Information Act 1982, that information shall not be released to any person when any application is publicly notified.
99 Part 5 s 58 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (2) Where— (a) (b) the Authority receives a request to release any in- formation held by the Authority under the Official Information Act 1982; and the information to which the request relates,— (i) in the Authority’s opinion, may be able to be withheld under section 9(2)(b) of that Act; or has been classified as commercially sensitive by the person who gave the information to the Au- thority,— (ii) the Authority shall make all reasonable efforts to con- tact and notify immediately the person who gave the in- formation to the Authority that a request to release the information has been received.
(3) Where a person receives notice from the Authority under sub- section (2), that person shall, within 10 working days of re- ceipt of the notice, respond to the Authority stating whether that person believes that the information should be withheld under section 9(2)(b) of the Official Information Act 1982 and give reasons for that person’s belief.
The Authority may release the information or withhold the information in accordance with the Official Information Act 1982 if— (a) (b) Section 57(2): amended, on 30 October 2003, by section 34(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

the Authority has complied with subsection (2); and the time limit specified in subsection (3) has expired.
(4) Section 57(4): substituted, on 30 October 2003, by section 34(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Further information The Authority— (a) may commission a report or seek advice from any per- son on any matters raised in relation to the application, including a review of any information provided by the applicant: (b) may obtain any existing relevant information on the substance or organism which is the subject of the ap- plication from any source: 58 (1) 100 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 59 (c) shall consult with all departments or Crown entities no- tified of the application in accordance with section 53(4) and, where any application is for approval to import, develop, field test, conditionally release, or release a new organism, have particular regard to any submis- sions made by the Department of Conservation.
(1A) Any report, advice, or other information obtained under sub- section (1) may be considered at any hearing conducted by the Authority.
(2) Where the Authority obtains further information under subsec- tion (1), the Authority, at least 10 working days before com- mencement of the hearing or consideration, as the case may be, of the application, shall notify the applicant and every per- son who made a submission that the information is available for inspection, unless that information has been withheld in ac- cordance with section 9(2)(b) of the Official Information Act 1982.
(3) Where information is requested in accordance with subsection (1), the Authority may postpone the hearing or consideration of the application until the information has been received.

Section 58(1)(c): amended, on 30 October 2003, by section 35 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 58(1A): inserted, on 31 December 2000, by section 21(1) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 58(2): amended, on 31 December 2000, by section 21(2) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
59 (1) Time limits and waivers The Authority shall,— (a) (b) where public notification of an application is required by section 53, publicly notify that application within 10 working days of receipt unless paragraph (b) applies to that application: if any of sections 28A, 35, 38BA, 38I, 42, 42A, 42B, and 42C apply to the application,— (i) make a rapid assessment of the application within 10 working days after receipt of the application; and 101 Part 5 s 59 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (ii) if the application is not approved under one of those sections, publicly notify the application, if required under this Act, within 10 working days of the Authority’s decision: allow 30 working days from the date of public notifica- tion for the receipt of submissions: fix a date for commencement of the hearing or (where there is no hearing) for consideration of the application, being not more than 30 working days after the receipt of the application or the closing date for submissions, whichever is the later: give the applicant at least 10 working days’ notice of the commencement date and the time and place of the hearing or consideration of the application: give every person who has made a submission on the ap- plication and who has stated his or her wish to be heard, at least 10 working days’ notice of the commencement date and the time and place of the hearing.
(c) (d) (e) (f) (2) The Authority shall publicly notify its decision as soon as rea- sonably practicable but not later than 30 working days after the conclusion of the hearing or, where there is no hearing, the consideration of the application.
(3) A person may apply to the Authority to— (a) (b) waive a requirement of this Act or a regulation concern- ing— (i) the time within which any action shall be carried out; or the information that shall be supplied; or (ii) give a direction concerning— (i) the time within which any action shall be carried out; or the terms, including terms as to adjournment, costs, or other matters, on which any information shall be supplied.
(ii) The Authority shall not extend or reduce any time period or grant an application under this section to waive a requirement as to the time within which any action shall be carried out unless it is satisfied that— (4) 102 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 61 (5) 60 (a) (b) the applicant and the persons making submissions con- sent to that waiver; or any of those parties who have not so consented will not be unduly prejudiced.
Subject to subsection (4), the Authority may at any time extend or reduce any time limit under this Act whether or not— an application has been made under this section; or (a) that time limit has expired,— (b) but in all cases must ensure the matter is carried out as promptly as is reasonable in the circumstances.

Section 59(1)(a): amended, on 30 October 2003, by section 36(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 59(1)(b): substituted, on 30 October 2003, by section 36(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 59(1)(b): amended, on 20 April 2010, by section 15 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 59(1)(d): amended, on 31 December 2000, by section 22(2) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 59(2): amended, on 30 October 2003, by section 36(3) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 59(4): amended, on 31 December 2000, by section 22(3) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 59(5): amended, on 31 December 2000, by section 22(4) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Obligation to hold hearing A hearing of any application need not be held unless— (a) (b) the Authority considers that a hearing is necessary; or the applicant has made a written request to the Authority for a hearing; or a person who has made a submission stated in that sub- mission that he or she wishes to be heard and has not subsequently advised that he or she does not wish to be heard.
(c) 61 (1) (2) Provisions relating to hearings The Authority shall consider and decide any application, other than an application which is the subject of a Ministerial direc- tion under section 68.

The Authority shall keep a record of all proceedings before it.
103 Part 5 s 62 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (3) (4) For the purpose of considering any application, the Authority shall have the same powers as are conferred on a Commis- sion of Inquiry by the Commissions of Inquiry Act 1908; and sections 4, 4B, 4D, 6, 7, 9, 11, and 12 of that Act shall apply accordingly.
The members of the Authority shall have, in relation to any such consideration and any decision on any matter, the same immunities and privileges as are possessed by a District Court Judge.

(4A) Subsection (4) applies despite section 121 of the Crown En- (5) tities Act 2004.

Every summons to a witness to appear at a hearing shall be in an approved form and be signed by the person chairing the hearing.

(6) All allowances for a witness shall be paid by the party on (7) whose behalf the witness is called.
The Authority shall hold any hearing of a publicly notified application in public and shall establish a procedure that is appropriate and fair in the circumstances and may— (a) (b) (c) permit cross-examination; or permit questions in clarification; or permit only the members of the Authority to question any person.

(8) At the hearing the applicant and any person who made submis- sions and stated that they wished to be heard may speak (either personally or through a representative) and call evidence.
(9) Where any person who has stated that he or she wished to be heard fails to appear at the hearing, the Authority may never- theless proceed with the hearing if it considers it fair and rea- sonable to do so.

Section 61(4A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 61(5): amended, on 31 December 2000, by section 23 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 61(7): amended, on 7 May 1999, by section 6 of the Hazardous Sub- stances and New Organisms Amendment Act 1999 (1999 No 35).
Grounds for reassessment of a substance or organism 62 (1) — 104 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 62 any person; or the chief executive of the Authority— (a) (b) may at any time request the Authority to decide whether there are grounds for reassessing any new organism in containment, any conditionally released new organism, any qualifying or- ganism released with controls, or any hazardous substance where that organism or substance has previously been assessed by the Authority or where Parts 11 to 16 apply to that substance or organism.
(2) Where any request has been made under subsection (1), the Authority may decide that grounds exist to reassess that sub- stance or organism after taking into account that— (a) (b) (c) significant new information relating to the effects of the substance or the organism has become available; or another substance with similar or improved beneficial effects and reduced adverse effects has become avail- able; or information showing a significant change of use, or a significant change in the quantity manufactured, im- ported, or developed has become available.
(3) (4) The Authority shall give its decision under subsection (2) in writing, with reasons, to the applicant.

For the purposes of subsection (1), assessed by the Authority means a decision under any of sections 28A, 29, 32, 38BA, 38C, 38I, 42, 42A, 42B, 42C, 45 or 48 or a decision by the Minister under section 73, or a deemed assessment under sec- tion 160A.

Section 62(1): amended, on 30 October 2003, by section 37(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 62(4): amended, on 20 April 2010, by section 16(a) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 62(4): amended, on 20 April 2010, by section 16(b) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 62(4): amended, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).
Section 62(4): amended, on 30 October 2003, by section 37(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 62(4): amended, on 2 July 2001, by section 24 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).

105 Part 5 s 63 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 62(4): amended, on 7 May 1999, by section 15(c) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
Reassessment 63 (1) Any person or the chief executive of the Authority may re- quest the Authority to proceed with a reassessment following a decision under section 62(3).
(2) A reassessment under this section shall be deemed to be an application and shall be publicly notified in accordance with section 53 and— (a) (b) (c) (ca) (cb) (d) section 29 and sections 54 to 61 shall apply with all ne- cessary modifications to a reassessment of a hazardous substance approved under section 28A or section 29: sections 30 and 32 shall apply with all necessary modi- fications to a reassessment of a hazardous substance ap- proved under section 32: sections 39 to 45 and sections 54 to 61 shall apply with all necessary modifications to a reassessment of a new organism in containment approved under section 42, 42A, 42B, 42C, or 45: sections 38A to 38D and 54 to 61 apply with all neces- sary modifications to a reassessment of a conditional re- lease approval: sections 38I to 38L and 54 to 58 apply with all necessary modifications to a reassessment of a qualifying organ- ism released with controls: sections 47 and 48 and sections 54 to 61 shall apply with all necessary modifications to a reassessment of a hazardous substance or new organism for use in an emergency approved under section 48.
(3) However, a reassessment of a qualifying organism released with controls is not required to be publicly notified in accord- ance with section 53.

Section 63(2)(a): amended, on 2 July 2001, by section 25 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 63(2)(c): amended, on 20 April 2010, by section 17 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 63(2)(ca): inserted, on 30 October 2003, by section 38(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

106 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 63A Section 63(2)(cb): inserted, on 30 October 2003, by section 38(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 63(3): added, on 30 October 2003, by section 38(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
63A Modified reassessment procedure for amendments to approvals of hazardous substances (1) Despite anything to the contrary in this Act, the Authority may, following a decision under section 62(2), reassess a hazardous substance in accordance with this section if the Authority con- siders that— (a) a reassessment of the hazardous substance under sec- tion 63 is not appropriate because the reassessment will involve only a specific aspect of the approval; and the amendment is not a minor or technical amendment to which section 67A applies.
(2) A reassessment under this section— (b) (a) may vary the controls that attach to a hazardous sub- stance, or the description of a hazardous substance, or both; but (b) may not revoke an approval given to a hazardous sub- stance under this Act to import or manufacture the sub- stance.

(4) (3) A reassessment under this section is deemed to be an applica- tion, and sections 55 to 61 apply with all necessary modifica- tions.
The Authority may reassess a hazardous substance under this section without publicly notifying the reassessment in accord- ance with section 53.
If the Authority does not publicly notify the reassessment in accordance with section 53, the Authority must— (a) (5) do everything reasonably practicable on its part to con- sult with all persons who, in its opinion, may be affected by the reassessment; and give those persons a reasonable opportunity to make submissions and comments to the Authority on the re- assessment; and consider all submissions and comments received.
(b) (c) 107 Part 5 s 63B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (6) (7) (8) The Authority may approve or decline an application for re- assessment under this section as it considers appropriate after taking into account— (a) (b) all the effects associated with the reassessment; and the best international practices and standards for the safe management of hazardous substances.

Section 77 applies to any hazardous substance that is approved under this section.
Section 65(e) applies, with all necessary modifications, to a reassessment under this section.

Section 63A: inserted, on 22 December 2005, by section 16 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
63B Proposal for group standard may be consulted on in same way as reassessment This section applies if the Authority— (a) (b) decides to reassess a hazardous substance under section 63A without publicly notifying the reassessment in ac- cordance with section 53; and proposes to issue, amend, or revoke (under section 96B) a group standard that applies to the hazardous substance, on similar grounds to the grounds for decid- ing to reassess the substance.
The Authority may consult on the following matters, in ac- cordance with section 63A(5), as if they were part of the re- assessment: (a) the proposal to issue, amend, or revoke the group stand- ard; and its assessment of the matters referred to in section 96C(1)(h)(ii).

(b) If the Authority consults in accordance with subsection (2), then the public notice requirements of sections 96C(1)(h) and (2) and 96D do not apply.
Section 63B: inserted, on 20 April 2010, by section 18 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
(1) (2) (3) 108 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 66 64 65 Suspension of approvals during reassessment Where a decision to reassess any hazardous substance has been publicly notified under section 63(2), and the Authority has reasonable cause to believe that there is significant actual or imminent danger to human health or safety or the environ- ment from the continued use of the substance, the Authority, by notice in the Gazette, may direct that any further use of the substance is prohibited until such time as a decision has been made following the reassessment.
No compensation following reassessment Where any hazardous substance or new organism is reassessed in accordance with section 63, no compensation shall be payable to any person for any loss where the Authority— (a) declines to allow any further importation or manufac- ture of that substance; or declines to approve the release of any new organism from containment; or declines to approve any further importation, field test- ing, or development of any new organism in contain- ment; or suspends any approval in accordance with section 64; or varies the controls on any substance or organism.
(b) (c) (d) (e) Requirement for disposing of substances 66 (1) Where any hazardous substance has been reassessed in accord- ance with section 63 and the Authority has declined to allow any further importation or manufacture of that substance, the Authority may issue a direction, by notice in the Gazette, pro- hibiting the use of that substance and requiring that substance to be disposed of, at the owner’s expense, in accordance with the controls placed on it by the Authority.
(2) Where the use of any hazardous substance is prohibited in ac- cordance with subsection (1), the Authority may, if it thinks fit, add to or vary the controls on disposal of that substance to con- trol any additional adverse effects of disposal of that substance in accordance with subsection (1), disclosed during reassess- ment.
109 Part 5 s 66A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 66A Disposal of persistent organic pollutants If Schedule 2A does not specify a use for a persistent organic pollutant or a specified use has expired,— (a) (b) no person may use the substance; and the Authority may issue a direction, by notice in the Gazette, requiring the environmentally sound disposal of the persistent organic pollutant.
Section 66A: inserted, on 23 December 2004, by section 11 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
67 Authority to direct disposal of new organisms Following any decision to— (a) decline approval to release any new organism from con- tainment; or decline approval to import, field test, or develop any new organism,— (b) the Authority may direct, the owner of any such organism already in New Zealand to dispose of the organism at the owner’s expense in accordance with the terms of the approval under which the organism was imported, field tested, or devel- oped.
67A Minor or technical amendments to approvals The Authority may, of its own motion, amend any approval given by it under this Part if it considers that the alteration is minor in effect or corrects a minor or technical error.

Section 67A: inserted, on 31 December 2000, by section 26 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Minister’s call-in powers 68 Minister’s power to call in applications with significant effects The Minister may direct that he or she will decide an applica- tion under this Act if the Minister considers that the decision on the application will have— (a) significant cultural, economic, environmental, ethical, health, international, or spiritual effects; or (1) 110 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5 s 70 (b) significant effects in an area in which the Authority lacks sufficient knowledge or experience.
(2) The direction shall include the Minister’s reasons for giving it.

(2A) Sections 114 and 115 of the Crown Entities Act 2004 do not apply to a direction under subsection (1).

(2B) This section applies despite section 113 of the Crown Entities Act 2004.
(3) Where the application is for approval to release from contain- ment any new organism, the Minister, in the Minister’s discre- tion, may include in the direction given under subsection (1) a statement specifying, in the circumstances of the particular case, what is or is not significant for the purposes of applying section 36 in respect of the application.

Section 68(1): substituted, on 30 October 2003, by section 39 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 68(2A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 68(2B): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Notification of Minister’s direction 69 (1) A direction by the Minister under section 68 is not effective in respect of any application unless the direction is notified in the Gazette not later than 30 working days after the date on which the Authority gives public notice of the application.
The Minister shall forward a copy of the Gazette notice under subsection (1) to the Authority; and the Authority shall inquire into and report on the application concerned under sections 71 and 72.

Section 69(1): amended, on 30 October 2003, by section 40 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(2) 70 Minister may appoint persons Where the Minister directs that the Minister will decide any application in accordance with section 68, the Minister may appoint any person or persons with relevant knowledge or ex- perience to sit with the Authority and exercise the power of a member of the Authority under sections 71 and 72.
111 Part 5 s 71 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (2) Conduct of inquiry by Authority 71 (1) On receipt of a notice under section 69, the Authority shall in- quire into any application for an approval to which a direction under section 68 applies.

The Authority may require further information under section 52 in respect of any application to which such a direction ap- plies.
Sections 53 to 61 apply, with all necessary modifications, in respect of such an inquiry as if the conduct of the inquiry were the hearing of an application.

The Authority— (a) must hold an inquiry in public; and (b) must consider— (3) (4) (i) (ii) all matters under this Act relevant to the applica- tion; and the Minister’s reasons for giving the direction under section 68.
Section 71(4): substituted, on 30 October 2003, by section 41 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Authority to report to Minister 72 (1) On completion of an inquiry under section 71, the Authority shall, as soon as practicable, submit to the Minister a written report (including recommendations and reasons) on the appli- cation referred to it by the Minister.
(2) After receiving a report from the Authority, the Minister shall ensure that— (a) a copy of the report is sent to the applicant for any ap- proval to which the report relates; and a copy of the report is sent to every person who made a submission.

(b) 73 Minister to decide application and notify decision (1) When considering his or her decision on the application, the Minister shall have regard to— (a) (b) the report and recommendations of the Authority; and the reasons for calling in the application.
112 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 5A s 73D (2) Within 20 working days after receiving a report from the Au- thority, the Minister shall give his or her decision in writing, including reasons for the decision, give written notice of the decision to the applicant and every person who made a sub- mission, and publicly notify the decision.
Every decision by the Minister under this section may include such controls as may be imposed by the Authority under this Act, and shall have the same effect as a decision by the Au- thority.

Section 73(3): amended, on 30 October 2003, by section 42 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(3) Part 5A Restrictions on approving certain applications [Repealed] Part 5A: repealed, on 30 October 2003, by section 43(1) of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).

73A Interpretation [Repealed] Section 73A: repealed, on 30 October 2003, by section 43(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
73B Application [Repealed] Section 73B: repealed, on 30 October 2003, by section 43(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

73C Authority must not consider or approve certain applications during restricted period [Repealed] Section 73C: repealed, on 30 October 2003, by section 43(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
73D Additional information required for certain applications [Repealed] Section 73D: repealed, on 30 October 2003, by section 43(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
113 Part 5A s 73E Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 73E Additional matters Authority must consider for certain applications [Repealed] Section 73E: repealed, on 30 October 2003, by section 43(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

73F No compensation [Repealed] Section 73F: repealed, on 30 October 2003, by section 43(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
73G Expiry [Repealed] Section 73G: repealed, on 30 October 2003, by section 43(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Part 6 Controls Hazard classification system Establishment of hazard classification system Subject to section 141, the Governor-General may, from time to time, by Order in Council make regulations establishing a hazard classification system by— (a) prescribing for each intrinsic hazardous substance prop- erty a number of degrees or types of hazard: for each intrinsic hazardous substance prescribing, property, a degree of hazard below which any substance is not considered hazardous.
(b) Regulations prescribing hazard classification control Subject to section 141, the Governor-General may, from time to time, by Order in Council make regulations prescribing con- trols for each hazard classification for the following purposes: (a) for substances with explosive properties: (i) to reduce the likelihood of an unintended explo- sion: to control the adverse effects likely to be caused by an explosion: (ii) 74 75 (1) 114 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 75 (b) (c) (d) (e) (f) for substances with flammable properties: (i) to reduce the likelihood of an unintended fire or explosion: to control the adverse effects of any fire or explo- sion: (ii) for substances with oxidising properties: (i) to reduce the likelihood of any unintended release of chemical energy as an explosion or fire: to control the adverse effects of any release of chemical energy as an explosion or fire: (ii) for substances with corrosive properties: (i) to reduce the likelihood of any unintended corro- sion: to control the adverse effects of any corrosion: (ii) for substances with toxic properties: (i) to reduce the likelihood of any unintended expos- ure to any such substances: to control the adverse effects of any exposure to such substances: (ii) for substances with ecotoxic properties: (i) to reduce the likelihood of unintended exposure to any such substance: to control the adverse effects of any exposure to such substances: (ii) (g) prescribing substances as substances which are not haz- ardous for the purpose of this Act.
(2) Any regulations made under this section may require any spe- cified person to obtain a test certificate at any specified time certifying that any prescribed requirement has been met.

(3) Any regulations made under subsection (1)(e) or (f) may— (a) (b) set, or provide for the setting of, exposure limits within a range of values, or according to a methodology: set, or provide for the setting of, exposure limits by adopting international values or international method- ologies.
Section 75(3): added, on 22 December 2005, by section 17 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
115 Part 6 s 76 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 76 (1) Requirements for containers, identification, disposal, emergencies, tracking, and fireworks Subject to section 141, the Governor-General may from time to time, by Order in Council, make regulations prescribing controls in respect of any hazard classifications for the follow- ing purposes: (a) (b) (c) (d) (e) prescribing requirements for packages or containers for hazardous substances: prescribing requirements for specifying the identifica- tion, labelling, or advertising of hazardous substances: prescribing requirements for disposal of hazardous sub- stances: prescribing requirements to manage any emergency in- volving a hazardous substance: prescribing systems for tracking hazardous substances which may include requirements that— (i) the whereabouts of the substance be recorded at all times or from time to time: the quantity of the substance be recorded: a person be identified as being in charge of the substance: any person handling the substance holds pre- scribed qualifications: (ii) (iii) (iv) (f) prescribing qualifications, including requirements that a person be a member of any specified professional body or organisation, for any person handling a hazardous substance.
(2) Any requirements prescribed in accordance with paragraph (a) or paragraph (b) or paragraph (c) of subsection (1) shall com- ply with any relevant requirements prescribed by regulations made under section 75.

(3) Any regulations made under this section may require any per- son to obtain a test certificate at any specified time certifying that any specified requirement has been met.
(4) Despite section 18(1) of the Building Act 2004, regulations may be made prescribing requirements for stationary contain- ers that require a person to achieve performance criteria that are additional to or more restrictive in relation to any building 116 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 77 work than the performance criteria specified in the building code as defined in section 7 of the Building Act 2004.
Section 76(4): substituted, on 20 September 2007, by section 5 of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

Controls on hazardous substances 77 (1) Where the Authority has approved the importation or manu- facture of any substance under section 28A or section 29, the Authority shall give that substance 1 or more hazard classifi- cations in accordance with the intrinsic properties of that sub- stance and the degree of hazard of that substance.
The controls prescribed for each hazard classification shall at- tach to the substance, but may be varied,— (a) from time to time by amendments to the regulations pre- scribing controls for the relevant hazard classification: at the time the substance is approved, in accordance with subsections (3), (4) and (5).
(b) (2) (2A) (3) (4) If regulations referred to in subsection (2)(a) are made, then, unless the Authority otherwise determines, the regulations do not affect any variations made by the Authority under subsec- tions (3) to (5) before the commencement of the regulations.
The Authority may substitute or add any controls prescribed for any classification,— (a) where the adverse effects identified for a substance are greater than the adverse effects which would usually be associated with substances given that hazard classifica- tion; or (b) where another substance with similar or improved bene- ficial effects and reduced adverse effects has become available and the availability of the substance should be restricted by the imposition of additional controls; or where the scientific and technical uncertainty in the available information is such that the adverse effects cannot be accurately identified.
(c) The Authority may substitute or delete any or all controls pre- scribed for any classification,— (a) where the adverse effects identified for a substance are less than the adverse effects which would usually be 117 Part 6 s 77A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 associated with substances given that hazard classifica- tion; or (b) where the benefits of any substance are such that the controls should be varied to retain the benefits and the variation would, in the opinion of the Authority, not significantly increase the adverse effect.
(5) Where any substance is given 2 or more hazard classifications, the Authority shall combine the prescribed controls and im- pose such of those controls as will control all of the adverse effects identified for the substance.

(6) Where any controls are varied or deleted in accordance with subsection (3) or subsection (4), the Authority shall ensure that the controls remain consistent over the whole lifecycle of the substance concerned.
(7) Any restrictions and prohibitions on the sale of fireworks pre- scribed under section 140(1)(r) shall be in addition to any con- trols placed on fireworks under this section to control their ex- plosive properties.

The powers under sections 77A and 77B are in addition to the powers conferred by this section.

Section 77(1): amended, on 2 July 2001, by section 27 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).
(8) Section 77(2A): inserted, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).

Section 77(8): added, on 22 December 2005, by section 18 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
77A Authority’s power to impose controls and vary specified (1) controls The Authority may, at the time it approves a substance for any purpose under this Act, impose as controls under this section any obligations and restrictions that the Authority thinks fit.
(2) Without limiting anything in subsection (1), the Authority may,— (a) in approving a substance, specify as a control under this section an obligation to obtain a permission under sec- tion 95A for general or particular use of the substance: 118 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 77B (b) in approving a substance, specify as a control under this section an obligation to obtain a licence under section 95B for possession of the substance.
be additional to other specified controls; or vary other specified controls; or be in substitution for other specified controls; or combine other specified controls; or delete other specified controls.
(3) Obligations and restrictions imposed under this section are controls for the purposes of this Act, and such controls may— (a) (b) (c) (d) (e) Before imposing a control under this section, the Authority must be satisfied that, against any other specified controls that apply to the substance,— (a) (4) the proposed control is more effective in terms of its ef- fect on the management, use, and risks of the substance; or the proposed control is more cost-effective in terms of its effect on the management, use, and risks of the sub- stance; or the proposed control is more likely to achieve its pur- pose.
(b) (c) (5) In this section, other specified controls means controls im- posed by or under any other section of this Act, and includes controls imposed by regulations made under this Act.

Section 77A: inserted, on 24 March 2004, by section 5 of the Hazardous Sub- stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
77B Exposure limits for substances with toxic or ecotoxic properties (1) Despite anything to the contrary in this Act, the Authority may, at the time, or at any time after, it approves a substance with toxic or ecotoxic properties for any purpose under this Act,— set exposure limits for the substance or any element or (a) compound making up the substance that the Authority thinks fit; or provide for the setting of exposure limits for the sub- stance or any element or compound making up the sub- stance.
(b) 119 Part 6 s 77B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (2) Exposure limits set under subsection (1) may comprise 1 or more of the following: (a) (b) (c) environmental exposure limits: tolerable exposure limits: workplace exposure standards.
(3) Without limiting anything in subsection (1), the Authority may— (a) (b) (c) provide that all or any of the exposure limits set by it are for guidance only: set, or provide for the setting of, exposure limits within a range of values or according to a methodology: set, or provide for the setting of, exposure limits by adopting international values or international method- ologies.
be additional to other specified exposure limits; or vary other specified exposure limits; or substitute other specified exposure limits; or combine other specified exposure limits; or delete other specified exposure limits.
Exposure limits imposed under this section are controls for the purposes of this Act, and such exposure limits may— (a) (b) (c) (d) (e) Before setting exposure limits under this section, the Authority must— (a) consider the best international practices and standards for the safe management of substances with toxic or ecotoxic properties; and be satisfied that, against other specified exposure limits that apply to the substance,— (i) (b) the proposed exposure limit is more effective in terms of its effect on the management, use, and risks of the substance; or the proposed exposure limit is more cost-effect- ive in terms of its effect on the management, use, and risks of the substance; or the proposed exposure limit is more likely to achieve its purpose; and (ii) (iii) (c) do everything reasonably practicable on its part to ad- vise all people who in its opinion may be affected by the proposed exposure limit; and (4) (5) 120 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 78 (6) (d) give those people a reasonable opportunity to make sub- missions and comments to the Authority on the pro- posed exposure limit; and consider all submissions and comments received.
(e) In this section,— environmental exposure limit means the limit on the concen- tration of a substance (or any element or compound making up the substance) with ecotoxic properties in an environmental medium as set in accordance with this section or regulations made under section 75 tolerable exposure limit means the limit on the concentration of a substance (or any element or compound making up the substance) with toxic properties in an environmental medium as set in accordance with this section or regulations made under section 75 workplace exposure standard means the limit on the concen- tration of a substance (or any element or compound making up the substance) with toxic properties in air set in accordance with this section or regulations made under section 75 for the purpose of protecting persons in a workplace from the adverse effects of toxic substances.
Section 77B: inserted, on 22 December 2005, by section 19 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

78 (1) (2) (3) (4) Codes of practice The Authority may from time to time issue, amend, approve, or revoke any code of practice for hazardous substances for the purpose of implementing any requirement included in controls or in regulations in force under this Act.
Every code of practice, and every amendment or revocation of a code of practice for hazardous substances, shall show the date on which it was issued.

The Authority may issue, as a code of practice for hazardous substances, any code of practice approved under any other Act.
The Authority may approve, as a code of practice for haz- ardous substances, any document prepared by any other per- son if that document is considered by the Authority as a suit- 121 Part 6 s 79 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 able document for use as a code of practice for hazardous sub- stances.
(5) A code of practice issued or approved under this Act that is also a code of practice approved under any other Act or a docu- ment prepared by another person, consists of the contents of that code or document as that code or document existed on the date that it was approved or issued as a code of practice under this Act.
The Authority shall not— (a) (6) adopt with modification any documents previously ap- proved by a Minister of the Crown (or by the Building Industry Authority established by section 10(1) of the Building Act 1991); or approve any amendment of any part of a code of practice that comprises a document approved by a Minister of the Crown (or by the Building Industry Authority) and later adopted by the Authority— (b) without the written consent of the relevant Minister or the Building Industry Authority.
Section 78(1): substituted, on 2 July 2001, by section 28 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).

Section 78(5): substituted, on 7 May 1999, by section 7 of the Hazardous Sub- stances and New Organisms Amendment Act 1999 (1999 No 35).

Codes may be approved by Authority 79 (1) A code of practice for hazardous substances, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Authority.
Subject to subsection (3), the Authority shall not approve any code, or any amendment or revocation of a code, unless— (a) (2) not less than 20 working days has elapsed since the pub- lication in the Gazette of a notice of the intention to apply for approval; and the Authority has consulted such persons as will be af- fected by the code or amendment or revocation or who have advised the Authority in writing that they wish to be consulted, or representatives of those persons, and they have had the opportunity to consider its possible (b) 122 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 80 effects and to comment on those effects to the Author- ity; and the Authority has considered any comments made to it concerning those effects.
(c) (3) The Authority may approve a code of practice for hazardous substances or any amendment or revocation of that code with- out complying with the requirements of subsection (2)(a) or (b), if it is satisfied that sufficient consultation has already taken place in respect of the matters in the code, or amend- ment, or revocation.
[Repealed] (4) (5) When the Authority approves a code of practice for hazardous substances or an amendment or revocation of that code, the Authority shall— (a) publish a notice of the approval of the code of practice in the Gazette; and show the date of the approval of the code of practice on the code, amendment, or revocation and promulgate it in such manner as the Authority thinks fit.
(b) Section 79(2)(b): amended, on 2 July 2001, by section 29(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 79(4): repealed, on 2 July 2001, by section 29(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
80 (1) (2) Availability of codes If the Authority approves a code of practice, the Authority must ensure that, so long as the code remains in force, copies of that code, and of all amendments to that code, are available— for inspection by members of the public free of charge; (a) and for purchase by members of the public at a reasonable price.
(b) The notice of approval published in the Gazette pursuant to section 79 shall show, in relation to the code, or the amendment to a code to which it relates, a place or places at which copies of the code or, as the case requires, the amendment, are available for public inspection and purchase.

Section 80(1): substituted, on 2 July 2001, by section 30(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
123 Part 6 s 81 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 80(2): amended, on 2 July 2001, by section 30(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
81 Proof of code Without affecting any other method of proof, the production in any proceedings of a copy of any code of practice for haz- ardous substances, or amendment or revocation of such a code of practice, purporting to have been approved by the Authority, in the absence of evidence to the contrary, shall be sufficient proof that it has been issued in accordance with this Act.
Test certifiers Issue of test certificates by test certifiers 82 (1) Where— (a) (aa) (b) any regulations made under this Act; or any approval granted by the Authority under this Act; or any requirements imposed in accordance with Schedule 3,— require any person to obtain a test certificate, that person shall obtain the test certificate from a test certifier who has been approved to issue such a test certificate in accordance with sections 83 and 84.
(2) A test certifier may, if he or she is authorised to issue a test certificate for any prescribed requirement and is satisfied on reasonable grounds that the prescribed requirement has been met, issue a test certificate.

(3) A test certifier shall not issue any test certificate in respect of any matter if the test certifier is or has been responsible for, or has a financial interest in, the design, planning or construction of anything relating to the matter.
(4) Where any test certifier considers, on reasonable grounds that any matter does not comply with the relevant requirement, he or she shall, unless a conditional test certificate is issued under subsection (4A),— (a) (b) refuse to issue a test certificate; and notify the applicant, in writing, with reasons, of the re- fusal; and 124 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 82 (c) notify the appropriate enforcement agency unless the test certifier is satisfied that any potential adverse effect from failure to comply with the relevant requirements has been satisfactorily avoided.
(4A) A test certifier may issue a conditional test certificate for a haz- ardous substance location if he or she considers, on reasonable grounds, that the failure to meet the relevant requirements for the hazardous substance location is minor and technical in na- ture.
(4B) A conditional test certificate must— (a) (b) (c) specify the requirements that have not been met; and specify the date by which the requirements must be met; and state that the certificate expires on the close of the day specified under paragraph (b) if the requirements have not been met by then.

(4D) (4C) A conditional test certificate expires on the close of the day specified under subsection (4B)(b) if the requirements speci- fied under subsection (4B)(a) have not been met by then.
In all other respects, a conditional test certificate is a test cer- tificate for the purposes of this Act.

In subsection (4A), hazardous substance location has the same meaning as in regulation 3 of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001.

(4E) (5) A test certifier must, as soon as practicable after issuing a test certificate under this section, forward a copy of that test cer- tificate to the Authority.
Section 82(1)(aa): inserted, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).

Section 82(4): amended, on 20 April 2010, by section 19(1) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 82(4A): inserted, on 20 April 2010, by section 19(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 82(4B): inserted, on 20 April 2010, by section 19(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 82(4C): inserted, on 20 April 2010, by section 19(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 82(4D): inserted, on 20 April 2010, by section 19(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
125 Part 6 s 82A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 82(4E): inserted, on 20 April 2010, by section 19(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 82(5): added, on 22 December 2005, by section 20 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
82A Register of test certificates (1) The Authority must keep and maintain a register of test certifi- cates issued by test certifiers under section 82.

The purpose of the register is to facilitate compliance with, and enforcement of,— (a) this Act, the Agricultural Compounds and Veterinary Medicines Act 1997, the Health and Safety in Employment Act 1992, and the Resource Management Act 1991; and any regulations or notices in force under those Acts.
(b) The register must specify— (a) (2) (3) (b) (c) (d) (e) (f) (g) the date on which each test certificate was issued, and the expiry date or (if applicable) the date of the revoca- tion of the test certificate; and the name of the test certifier who issued the certificate; and the matter for which each test certificate has been is- sued; and details of the prescribed requirements for which each test certificate was issued; and in the case of a test certificate issued in respect of a place, the street address of the place; and in the case of a test certificate issued in respect of a person,— (i) (ii) the name of the person; and the name and address of the person’s place of work; and in the case of a conditional test certificate issued for a hazardous substance location,— (i) (ii) details of the hazardous substance location; and the relevant requirements for the hazardous sub- stance location that have not been met; and the date by which the requirements must be met.
(iii) 126 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 82A (4) A search of the register may be carried out by the Authority, and by the following persons for the following purposes: (a) (b) (c) an individual, or a person with the written consent of the individual, for the purpose of searching for information about that individual in accordance with the Privacy Act 1993: a test certifier for the purpose of searching for infor- mation that the test certifier has provided under section 82(5): an approved person for a purpose that— (i) (ii) relates to the purpose of the register; or is necessary to prevent or lessen a serious and imminent threat to public health, public safety, or the life or health of any person; or is necessary to avoid prejudice to the mainten- ance of the law (including the prevention, detec- tion, investigation, prosecution, and punishment of offences); or has been authorised by the Privacy Commis- sioner under section 54(1) of the Privacy Act 1993; or is necessary to plan for responses to any emer- gency (as defined in section 46).
(iii) (iv) (v) (5) In this section, approved person means— (a) the chief executive of the department that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Agricultural Compounds and Veterinary Medicines Act 1997: a person specified in section 97: the chief executive of the New Zealand Fire Service: an enforcement officer.
(b) (ba) (c) Section 82A: inserted, on 22 December 2005, by section 21 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 82A(3)(f)(ii): amended, on 20 April 2010, by section 20(1) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 82A(3)(g): added, on 20 April 2010, by section 20(1) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 82A(4)(c)(iv): amended, on 20 April 2010, by section 20(2) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

127 Part 6 s 82B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 82A(4)(c)(v): added, on 20 April 2010, by section 20(2) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 82A(5)(ba): inserted, on 20 April 2010, by section 20(3) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

(2) 82B Delegation by approved person (1) An approved person described in section 82A(5)(a), (b), or (ba) may, in writing, delegate to any person the approved per- son’s power to search the register in accordance with section 82A(4).

The approved person may delegate the power to search the register on such terms and conditions as the approved person thinks fit.
Every decision made in accordance with a delegation under subsection (1) must be treated in all respects as though it were a decision of the approved person.

Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

(4) (3) (6) (5) A delegation under this section is revocable at will and does not prevent the exercise of the power to search the register by the approved person.
Every delegation under subsection (1) must be available for public inspection at the office of the relevant approved person during ordinary office hours.

Section 82B: inserted, on 22 December 2005, by section 21 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 82B(1): amended, on 20 April 2010, by section 21 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
82C Revocation of test certificates (1) The Authority may, at any time and by notice in writing to the person to whom the test certificate was issued (the certificate holder), revoke a test certificate if the Authority is satisfied that the certificate holder— (a) obtained the test certificate by fraud, misrepresentation, or concealment of facts; or has been negligent as a certificate holder; or (b) 128 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 82C (c) (d) is incompetent to act as a certificate holder; or has not met, or continued to meet, any requirement for which the test certificate was issued.
(2) (3) (4) (5) (6) The Authority may not revoke a test certificate under subsec- tion (1) unless the Authority— (a) has notified the certificate holder in writing of its inten- tion to investigate whether to revoke the test certificate; and has given the certificate holder reasons in writing for the Authority’s investigation; and has given the certificate holder a reasonable opportunity to make submissions to the Authority in respect of the investigation; and has considered all submissions and any other informa- tion received; and is, as a result of the investigation, satisfied that there are grounds for revoking the test certificate under subsec- tion (1).
(b) (c) (d) (e) The Authority may seek, receive, or take into account any other information or evidence that the Authority considers relevant for the purposes of this section.

If the Authority proposes to take into account any information that is or may be prejudicial to the certificate holder, the Au- thority must, subject to subsection (5), disclose that informa- tion to the certificate holder and give him or her a reasonable opportunity to refute or comment on the information.
The Authority is not required to disclose any information under subsection (4) that would be likely to endanger the safety of any person.
If the Authority determines not to disclose any information in reliance on subsection (5), the Authority must inform the cer- tificate holder of the fact of non-disclosure, and the following provisions apply: (a) in the case of non-disclosure to an individual of infor- mation about the individual,— (i) the Authority must inform the individual that he or she may, under the Privacy Act 1993, com- plain to the Privacy Commissioner about that non-disclosure; and 129 Part 6 s 83 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (ii) the provisions of that Act apply to that non-dis- closure as if, following a request under that Act for the information withheld, the information had been withheld under section 27(1)(d) of that Act; and (b) in any other case,— (i) the Authority must inform the person that the per- son may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982; and the provisions of that Act apply to that non-dis- closure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d) of that Act.
(ii) (7) On completion of the Authority’s investigation, the Authority must notify the certificate holder in writing of— (a) (b) the Authority’s decision; and the certificate holder’s right of appeal against that deci- sion.

(8) A test certificate that is revoked under this section is deemed to have expired on the date on which the test certificate was revoked.
[Repealed] Section 82C: inserted, on 22 December 2005, by section 21 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

(9) Section 82C heading: amended, on 20 April 2010, by section 22(1) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 82C(1): amended, on 20 April 2010, by section 22(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 82C(1)(c): amended, on 20 April 2010, by section 22(3) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 82C(1)(d): added, on 20 April 2010, by section 22(3) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 82C(9): repealed, on 20 April 2010, by section 22(4) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Applications for approval as test certifier 83 (1) Any person may apply to the Authority for approval as a test certifier.

130 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 84 (2) (3) (4) Every application shall be in the form specified or provided by the Authority and shall specify the requirements in respect of which the applicant wishes to be approved as a test certifier.
Except as provided by subsection (4), each application shall include— (a) information that will enable the Authority to decide whether or not the applicant has appropriate qualifica- tions, sufficient knowledge of the relevant requirement, and appropriate equipment to test for the relevant re- quirements, and, if so,— (i) the specific requirements in respect of which the applicant should be approved; and any limitations which should be placed on the approval: (ii) (b) where required by the Authority, evidence that a scheme of insurance, approved by the Authority, will apply in respect of any insurable civil liability of the applicant that might arise out of the issuing by the applicant of a test certificate under this Act or any regulations.
In the case of an applicant who is or has been a test certifier and who is applying for continuation or renewal of approval in respect of the same requirements, the application need not be accompanied by the documentation required by subsection (3)(a), but instead shall be accompanied by— (a) a list of any additional qualifications that the applicant has acquired since that person’s previous application; and a request for any changes to any limitations imposed on the previous approval, with reasons for the request; and in the case of an application for renewal, reasons why the approval lapsed.
(b) (c) 84 (1) (2) Processing applications for approval as test certifier The Authority may require the applicant for approval as a test certifier to provide further information in support of the appli- cation.

If the applicant is unable to comply with any requirement of the Authority under subsection (1), the applicant shall inform 131 Part 6 s 85 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (3) (4) the Authority of the reasons why the applicant is unable to comply.
The application shall be considered by the Authority within 20 working days of receipt of all information required under subsection (1) or notification by the applicant under subsection (2) that he or she is unable to comply with a request for further information.

The Authority shall notify the applicant not less than 10 days before any meeting at which it is intended to consider the ap- plication.
The applicant may, and if the Authority so requires, the applicant shall, appear and be heard at that meeting of the Authority.
(5) After considering an application for approval as a test certifier the Authority shall grant the approval if it is satisfied— (a) that the applicant has— (i) (ii) the prescribed qualifications; and sufficient knowledge of the relevant require- ments; and complied with any other prescribed conditions; and (iii) (b) where required by the Authority, that a scheme of insur- ance approved by the Authority will apply in respect of any insurable civil liability of the applicant that might arise out of the issuing by the applicant of a test certifi- cate under this Act or any regulations, except in respect of a test certificate issued by a territorial authority.
If the Authority declines an application it shall notify the ap- plicant in writing specifying the reasons.

(6) (7) An approval expires on the earlier of the following dates: (a) (b) 5 years after the date on which it is given: the date of expiry (if any) specified by the Authority in the approval.

Section 84(7): substituted, on 2 July 2001, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).
Register of test certifiers The Authority shall establish and maintain a register of test certifiers.
85 (1) 132 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 87 (2) Whenever the Authority approves a person as a test certifier, it shall enter on the register— (a) (b) (c) the date of approval; and the name and address of the person approved; and the specific requirements in respect of, or in connection with which, the person may issue test certificates; and any limitation on the matters in respect of which the person may issue test certificates; and the date of expiry of the approval; and such other matters relating to the approval as the Au- thority directs.
(d) (e) (f) (3) A test certificate purporting to be under the hand of a per- son duly authorised by the Authority to issue such a certifi- cate shall, in the absence of proof to the contrary, and without proof of the signature appended to the certificate, be sufficient evidence of the matters specified in the certificate.

Every person shall have the right to inspect the register during the ordinary office hours of the Authority.
(4) 86 (1) (2) 87 (1) (2) Complaints to Authority If the Authority receives any complaint about, or has cause to query the conduct or ability of, a test certifier, the Authority may investigate the complaint or query and, if it considers the complaint or query to be justified, may amend or cancel the approval.
The Authority may, if it thinks fit, after the receipt of any com- plaint or query, suspend all or any part of the approval given under section 84 until the investigation under subsection (1) is complete.

Transferable permits Establishment of transferable permit scheme Subject to section 141, the Governor-General may from time to time, by Order in Council, make regulations establishing a transferable permit scheme for any hazardous substance or group of hazardous substances.
Regulations made under subsection (1) may include the fol- lowing matters: 133 Part 6 s 88 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (a) (b) (c) (d) (e) the amount of substance available for importation or manufacture in any specified period of time or a method for determining that amount: the method of allocating, reallocating, reducing, in- creasing, or cancelling any transferable permits: the period for which any transferable permit will be valid: any limitations upon the transfer of permits: any scheme monitoring requirements, including any re- porting requirements imposed on holders of permits.
(3) Any method specified in accordance with subsection (2)(b) shall first allocate transferable permits to persons importing or manufacturing the substance immediately prior to the es- tablishment of the transferable permit scheme.

(4) Any method specified in accordance with subsection (2)(a) may provide for the amount of a substance to be reduced or increased over a specified period of time.
(5) Where any regulations made under this section specify a method for reducing the amount of substance available for importation or manufacture, no compensation shall be payable in respect of any such reduction.
Authority to recommend establishment The Authority may recommend to the Minister that a transfer- able permit scheme be established, amended, or revoked for any hazardous substances or group of hazardous substances, in accordance with section 87, where the Authority is satis- fied— (a) that a reduction in the likely occurrence of adverse ef- fects similar to that achieved by the controls attached to any substance in accordance with sections 77, 77A, and 77B could be achieved by— (i) (ii) any transferable permit scheme; or any combination of a transferable permit scheme and controls prescribed in accordance with sec- tions 75 and 76; and (b) that such a scheme will be cost effective to implement, having regard to the costs associated with the transfer- able permit scheme, including the costs of monitoring 88 134 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 91 and the costs of alternative methods of controls, and the benefits provided from the ability to transfer permits.
Section 88(a): amended, on 22 December 2005, by section 22 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
89 Transferable permit scheme and variation of controls (1) Where any transferable permit scheme is established for any hazardous substance in accordance with section 87, the Au- thority may substitute or delete any controls attached to that substance if the combination of controls and transferable per- mit scheme reduce the likely adverse effects of that substance to a level similar to that achieved by the controls attached to that substance in accordance with sections 77, 77A, and 77B.
(2) Any substitution or deletion of controls on any substance in accordance with subsection (1) shall remain in force so long as the transferable permit scheme in place at the time of the substitution or deletion of controls remains the same.

Section 89(1): amended, on 22 December 2005, by section 23 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Transfer of permits 90 (1) Any person who has been granted a transferable permit in ac- cordance with any scheme established under section 87 may transfer that permit or any part of it to any other person.

The transferor, within 20 working days after making any such transfer, shall notify the Authority in writing of the transfer, the amount transferred, and the name and address of the trans- feree, and return the permit for reissuing.
(2) (3) No transfer shall be valid unless the Authority is notified in accordance with subsection (2).
91 Contents of transferable permits Every transferable permit shall specify— (a) (b) the substance in respect of which it is issued; and the dates of issue and expiry of the permit; and 135 Part 6 s 92 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (c) (d) the amount of the substance which the permit holder is permitted to import or manufacture under the permit; and any other controls on the importation or manufacture of substances as the Authority thinks fit.
92 Modification of permits The Authority may modify any permit to correct any clerical error or omission.

93 (1) (2) Registration of scheme Before commencing any transferable permit scheme, the Au- thority shall establish a register for each scheme.

The Authority shall include in the register— the details of every permit issued; and (a) the details of every transfer of the whole or any part of (b) a transferable permit.

(3) The register shall be available for inspection upon request to any person.
(4) An entry in the register, in the absence of evidence to the con- trary, shall be sufficient proof that the person named in the register is the holder of the transferable permit to which the entry relates.

Transferable permit not to be mortgaged Any contract or other instrument purporting to create any in- terest in any transferable permit for the purpose of securing the payment of a debt or other pecuniary obligation, or for the performance of any other obligation, is void.
Prohibition on import or manufacture until transferable permit obtained Where a transferable permit scheme exists for a substance— no person shall manufacture or import that hazardous (a) substance unless any relevant transferable permit has been obtained for the amount of substance being manu- factured or imported; and 94 95 136 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 95A (b) any Customs officer may permit the importation of any hazardous substance upon production by the importer of a relevant transferable permit for the amount of sub- stance being imported.
Permissions and licences Heading: inserted, on 24 March 2004, by section 6 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

95A Permissions (1) This section applies if the Authority approves a substance sub- ject to an obligation referred to in section 77A(2)(a) (namely that, before using the substance, a person must obtain a prior permission under this section for the general or particular use of the substance).
(2) An application for a permission under this section must be made in a form approved by the Authority, and must be ac- companied by the appropriate charge (if any) fixed under sec- tion 21.

In considering an application, the Authority must consider— the adverse effects involved in the use or uses of the (a) substance to which the application relates; and the conditions (if any) that it thinks should be imposed as part of the permission.
(3) (b) (4) (5) The Authority may grant a permission subject to any condi- tions it may specify in the permission that are consistent with the approval of the substance.

The holder of a permission granted under this section is au- thorised to use the substance specified in the permission in ac- cordance with the approval of the substance and the holder’s permission.

(6) A permission granted under this section must be in writing and (7) in a form approved by the Authority.
The Authority may, at any time by notice in writing to the holder of a permission granted under this section,— (a) add or delete any conditions, or otherwise vary any con- ditions: 137 Part 6 s 95B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) revoke a permission granted to the holder under this section.
Section 95A: inserted, on 24 March 2004, by section 6 of the Hazardous Sub- stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

95B Licences (1) This section applies if the Authority approves a substance sub- ject to an obligation referred to in section 77A(2)(b) (namely, that a person must obtain a licence under this section before possessing the substance).
(2) An application for a licence under this section must— (a) (b) be made in a form prescribed by regulations referred to in subsection (4) or (in the absence of such regulations) in a form determined by the Authority; and be accompanied by the appropriate charge (if any) fixed under section 21.
(3) The Authority— (a) must grant a licence under this section if satisfied that the applicant— (i) is a fit and proper person to possess the substance concerned; and (ii) meets the relevant test certification requirements that apply to the substance under section 82; and (b) may make the licence subject to any conditions it may specify in the licence.
Regulations made under section 76 or section 140, or both, may (without limitation)— (a) specify the criteria the Authority must consider in deter- mining whether the applicant is a fit and proper person: specify any other matters that the Authority may con- sider in determining whether to grant a licence under this section: prescribe the form of an application for a licence under this section: provide for the variation of licences under this section and provide for their revocation: provide for any other matters necessary for the admin- istration of licences under this section.
(b) (c) (d) (e) (4) 138 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6 s 96 (5) The holder of a licence granted under this section is authorised to possess the substance specified in the licence in accordance with the approval of the substance and the holder’s licence.

Section 95B: inserted, on 24 March 2004, by section 6 of the Hazardous Sub- stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
Environmental user charges Report on environmental user charges 96 (1) Where the Authority considers that a reduction in the likely occurrence of adverse effects similar to that achieved by the controls attached to any substance in accordance with sections 77, 77A, and 77B could be achieved by— (a) (b) any environmental user charge; or any combination of an environmental user charge and controls prescribed in accordance with section 75 or section 76,— (2) the Authority may report to the Minister on such a charge or any combination of such controls and an environmental user charge.
Before preparing any report in accordance with subsection (1), the Authority shall satisfy itself that any environmental user charge would be cost effective to implement having regard to the costs associated with the environmental user charge, in- cluding the costs of monitoring and the costs of alternative methods of control.
(3) Any report to the Minister made in accordance with subsection (1) may include any other matters relevant to any environmen- tal user charge, including a report on— (a) (b) (c) (d) (e) the time of commencement of any environmental user charge; and the duration of any environmental user charge; and any matters relevant to the implementation of environ- mental user charges; and use of the revenue from environmental user charges; and any procedure for adjusting or removing any controls already imposed upon a substance at the time of impos- ition of the environmental user charge; and 139 Part 6A s 96A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (f) any procedure for adjusting or removing any combin- ation of controls and environmental user charge or an environmental user charge, after a reassessment of the substance under section 62.
Section 96(1): amended, on 22 December 2005, by section 24 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Part 6A Group standards Part 6A: inserted, on 22 December 2005, by section 25 of the Hazardous Sub- stances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
96A Purpose of Part The purpose of this Part is to enable the Authority to issue, amend, and revoke standards (known as group standards) for groups of hazardous substances (whether these are subject to Part 5 or not) that have a similar nature, are of a similar type, or have similar circumstances of use, so that the risks of the grouped hazardous substances can be effectively managed by 1 set of conditions.
Section 96A: inserted, on 22 December 2005, by section 25 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
96B Group standards (1) The Authority may, by notice in the Gazette, issue group stand- ards that— (a) identify the group of hazardous substances or products (described in subsection (2)) concerned; and impose as conditions under this section any obligations and restrictions that the Authority thinks fit on the iden- tified group of hazardous substances or products.
(b) (2) A group standard may apply to 1 or more of the following hazardous substances or products: (a) (b) a hazardous substance to which Part 5 applies: a hazardous substance to which Parts 11 to 15 apply: 140 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6A s 96C (c) (d) a hazardous substance to which a notice or regulation under Part 11 applies, or a hazardous substance that has been approved under Part 5: a product (including, but not limited to, a manufactured article, a waste product, or a manufacturing by-product) that is, contains, incorporates, or includes a hazardous substance.
(3) (4) The Authority may, by notice in the Gazette, amend or revoke group standards that are issued under subsection (1).

The Authority may issue, amend, or revoke group standards under this section— (a) (b) on its own initiative; or on application by any person.

(5) A notice issued under this section is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.
(6) As soon as practicable after issuing, amending, or revoking a group standard, the Authority must do the following: (a) publish the group standard, amendment, or revocation in a publication relevant to affected persons; and (b) make the group standard, amendment, or revocation available to be inspected free of charge and purchased at a reasonable price; and give public notice of where the group standard, amend- ment, or revocation can be inspected or purchased.
Section 96B: inserted, on 22 December 2005, by section 25 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
(c) 96C When group standards may be issued or amended (1) Before issuing or amending group standards under section 96B, the Authority must,— (a) in the case of any hazardous substance to which section 96B(2)(a) applies, be satisfied that issuing or amending (as the case may be) group standards is a more efficient and effective way of managing the risks of all the haz- ardous substances in the identified group than the ap- proval process under Part 5; and 141 Part 6A s 96C Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) (c) (d) (e) in the case of any hazardous substance to which section 96B(2)(b) applies, be satisfied that issuing or amending (as the case may be) group standards is a more efficient and effective way of managing the risks of all the haz- ardous substances in the identified group; and in the case of any hazardous substance to which section 96B(2)(c) applies, be satisfied that issuing or amending (as the case may be) group standards is a more efficient and effective way of managing the risks of all the haz- ardous substances in the identified group; and in the case of any product to which section 96B(2)(d) applies, be satisfied that— (i) the benefits associated with a reduction of envir- onmental and health risks outweigh the economic costs associated with complying with the group standard; and the issuing or amending (as the case may be) of group standards is the most efficient and effective way of managing the risks of all the products in the identified group,
 having considered matters including alternative methods of managing those risks; and the group standard is only applied to the extent that it is reasonably necessary to manage the risks of the products; and where a group standard applies— (i) (iii) (ii) to 1 hazardous substance or product (described in section 96B(2)), be satisfied that the risks of the hazardous substance or product can be effect- ively managed by one set of conditions; or to more than 1 hazardous substance or product (described in section
 96B(2)), be satisfied that all the hazardous substances or products in the iden- tified group have a similar nature, are of a sim- ilar type, or have similar circumstances of use, such that the risks of the group of hazardous sub- stances or products can be effectively managed by 1 set of conditions; and (ii) 142 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 6A s 96D (f) (g) (h) consider the best international practices and standards for the safe management of hazardous substances and products (described in section 96B(2)); and consider the types of controls appropriate for the group in accordance with sections 77, 77A, and 77B; and in accordance with section 53, publicly notify— (i) the proposal to issue or amend (as the case may be) group standards; and its assessment of the matters required under sub- section (1)(a), (b), (c), (d), and (e) in relation to the group standards as proposed to be issued or amended.
(ii) (2) Where the Authority proposes to issue, amend, or revoke group standards on its own initiative, sections 53 to 61 apply, with all necessary modifications, for the purposes of this section, as if the proposal were an application.

(3) However, the Authority may, on its own initiative, amend a group standard under section 96B without complying with subsections (1) and (2) of this section, if it considers that the amendment is minor in effect or corrects a minor or technical error.
Section 96C: inserted, on 22 December 2005, by section 25 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 96C(3): added, on 20 April 2010, by section 23 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).

96D Revocation of group standards (1) Before revoking group standards under section 96B, the Au- thority must publicly notify its proposal to revoke group stand- ards in accordance with section 53.
Sections 54 to 61 apply, with all necessary modifications, for the purposes of this section.

Section 96D: inserted, on 22 December 2005, by section 25 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
(2) 143 Part 6A s 96E Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 96E Effect of group standards (1) If a group standard applies to a hazardous substance or prod- uct, the substance or product must comply with the group standard.

(2) However, in the case of a hazardous substance, if the haz- ardous substance also has an approval given under this Act, the substance may instead comply with the approval.
(3) A hazardous substance to which section 96B(2)(a) applies is deemed to have been approved by the Authority under section 29.

Section 96E: inserted, on 22 December 2005, by section 25 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
96F Hazardous substances in group standards if Parts 11 to 15 apply If Parts 11 to 15 apply to a hazardous substance and a group standard is made under section 96B that applies to the sub- stance,— (a) Parts 11 to 15 do not apply to that hazardous substance on and from the date on which the group standard comes into force; and the hazardous substance is deemed to have been ap- proved by the Authority on the date that the group stand- ard comes into force.
(b) Section 96F: inserted, on 22 December 2005, by section 25 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Part 7 Inspection, enforcement, and ancillary powers Inspection Enforcement of Act The following persons shall ensure the provisions of this Act (including any controls imposed on approvals granted under this Act) are enforced in the following situations: (a) the chief executive of the department of State that is for the time being responsible for the administration of the 97 (1) 144 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 97 (b) (c) (d) (e) (f) (g) (h) Health and Safety in Employment Act 1992 shall ensure that the provisions of this Act are enforced in any place of work: the chief executive of the department of State that is for the time being responsible for the administration of the Gas Act 1992 shall ensure that the provisions of this Act are enforced in, on, at, or around any distribution system, gas installation, or gas appliance: the New Zealand Transport Agency may enforce the provisions of this Act in or on any motor vehicle, on any road, in or on any rail vehicle, or on any railway line: the Commissioner of Police (after consultation with the New Zealand Transport Agency) shall ensure that the provisions of this Act are enforced in or on any motor vehicle, on any road, in or on any rail vehicle, or on any railway line: the Director of the Civil Aviation Authority shall ensure that the provisions of this Act are enforced in or on any aircraft: the Director of Maritime Transport shall ensure that the provisions of this Act are enforced in or on any ship: the chief executive of the Ministry of Health shall en- sure that the provisions of this Act are enforced where it is necessary to protect public health: the chief executive of any territorial authority— (i) shall ensure that the provisions of this Act are enforced in or on any premises situated in the district of the territorial authority other than those premises specified in paragraphs (a) to (g): (ii) may enforce the provisions of this Act in or on those premises specified in paragraphs (a) to (g) where
 the territorial authority is in or on those premises for the purposes of enforcing the provi- sions of the Resource Management Act 1991: shall ensure that the provisions of this Act are en- forced in or on those premises specified in para- graphs (a) to (g), where the function, power, or (iii) 145 Part 7 s 97A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (2) (iv) duty is transferred to the territorial authority in accordance with section 98: shall ensure that the provisions of this Act are en- forced in or on those premises specified in para- graphs (a) to (g) in respect of any substances to which Part 14 applies.
The chief executive of a regional council may— in or on those enforce the provisions of this Act (a) premises specified in subsection (1)(a) to (g) if the regional council is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991: enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) if the function, power, or duty is transferred to the regional council in accordance with section 98.
(b) Section 97(1): amended, on 30 October 2003, by section 44 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 97(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 97(1)(c): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 97(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Section 97(1)(d): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 97(1)(e): amended, on 20 April 2010, by section 24 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 97(1)(f): amended, on 1 December 2004, by section 19(1) of the Land Transport Management Amendment Act 2004 (2004 No 97).
Section 97(1)(h)(iii): amended, on 22 December 2005, by section 27(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 97(2): added, on 22 December 2005, by section 27(2) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

97A Enforcement of Act in respect of new organisms (1) The enforcement agency must ensure that the provisions of this Act are enforced in respect of new organisms.
146 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 97A (2) For the purpose of complying with subsection (1), the enforce- ment agency may appoint enforcement officers in accordance with this Act who may exercise also the powers of inspectors under the Biosecurity Act 1993 that may be exercised in re- spect of an unwanted organism, and the provisions of that Act apply with all necessary modifications.
(3) A person who may exercise powers under the Biosecurity Act 1993 in respect of unwanted organisms may also exercise those powers under that Act in respect of new organisms whether or not the person is appointed as an enforcement officer under this Act.

(4) Without limiting subsection (2), the Biosecurity Act 1993 that apply, with all necessary modifica- tions, for the purposes of this section include sections 162A, 163, and 164 of that Act.
the provisions of (4A) The enforcement agency’s costs of enforcing this Act in re- spect of new organisms are to be treated as if they were costs of administering the Biosecurity Act 1993, and— (a) may be recovered in accordance with section 135 of that (5) Act; and (b) may be funded by a levy imposed under section 137 of that Act; and (c) may be prescribed, in regulations made under section 165(1)(s) of that Act, as costs that are recoverable.
In this section,— enforcement agency means the chief executive of the depart- ment of State responsible for the administration of the Biose- curity Act 1993 unwanted organism has the same meaning as in section 2(1) of the Biosecurity Act 1993.

Section 97A: inserted, on 30 October 2003, by section 45 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 97A(4A): inserted, on 20 April 2010, by section 25 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

147 Part 7 s 97B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 97B Enforcement of Act in respect of hazardous substances (1) (2) (3) in place of work The enforcement agency must ensure that the provisions of this Act are enforced in respect of hazardous substances in a place of work.
For the purpose of complying with subsection (1), the enforce- ment agency may appoint enforcement officers in accordance with this Act who may exercise the powers of inspectors under the Health and Safety in Employment Act 1992, and the pro- visions of that Act apply with all necessary modifications.
In this section,— enforcement agency— (a) means the chief executive of the department responsible for the administration of the Health and Safety in Em- ployment Act 1992; and includes, in relation to a particular industry, sector, or type of work, the chief executive of an agency desig- nated under section 28B(1) of that Act to administer that Act for the particular industry, sector, or type of work (b) inspector and place of work have the same meanings as in section 2(1) of the Health and Safety in Employment Act 1992.
Section 97B: inserted, on 22 December 2005, by section 28 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 97B(3) enforcement agency: substituted, on 20 April 2010, by section 26 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Co-ordination of inspection 98 (1) Any person specified in section 97 or section 97A may,— (a) (b) appoint enforcement officers in accordance with section 100 to enforce the provisions of this Act; or transfer the power to enforce the provisions of this Act in their area in accordance with subsections (2) to (7).
(2) Any person who appoints any enforcement officers in accord- ance with subsection (1) shall, each year, no later than 1 month before the commencement of the Authority’s financial year, notify the Authority of the premises where that person will appoint enforcement officers in accordance with section 100 148 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 98 and the nature and level of inspection and enforcement to be provided by those enforcement officers.
(3) Any person who has functions, powers, or duties under section 97 or section 97A may transfer all or any part of those func- tions, powers, or duties to another person specified in section 97 or section 97A, except that he or she may not transfer this power of transfer.
[Repealed] (4) (5) A person may not transfer any function, power, or duty under this section unless— (a) the person has first— (i) (ii) (iii) notified the Authority in accordance with subsec- tion (2); and notified the Authority where that person proposes to transfer the function to enforce the provisions of this Act to another person; and has received the approval of the Authority to the transfer in the case of a transfer between terri- torial authorities or the approval of the relevant Ministers to the transfer in the case of a transfer between other persons; and (b) both persons agree that the transfer is desirable on any of the following grounds: (i) to ensure sufficient enforcement of this Act and to ensure that there is not unnecessary duplication of enforcement: efficiency: technical or special capability or expertise.
(ii) (iii) (6) A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.
(7) A person to whom any function, power, or duty is transferred under this section may accept such transfer unless expressly forbidden to do so by the terms of any Act by or under which that person is appointed; and upon any such transfer, that per- son’s functions, powers, and duties shall be deemed to be ex- tended in such manner as may be necessary to enable the per- son to undertake, exercise, and perform the function, power, or duty.
149 Part 7 s 98A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (8) Any transfer of any function, power, or duty under this section may be changed or revoked at any time by agreement between the transferee and transferor and upon notice to the Authority.

Section 98(1): amended, on 30 October 2003, by section 46 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 98(3): amended, on 30 October 2003, by section 46 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 98(4): repealed, on 2 July 2001, by section 32 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).
98A Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers For the purposes of this Act, a chief executive has the same functions, powers, duties, and protections that enforcement of- ficers have under this Act.

In subsection (1), chief executive means— (a) the chief executive of the department of State respon- sible for the administration of this Act: the chief executive of the Authority.
(b) Section 98A: inserted, on 30 October 2003, by section 47 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Supervision of inspection The Authority shall ensure that the provisions of this Act are enforced in all premises likely to contain a hazardous sub- stance or new organism and shall advise the persons specified in section 97 or section 97A and the Minister when the Au- thority considers that there is insufficient or unnecessary in- spection and enforcement.
The Authority shall record all notifications made by persons in accordance with section 98.
The Authority may from time to time, as the Authority thinks fit,— (a) appoint enforcement officers to enforce the provisions of this Act in such premises as the Authority thinks fit: authorise the chief executive of— (i) any department specified in Schedule 1 of the State Sector Act 1988: (b) (1) (2) 99 (1) (2) (3) 150 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 101 (ii) (iii) any Crown entity: any local authority— (4) to appoint enforcement officers to enforce the provisions of this Act in or on any premises specified by the Authority.
In this section, hazardous substance includes compressed gases, whether intrinsically hazardous or not.

Section 99(1): amended, on 30 October 2003, by section 48 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 99(3)(b)(ii): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).
Section 99(4): added, on 24 March 2004, by section 13 of the Hazardous Sub- stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

100 Appointment of enforcement officers (1) No person shall be appointed as an enforcement officer unless that person has the prescribed qualifications to carry out the powers, functions, and duties specified in the officer’s warrant of appointment.
(2) Any person who appoints any person other than an employee as an enforcement officer shall remain liable in every respect for the actions of that officer, while he or she is acting as such, as if that person were an employee of the appointer.
Every person who appoints an enforcement officer shall supply each officer with a warrant specifying the functions that the officer may carry out, and any such warrant may at any time be revoked by the person who issued it or by any successor in office of that person.

(3) (4) Where the chief executive of a territorial authority appoints an enforcement officer in accordance with this section, the chief executive may designate that officer as a district hazardous substances officer.
101 Duty of territorial authorities (1) If the Minister considers that any territorial authority is not exercising or performing any of its functions, powers, or du- ties under this Act to the extent that the Minister considers ne- cessary to achieve the purposes of this Act, the Minister shall consult with the Minister of Local Government and may ap- 151 Part 7 s 101 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (2) (3) (4) point, on such terms and conditions as the Minister thinks fit, the Authority to exercise or perform all or any of those func- tions, powers, or duties in place of the territorial authority.
Before making any appointment under subsection (1), the Minister shall give the territorial authority at least 20 working days’ notice in writing of the Minister’s intention to do so, specifying the reasons why the Minister considers such an appointment is necessary.
The notice shall invite the territorial authority to give to the Minister, within such period (being not less than 20 working days after the date of the notice) as may be specified in the no- tice, such written comments as the territorial authority wishes to make about any steps that the territorial authority is tak- ing, or is intending to take, that may obviate the need for an appointment, and the Minister shall consider those comments and the need for making an appointment before making an ap- pointment.
The Authority, if appointed under subsection (1) to exercise or perform the functions, powers, or duties of a territorial au- thority under this Act, may do so as if it were the territorial authority; and the provisions of this Act shall apply accord- ingly.
(5) All costs, charges, and expenses incurred by the Authority for the purposes of this section, in exercising or performing any functions, powers, or duties of a territorial authority under this Act, shall be recoverable from the territorial authority as a debt due to the Authority or may be deducted from any money payable to the territorial authority by the Authority.
In making any such appointment, the Minister shall specify the period for which the appointment is made, and it may from time to time be renewed.

(6) (7) Any appointment of the Authority under this section may be revoked at any time by the Minister.
In determining whether any appointment under this section should be renewed or whether a new appointment should be made, the Minister shall consider whether the territorial au- thority is capable of exercising its powers, functions, and du- ties under this Act, and, if the Minister considers the territor- (8) 152 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 103 ial authority is so capable, the territorial authority shall be di- rected by the Minister to resume those powers, functions, and duties.
102 Building Act 2004 (1) Where an enforcement officer believes that any building or sitework does not comply with the Building Act 2004, the en- forcement officer shall, by notice in writing, give to the appro- priate territorial authority details of the respects in which the building or sitework is believed not to comply.

For the purposes of this section, the terms building, sitework, and territorial authority have the meanings ascribed to them by the Building Act 2004.
Section 102 heading: substituted, on 31 March 2005, pursuant to section 414 of the Building Act 2004 (2004 No 72).

(2) Section 102(1): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).

Section 102(2): amended, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
103 Powers of entry for inspection (1) Any enforcement officer may, at any reasonable time,— (a) go on, into, under, and over any premises (excluding dwellings); or (b) with the consent of the occupier, go on, into, under, and over a dwelling— for the purpose of inspection to— (c) monitor compliance with the conditions or controls on any hazardous substance or new organism in any premises where a hazardous substance or new organism approved under this Act is located; or determine the nature of any substance or organism in the premises; or determine whether or not any person is complying with a compliance order.
(d) (e) (2) For the purposes of subsection (1), an enforcement officer may— (a) take samples of water, air, soil, any substance, or any organism; and 153 Part 7 s 103 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) (c) (d) (e) (ea) (eb) (f) (g) open containers or packages (including secured or sealed containers or packages) to inspect the contents; and take photographs and measurements and make sketches and recordings; and take or remove any thing for analysis or testing; and conduct examinations, tests, inquiries, demonstrations, and inspections; and require that any place or thing specified by the enforce- ment officer is not disturbed for a reasonable time pend- ing any examination, test, inquiry, demonstration, or in- spection; and require the making of statements by the person in charge of the premises, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; and require the production of any documents relevant to the purpose of the inspection; and take copies of the documents or information or extracts from those documents or information.
(3) Where any enforcement officer has taken any thing in accord- ance with subsection (2)(d), the enforcement officer shall give the occupier of the premises written notice of the things that have been taken, the reason for taking the things and where the things will be kept.
(4) Within 5 working days of removing the thing the enforcement officer shall give the person in charge of the premises written notice stating— (a) whether or not the thing will be returned or destroyed; and either— (i) the time and date of the return of the thing to the premises; or the results of the analysis of the thing and why it is being destroyed.
(ii) (b) Every enforcement officer exercising any of the powers con- ferred under this section shall, at the time of exercising that power, and thereafter on request, produce— (5) 154 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 104 (a) (b) evidence of that person’s appointment as an enforce- ment officer; and evidence of that person’s identity.
(6) An enforcement officer may take any person with relevant ex- perience or expertise on to the premises to assist the officer with the inspection.

(7) Nothing in this section shall limit or affect the privilege against self-incrimination.

Section 103(1)(a): amended, on 31 December 2000, by section 33(1) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 103(1)(c): amended, on 30 October 2003, by section 49 of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 103(2)(c): substituted, on 31 December 2000, by section 33(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 103(2)(ea): inserted, on 31 December 2000, by section 33(3) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Section 103(2)(eb): inserted, on 31 December 2000, by section 33(3) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 103(6): substituted, on 31 December 2000, by section 33(4) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
Compliance orders 104 Scope of compliance order (1) A compliance order may be served on any person by an en- forcement officer— (a) requiring that person to cease, or prohibiting that per- son from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the en- forcement officer,— (i) contravenes or is likely to contravene this Act, any regulations, or a control imposed by an ap- proval under this Act; or relates to any hazardous substance or new organ- ism and is or is likely to be dangerous, to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment; or (ii) 155 Part 7 s 105 (b) Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 requiring that person to do something that, in the opin- ion of the enforcement officer, is necessary to ensure that person complies with this Act, any regulations, con- trols imposed by an approval granted under this Act, or is necessary to avoid, remedy, or mitigate any actual or likely adverse effects on people or the environment re- sulting from any breach of any regulations or any con- trols imposed by an approval granted under this Act— caused by or on behalf of the person; or (i) relating to any land of which the person is the (ii) owner or occupier.
(2) A compliance order may be made subject to such conditions as are reasonable in the circumstances.

105 Compliance with compliance order Subject to the rights of appeal in section 125, any person on whom a compliance order is served shall— (a) comply with the order within the period specified in the order; and unless the order directs otherwise, pay all the costs and expenses of complying with the order.
(b) 106 Form and content of compliance order (1) Every compliance order shall be in the prescribed form and shall state— (a) (b) (c) the name of the person to whom it is addressed; and the reasons for the order; and the action required to be taken or ceased or not under- taken; and the period within which the action shall be taken or cease; and the consequences of either not complying with the order or lodging a notice of appeal; and the rights of appeal under section 125; and the name and address of the agency whose enforcement officer served the order.
(d) (e) (f) (g) The period referred to in paragraph (1)(d) must— (a) commence at the time the notice is served; and (2) 156 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 108 (b) be reasonable, having regard to the circumstances giv- ing rise to the compliance order.

Section 106(1)(d): amended, on 30 October 2003, by section 50(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 106(1)(f): amended, on 30 October 2003, by section 50(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 106(2): added, on 30 October 2003, by section 50(3) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
107 Service of compliance order (1) Where a compliance order is to be served on a person, it may be served— (a) (b) (c) by delivering it personally to the person (other than a Minister of the Crown); or by delivering it at the usual or last known place of resi- dence or business of the person by any means, including by facsimile; or by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of that person.
(2) Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, ser- vice on an officer of the body, or on the registered office of the body, in accordance with subsection (1) shall be deemed to be service on the body.

(3) Where a notice or other document is to be served on a part- nership for the purposes of this Act, service on any one of the partners in accordance with subsection (1) shall be deemed to be service on the partnership.
(4) Where a notice or other document is sent by post to a person in accordance with subsection (1)(c), it shall be deemed, in the absence of proof to the contrary, to be received by the person at the time at which the letter would have been delivered in the ordinary course of the post.

108 Cancellation of compliance order (1) For the purposes of this section, relevant person means the person or body who or which appointed the enforcement offi- cer who served the compliance order.
157 Part 7 s 109 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (2) Where a relevant person considers that a compliance order is no longer required, the relevant person may cancel the order at any time except where the order is subject to appeal under section 125.
(3) Where any relevant person delegates his or her power under this section, no person to whom the powers are delegated shall consider any application made under subsection (6), in respect of any compliance order which he or she has issued.

The chief executive of a territorial authority may delegate any of his or her powers, functions, or duties under this section.
The relevant person shall give written notice of a decision under subsection (2) to cancel a compliance order to any per- son subject to the order.

(5) (4) (7) (6) Any person who is directly affected by a compliance order may apply in writing to the relevant person to change or cancel the order.
The relevant person shall, as soon as practicable, consider the application, having regard to the purpose for which the compli- ance order was given, the effect of a change or cancellation on that purpose, and any other matter the relevant person thinks fit; and the relevant person may confirm, change, or cancel the order.

The relevant person shall give written notice of the decision to the person who applied under subsection (6).
(8) (9) Where the relevant person, after considering an application made under subsection (6) by a person who is directly affected by a compliance order, confirms the order or changes it in a way other than that sought by that person, that person may appeal to the District Court in accordance with section 125(3) against the whole or any part of the compliance order.

(10) A compliance order may not be cancelled where the District Court has confirmed the order.
Enforcement 109 Offences (1) Every person commits an offence against this Act who— (a) manufactures any hazardous substance in contravention of this Act; or 158 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 109 (aa) (b) (c) (d) (e) imports, manufactures, uses, or stores a persistent or- ganic pollutant in contravention of this Act; or develops or field tests a new organism in contravention of this Act; or knowingly imports or releases a new organism in contravention of this Act; or knowingly, recklessly, or negligently— (i) manufactures, imports, develops, uses, or dis- poses of any hazardous substance or new organ- ism where any approval is suspended in accord- ance with section 64: possesses or disposes of any hazardous substance or new organism imported, manufactured, devel- oped, or released in contravention of this Act; or (ii) fails to comply with— (i) any controls imposed by any approval granted under this Act; or any controls specified in any regulations; or any requirement to obtain a test certificate speci- fied in any regulations; or (ii) (iii) (f) (g) (ea) (eb) fails to comply with a condition on a licence or permis- sion granted under section 95A or section 95B; or fails to comply with a condition imposed under sec- tion 96B(1)(b) on an identified group of hazardous sub- stances; or fails to comply with any compliance order served under section 107; or fails to comply with any of the requirements of section 124; or fails without any lawful justification or
 excuse to obtain any transferable permit when required to do so by any Order in Council in force under this Act; or being a manufacturer, developer, or importer of any hazardous substance or new organism knowingly fails to report any significant new information of any adverse effect of that hazardous substance or new organism; or (j) knowingly personates any enforcement officer; or (k) wilfully obstructs any enforcement officer in the course (h) (i) of his or her duties; or 159 Part 7 s 109A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (l) (m) falsely informs a person that an emergency exists where that person knows the information to be false; or knowingly labels any package or container in such a manner that the label could in an emergency wrongly indicate the presence of hazardous substances to an en- forcement officer, fire services officer, or constable.
(2) [Repealed] Section 109(1)(aa): inserted, on 23 December 2004, by section 12 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

Section 109(1)(b): amended, on 7 May 1999, by section 9 of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 109(1)(ea): inserted, on 24 March 2004, by section 7 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).
Section 109(1)(eb): inserted, on 22 December 2005, by section 29 of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).

Section 109(1)(m): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 109(2): repealed, on 20 April 2010, by section 27 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
109A Time for laying information (1) An information in respect of an offence against this Act that relates to a hazardous substance may be laid by any person at any time within 6 months after the earlier of— (a) the date when the incident, situation, or set of circum- stances to which the offence relates first became known to the person; or the date when the incident, situation, or set of circum- stances to which the offence relates should reasonably have become known to the person.
(b) (2) An information in respect of an offence against this Act that relates to a new organism may be laid by any person at any time within 2 years after the time when the matter of the information arose.

Subsection (1) is subject to section 109B.

Section 109A: inserted, on 20 April 2010, by section 28 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
(3) 160 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 110 109B Extension of time for laying information (1) (2) (3) (4) 110 The District Court may, on application by any person, extend the time for the person to lay an information under section 109A(1).

The application must be made within the 6-month period that applies to the person under section 109A(1).
The court must not grant an extension unless it is satisfied that— (a) the person reasonably requires longer than the 6-month period to decide whether to lay an information; and the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and it is in the public interest in the circumstances that an information is able to be laid after the 6-month period expires; and laying the information after the 6-month period expires will not unfairly prejudice the proposed defendant in defending the charge.
(b) (c) (d) The court must give the following persons an opportunity to be heard: (a) (b) Section 109B: inserted, on 20 April 2010, by section 28 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).

the person seeking the extension: the proposed defendant.
Infringement offences In sections 111 to 113— infringement fee, in relation to an infringement offence, means the amount fixed by regulations made under section 140, as the infringement fee for the offence infringement offence means an offence specified as such in regulations made under section 140.

Section 110 infringement fee: amended, on 7 May 1999, by section 15(d) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
Section 110 infringement offence: amended, on 7 May 1999, by section 15(d) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
161 Part 7 s 111 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 111 Commission of infringement offence Where any person is alleged to have committed an infringe- ment offence, that person may either— (a) be prosecuted against for the alleged offence under the Summary Proceedings Act 1957; or be served with an infringement notice as provided for in section 112.
(b) Infringement notices 112 (1) Where an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice may be issued in respect of that offence.
(2) Any enforcement officer (not necessarily the officer who is- sued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person’s last known place of residence or business; and in that case for the purpose of the Summary Proceedings Act 1957, it (or the copy) shall be deemed to have been served on that person when it was posted.
Every infringement notice shall be in the prescribed form and shall contain the following particulars— (a) (3) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and the amount of the infringement fee specified for that offence; and the address at which the infringement fee may be paid; and the time within which the infringement fee must be paid; and a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and a statement that the person served with the notice has the right to request a hearing; and a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and (b) (c) (d) (e) (f) (g) 162 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 114 (h) such other particulars as are prescribed.
(4) Where an infringement notice has been issued under this sec- tion, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and in that case the pro- visions of that section shall apply with the necessary modifi- cations.
113 Entitlement to infringement fees A territorial authority shall be entitled to retain all infringe- ment fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer employed by that authority.
114 Penalties (1) Every person who commits an offence against paragraph (a) or paragraph (aa) or paragraph (b) or paragraph (c) or para- graph (d) or paragraph (e) or paragraph (ea) or paragraph (eb) of section 109(1) is liable on summary conviction to imprison- ment for a term not exceeding 3 months or a fine not exceeding $500,000 and, if the offence is a continuing one, to a further fine not exceeding $50,000 for every day or part of a day dur- ing which the offence has continued.
Every person who commits an offence against paragraph (f) or paragraph (g) or paragraph (h) or paragraph (i) of section 109(1), or section 156(1), is liable on summary conviction to a fine not exceeding $50,000 and, if the offence is a continuing one, to a further fine not exceeding $5,000 for every day or part of a day during which the offence has continued.
Every person who commits an offence against paragraph (j) or paragraph (k) or paragraph (l) or paragraph (m) of section 109(1) is liable on summary conviction to a fine not exceeding $5,000.

(2) (3) (4) Where any person is convicted of an offence against section 109, the court may, instead of or in addition to imposing any fine or term of imprisonment, revoke any transferable permit held by that person.
163 Part 7 s 115 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (5) Where any person is convicted of an offence against section 109, the court may, instead of or in addition to imposing any fine or term of imprisonment, order the person to mitigate or remedy any adverse effects on people or the environment— (a) (b) caused by or on behalf of the person; or relating to any land of which the person is the owner or occupier— or to pay the costs of doing so.
(6) Where any person is convicted of an offence against section 109, the court may, instead of or in addition to imposing any fine or term of imprisonment, order the destruction of any new organism.

(7) (6A) To avoid doubt, the court may make an order under either or both of subsection (5) and subsection (6) against the same per- son in respect of the same offence.
The continued existence of anything, or the intermittent repe- tition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence.

Section 114(1): amended, on 22 December 2005, by section 30 of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).

Section 114(1): amended, on 23 December 2004, by section 13 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
Section 114(1): amended, on 24 March 2004, by section 8 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).

Section 114(6A): inserted, on 30 October 2003, by section 51 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
115 Liability of employers and principals (1) Subject to subsection (3), where any offence is committed against this Act by a person as the employee of another per- son, that offence shall, for the purposes of this Act, be treated as committed by that other person as well as by the first-men- tioned person, whether or not it was done with that other per- son’s knowledge or approval.
(2) Where any offence is committed against this Act by a person acting as the agent of another person, that offence shall, for the purposes of this Act, be treated as committed by the principal 164 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 117 (3) unless it is done without the principal’s express or implied au- thority.
In any proceedings (being proceedings for an offence against this Act or regulations) against any person in respect of any offence alleged to have been committed against this Act by an employee of that person, it shall be a defence for that person to prove— (a) that— (i) (ii) he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or he or she took such steps as were reasonably prac- ticable to prevent the commission of the offence; and (b) that he or she took such steps as were reasonable in all the circumstances to remedy any effects of the act or omission giving rise to the offence.
116 Liability of directors and officers of bodies corporate Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved— (a) that the act that constituted the offence took place with his or her authority, permission or consent; and that he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to pre- vent or stop it.
(b) 117 (1) (2) Strict liability and defences In any prosecution for an offence specified in paragraph (a) or paragraph (aa) or paragraph (b) or paragraph (e) or paragraph (eb) or paragraph (f) or paragraph (g) of section 109(1), it is not necessary to prove that the defendant intended to commit the offence.
It is a defence to prosecution of the kind referred to in subsec- tion (1), if the defendant proves— (a) that— 165 Part 7 s 117 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (i) (ii) (iii) the action or event to which the prosecution re- lates was necessary for the purposes of saving or protecting life or health, or preventing ser- ious damage to property or avoiding an actual or likely adverse effect on the environment; and the conduct of the defendant was reasonable in the circumstances; and the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabo- tage, and in each case— (i) the action or event could not reasonably have been foreseen or been provided against by the de- fendant; and the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or that the action or event to which the prosecution related was within the defendant’s control; but— (i) the defendant had taken all reasonable steps to prevent the action or event; and the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred.
(ii) (ii) (b) (c) It is a defence to prosecution for any offence specified in sec- tion 109(1)(e)(ii) or (iii) that the defendant— (a) complied with any code of practice approved under sec- tion 79 as a method of achieving the controls that it is alleged that the defendant failed to comply with; or (b) was the holder of any current test certificate issued by any test certifier in accordance with section 82, certify- ing that the controls that it is alleged that the defendant failed to comply with had been met,— unless the defendant had reason to believe that the code of practice or the structure or goods covered by the test certificate did not meet the relevant controls.
(3) 166 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 118 (4) It is a defence to prosecution for any offence specified in sec- tion 109(1)(e)(ii) or (iii) that, at the time of the alleged offence, the defendant was the holder of a conditional test certificate is- sued under section 82(4A) that— (a) specified, as requirements that had not been met, the controls that it is alleged that the defendant failed to comply with; and had not expired under section 82(4C).
(b) Section 117(1): amended, on 22 December 2005, by section 31 of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).

Section 117(1): amended, on 23 December 2004, by section 14 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

Section 117(3): amended, on 7 May 1999, by section 10 of the Hazardous Sub- stances and New Organisms Amendment Act 1999 (1999 No 35).
Section 117(4): added, on 20 April 2010, by section 29 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).

118 Fines to be paid to territorial authority instituting (1) (2) prosecution Subject to subsection (2), where a person is convicted of an of- fence under section 109 and the court imposes a fine, the court shall, if the information for that offence was laid on behalf of a territorial authority, order that the fine be paid to that territorial authority.
There shall be deducted from every amount payable to a ter- ritorial authority under subsection (1), a sum equal to 10% thereof, and that sum shall be credited to a Crown Bank Ac- count.

(3) Notwithstanding anything in subsection (2), where any money awarded by a court in respect of any loss or damage is recov- ered as a fine, and that fine is ordered to be paid to a territor- ial authority under subsection (1), no deduction shall be made under subsection (2) in respect of that money.
Subject to subsection (2), an order of the court made under subsection (1) shall be sufficient authority for the Registrar receiving the fine to pay that fine to the territorial authority entitled to it under the order.

(4) 167 Part 7 s 119 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (5) Nothing in section 73 of the Public Finance Act 1989 shall apply to any fine ordered to be paid to any territorial authority under subsection (1).
Section 118(2): amended, on 25 January 2005, pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).
Search warrants 119 (1) Any District Court Judge or Justice of the Peace or Community Magistrate or any Registrar who is satisfied, on application in writing made on oath, that there are reasonable grounds for believing that there is, in or on or under or over any premises or any dwelling,— (a) any substance or organism that has been imported, manufactured, developed, released, held, transported, or disposed of in contravention of this Act; or any documents or other records which there are reason- able grounds to believe may be evidence of the commis- sion of any offence under this Act to which paragraph (a) applies,— (b) (2) may issue a search warrant in the prescribed form.
Every search warrant shall be directed either to a constable by name or to every constable or to any enforcement officer by name, but in any of those cases, the warrant may be executed by any constable.

(3) On issuing a warrant, the Judge, Justice of the Peace, Com- munity Magistrate, or Registrar may impose such reasonable conditions on its execution as he or she thinks fit.

(5) (4) Any constable or any enforcement officer may call any person to assist him or her in the execution of a search warrant.
Every warrant shall, subject to any conditions imposed under subsection (3), authorise the constable or the enforcement of- ficer who is executing it, and any person called on by that con- stable or officer to assist,— (a) to enter the premises or dwelling on one occasion within 14 days after the date of the issue of the warrant at any time that is reasonable in the circumstances; and to use such force, both for making entry (either by breaking open doors or otherwise) and for breaking (b) 168 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 119 (c) (d) open anything on the premises or dwelling, as is rea- sonable in the circumstances; and to search for and seize— (i) any substance or organism found on the premises or dwelling and believed on reasonable grounds to have been imported, manufactured, devel- oped, released, held, transported, or disposed of in contravention of this Act; and any documents or other records which there are reasonable grounds to believe may be evidence of the commission of any offence under this Act; and (ii) to take any photographs, and make any drawings of any structure, container, packaging, or label where there are reasonable grounds to believe that the structure, con- tainer, packaging, or label is in breach of the provisions of this Act or regulations.
(6) Any constable or enforcement officer who executes a search warrant shall carry the warrant with him or her, and shall pro- duce it for inspection— (a) on first entering the premises or dwelling, to the person appearing to be in charge of the premises or dwelling; and (b) whenever subsequently required to do so, on the premises or dwelling, by any other person appearing to be in charge of the premises or any part of the premises or dwelling.
(7) Where the occupier of the premises or dwelling is not present at the time the search warrant is executed, the constable or enforcement officer shall leave in a prominent place on the premises or dwelling a written statement of the time and date of the search, and of the constable’s or enforcement officer’s name and the address of the Police station or other office to which enquiries should be made.
(8) Where any substance or organism or books, documents, or other records is or are seized in execution of a search warrant, the constable or enforcement officer executing the warrant shall leave in a prominent place on the premises or dwelling 169 Part 7 s 120 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 or send to the occupier, within 10 working days after the search, a written inventory of all things so seized.
Section 119(1): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 119(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 119(3): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).

Section 119(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 119(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 119(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 119(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 119(8): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
120 Dealing with property seized by enforcement officers Section 199 of the Summary Proceedings Act 1957 applies, with the necessary modifications, to any property seized by any enforcement officer as if— (a) the reference in that section to section 198 of that Act were a reference to section 119 or section 137 of this Act; and references in that section to a constable were references to an enforcement officer.
(b) 121 Application of Customs and Excise Act 1996 to hazardous substance imported in breach of this Act A hazardous substance that is being, or has been, imported in breach of this Act is a prohibited import under section 54 of the Customs and Excise Act 1996, and the provisions of that Act (including, for the avoidance of doubt, section 209 of that Act) apply accordingly.
Section 121: substituted, on 22 December 2005, by section 32 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
170 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7 s 123 122 Power to require hazardous substance to leave New (1) (2) (3) (b) Zealand If a Customs officer has reasonable cause to believe that a haz- ardous substance is being, or has been, imported in breach of this Act, the Customs officer may,— (a) in the case of a hazardous substance that is being im- ported in breach of this Act, direct that the importer of the hazardous substance cause the hazardous substance to remain on the ship or aircraft and leave New Zealand at the importer’s own cost and in accordance with the directions of the Customs officer; or in the case of a hazardous substance that has been im- ported in breach of this Act and has been unloaded from a ship or aircraft, direct that the importer of the haz- ardous substance cause the hazardous substance to leave New Zealand at the importer’s own cost and in accord- ance with the directions of the Customs officer.
Subsection (1)(b) applies only to hazardous substances that are goods that are subject to the control of the Customs in accordance with section 20 of the Customs and Excise Act 1996.

In this section,— cost, in relation to a hazardous substance that has been im- ported in breach of this Act, includes the costs of handling, storing, and transporting the hazardous substance importer has the same meaning as in section 2(1) of the Cus- toms and Excise Act 1996.
Section 122: substituted, on 22 December 2005, by section 33 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

123 Declaration that organism not genetically modified Any inspector (as defined in section 2(1) of the Biosecurity Act 1993) may require any person importing any organism to declare, by statutory declaration, that the organism is not a genetically modified organism.
171 Part 7 s 124 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 124 Responsibilities of carrier and person in charge of any (1) (2) craft For the purposes of this Act, the carrier and the person in charge of any craft that berths, lands, or otherwise arrives in New Zealand from another country, or that is to so berth, land, or arrive, shall— (a) ensure that any documentation, required by regulations, in relation to all hazardous substances loaded onto that craft is available: on arrival of the craft at a port of entry or Customs air- port, produce for inspection such documentation as a Customs officer may lawfully specify.
(b) The carrier and the person in charge of a craft leaving New Zealand shall— (a) provide transportation from New Zealand, at the cost in respects of the carrier, of any hazardous substance on board the craft, or any other craft operated by the carrier when it arrived in New Zealand, which was not accom- panied by the documentation required by regulations: in respect of any hazardous substance for which the car- rier is obliged to provide transportation or the cost of transportation under paragraph (a), to pay all the costs (if any) incurred by the Crown in holding that substance before the removal of that substance from New Zealand.
(b) Part 7A Pecuniary penalties and civil liability for breaches relating to new organisms Part 7A: inserted, on 30 October 2003, by section 52 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).

124A Interpretation In this Part, unless the context otherwise requires,— court means the High Court enforcement agency means the chief executive of the de- partment of State responsible for the administration of the Biosecurity Act 1993.
Section 124A: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

172 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7A s 124C Pecuniary penalties Heading: inserted, on 30 October 2003, by section 52 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).
124B Pecuniary penalty order (1) (2) (3) The enforcement agency may apply to the court for an order that a person pay to the Crown a pecuniary penalty under this Act.
The court may make the order if it is satisfied that the person— developed, field tested, imported, or released a new or- (a) ganism in breach of this Act; or possessed or disposed of any new organism imported, developed, or released in breach of this Act; or failed to comply with any controls relating to a new organism— (i) imposed by any approval granted under this Act; or specified in regulations made under this Act.
(ii) (b) (c) The court must not make the order if the person satisfies the court that the person did not know, and could not reasonably have known, of the breach.

Section 124B: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 124B(2)(b): amended, on 20 September 2007, by section 6 of the Haz- ardous Substances and New Organisms Amendment Act 2007 (2007 No 61).
124C Amount of pecuniary penalty (1) The court must not make an order for the payment of a pecu- niary penalty that exceeds,— (a) (b) in the case of an individual, $500,000; or in the case of a body corporate, the greater of— (i) (ii) $10,000,000; or if it can be readily ascertained and if the court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or if the commercial gain cannot be readily ascer- tained, 10% of the turnover of the body corporate (iii) 173 Part 7A s 124D Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 and all of its interconnected bodies corporate (if any).
(2) In determining an appropriate penalty under this section, the court must have regard to all relevant matters, including— (a) (b) the nature and extent of the breach: the nature and extent of any loss or damage suffered by any person or to the environment as a result of the breach: (c) the circumstances in which the breach took place: (d) whether or not the person has previously been found in proceedings under this Act to have engaged in any similar conduct: the steps taken by the person to bring the breach to the attention of the enforcement agency: the steps taken by the person to avoid, remedy, or miti- gate the effects of the breach.
(e) (f) (3) In this section, interconnected and turnover have the same meaning as in the Commerce Act 1986.

Section 124C: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
124D Other orders instead of or in addition to pecuniary penalty order (1) At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B, the court may, in- stead of or in addition to making the order, make— (a) an order that the person mitigate or remedy any adverse effects on people or the environment— (i) (ii) caused by or on behalf of the person; or relating to any land that the person owns or oc- cupies; or (b) an order to pay the costs of mitigating or remedying the adverse effects specified in paragraph (a).
(2) At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B, the court may, in- stead of or in addition to making the order, make an order for the destruction of the new organism involved in the breach.

174 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7A s 124G (3) To avoid doubt, the court may make an order under either or both of subsections (1) and (2) against the same person in re- spect of the same breach.
Section 124D: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

124E Standard of proof and procedural matters In proceedings for an order under section 124B,— (a) the standard of proof is the standard of proof that applies in civil proceedings; and the enforcement agency may, by order of the court, ob- tain discovery and administer interrogatories.
(b) Section 124E: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(1) 124F Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings Criminal proceedings under this Act may be started against a person whether or not proceedings for an order under section 124B have been started against the person for the same act or omission or substantially the same act or omission in respect of which the criminal proceedings have been started.
(2) Uncompleted proceedings for an order under section 124B must be stayed if criminal proceedings are started or have al- ready been started against the person for the same act or omis- sion or substantially the same act or omission in respect of which the order is sought.

Section 124F: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Civil liability for acts and omissions while in breach Heading: inserted, 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
124G Civil liability (1) A person is liable in damages for any loss or damage caused by any act or omission of the person while— 175 Part 7A s 124H Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (a) (b) (c) developing, field testing, importing, or releasing a new organism in breach of this Act: possessing or disposing of any new organism imported, developed, or released in breach of this Act; or failing to comply with any controls relating to a new organism— (i) imposed by any approval granted under this Act; or specified in any regulations made under this Act.
(ii) (2) A person is liable under subsection (1) whether or not— (3) (a) (b) the person intended the act, omission, or breach; or the person was taking reasonable care when the act, omission, or breach occurred.

To avoid doubt, proceedings under this section are in addition to, and not in substitution for, any other cause of action.

Section 124G: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 124G(1)(b): amended, on 20 September 2007, by section 7 of the Haz- ardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

124H Defences to liability under section 124G (1) A person is not liable under section 124G if the person proves 1 or more of the defences specified in subsection (2) in relation to the breach.
The defences are— that— (a) (i) (2) the breach was necessary for the purpose of— (A) (B) (C) saving or protecting life or health; or preventing serious damage to property; or avoiding an actual or likely adverse effect on the environment; and (ii) (iii) the conduct of the defendant was reasonable in the circumstances; and the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after it occurred; or that the breach was due to an event beyond the control of the defendant (including natural disaster, mechanical failure, or sabotage) and— (b) 176 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 7A s 124I (i) (ii) the event could not reasonably have been fore- seen or been provided against by the defendant; and the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after the event occurred; or that the defendant did not know, and could not reason- ably have known, of the breach.
(c) Section 124H: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Liability for acts and omissions of others Heading: inserted, on 30 October 2003, by section 52 of the Hazardous Sub- stances and New Organisms Amendment Act 2003 (2003 No 54).

124I Breaches, acts, and omissions by directors, employees, (1) or agents This section applies for the purposes of sections 124B and 124G.
(2) A body corporate is to be treated as in breach of this Act or as (b) having done or omitted to do an act if— (a) a director, employee, or agent of the body corporate, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or any other person, at the direction or with the consent or agreement (whether express or implied) of a director, employee, or agent of the body corporate, given within the scope of the actual or apparent authority of the dir- ector, employee, or agent, is in breach of this Act or has done or omitted to do an act.
(3) A person (person A) who is not a body corporate is to be treated as in breach of this Act or as having done or omitted to do an act if— (a) an employee or agent of person A, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or 177 Part 8 s 125 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (4) (b) any other person, at the direction or with the consent or agreement (whether express or implied) of an employee or agent of person A, given within the scope of the ac- tual or apparent authority of the employee or agent, is in breach of this Act or has done or omitted to do an act.
If a person in breach of this Act has a defence to the breach under section 124H, the defence is also available to another person if the breach is to be treated under subsection (2) or subsection (3) as also the breach of the other person.

(5) However, the defence under section 124H(2)(c) is not avail- able to the other person unless the other person also proves that he or she did not know, and could not reasonably have known, of the breach by the person.
If the court is prevented by section 124B(3) from making an order under that section against a person in breach of this Act and the breach is to be treated under subsection (2) or subsec- tion (3) of this section as also the breach of another person, the court must not make an order under section 124B against the other person if it is satisfied that the other person did not know and could not reasonably have known of the breach.
Section 124I: inserted, on 30 October 2003, by section 52 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
(6) Part 8 Appeals 125 Appeals (1) In any case where the Authority— (a) issues a transferable permit entitling the holder to import or manufacture less substance than the holder claimed to be entitled to import or manufacture; or declines any application for a transferable permit; or revokes any transferable permit; or imposes any charge on any person to recover costs in accordance with section 21; or revokes a test certificate under section 82C; or declines any application for approval as a test certifier in respect of any relevant controls in accordance with section 84; or (b) (c) (d) (da) (e) 178 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 8 s 125 (f) (g) (h) (i) revokes any approval to act as a test certifier in respect of any relevant controls in accordance with section 86; or suspends all or any part of any approval to act as a test certifier in accordance with section 86; or [Repealed] declines any application under section 51 to tranship a substance or organism,— any person directly affected may appeal against that decision to the District Court.
(1A) A person may appeal to the District Court against— (a) (b) (ii) a decision of the Authority, under section 95A,— (i) about the terms and conditions of a permission held by the person; or declining to grant the person a permission or re- voking a permission held by the person; or a decision of the Authority, under section 95B,— (i) about the terms and conditions of a licence held by the person; or declining to grant the person a licence or revok- ing a licence held by the person.
(ii) (2) In any case where— (a) (b) any property is seized and retained pursuant to section 119; or an application for compensation is declined in accord- ance with section 138; or costs are awarded in accordance with section 61,— (c) the person directly affected may appeal against that decision to the District Court.
(2A) Where a Customs officer directs in accordance with section 122 that a hazardous substance remains on a ship or aircraft, the person directly affected may appeal against that direction to the District Court.

If a Customs officer directs in accordance with section 122 that an importer of a hazardous substance is to cause the haz- ardous substance to leave New Zealand, the importer may ap- peal against that direction to the District Court.
(2B) (3) Any person on whom a compliance order is served may appeal to the District Court against the whole or any part of that order.

179 Part 8 s 126 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (5) (4) Any person who lodges a notice of appeal under subsection (3) may apply to the District Court for a stay of the compliance order until the determination of the appeal.
The District Court shall not confirm a compliance order against which an appeal has been lodged where the person on whom the order was served was acting in accordance with— controls on any hazardous substance under this Act; or (a) conditions imposed on an approval granted under this (b) Act.

(6) Subject to subsection (7) the decision of the court on any ap- peal under this Act shall be final.

(7) Any party to an appeal under this section may further appeal to the High Court on a question of law.
Section 125(1)(da): inserted, on 22 December 2005, by section 34(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 125(1)(h): repealed, on 7 May 1999, by section 12(1) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 125(1A): inserted, on 24 March 2004, by section 9 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).
Section 125(2A): inserted, on 7 May 1999, by section 12(2) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 125(2B): inserted, on 22 December 2005, by section 34(2) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).
126 Appeal on question of law (1) Any— (a) (b) party to any application for an approval or an applica- tion under section 26 or regulations; or person who made submissions to the Authority on any application for an approval or an application under sec- tion 26 or regulations— may appeal against the decision of the Authority to the High Court on a question of law, unless a right of appeal to the Dis- trict Court against the decision is provided for in any other provision of this Act.
180 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 8 s 129 (2) Any report and recommendation of the Authority under sec- tion 72 is deemed to be a decision for the purposes of Part 10 of the High Court Rules.

(3) An appeal under this section shall be made in accordance with the High Court Rules, except to the extent that those rules are inconsistent with sections 127 to 134.
127 Notice of appeal Before or immediately after the filing and service of a notice of appeal, the appellant shall serve a copy of the notice on— (a) (b) (c) the Authority; and every other party to the proceedings; and any other person who made a submission to the Author- ity.
128 Right to appear and be heard on appeal (1) A party to any proceedings, or any person who made submis- sions to the Authority, and who wishes to appear and be heard on an appeal to the High Court, shall give notice of his or her intention to appear to— the appellant; and (a) the Registrar of the High Court; and (b) the Authority.

(c) The notice to appear under subsection (1) shall be served within 10 working days after the party or the person was served with the notice of appeal.
(2) (2) 129 Parties to appeal before High Court (1) The parties to an appeal before the High Court are the appel- lant, the Authority, and any person who gives notice of inten- tion to appear under section 128.

The Registrar of the High Court shall ensure that the parties to an appeal before the High Court are served with— (a) a copy of every document which is filed or lodged with the Registrar of the High Court relating to the appeal; and notice of the time and date set down for hearing the appeal.
(b) 181 Part 8 s 130 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 130 Orders of High Court (1) The High Court may, on application to it or on its own motion, make an order directing the Authority to lodge with the Regis- trar of the High Court all or any of the following things: (a) anything in the possession of the Authority relating to the appeal; and a report recording, in respect of any matter or issue the court may specify, any of the findings of fact of the Authority which are not set out in its decision or report and recommendation; and a report setting out, so far as is reasonably practicable and in respect of any issue or matter the order may spe- cify, any reasons or considerations to which the Author- ity had regard but which are not set out in its decision or report and recommendation.
(b) (c) (2) An application under subsection (1) shall be made,— (a) (b) in the case of the appellant, within 20 working days after the date on which the notice of appeal is lodged; or in the case of any other party to the appeal, within 20 working days after the date of the service on him or her of a copy of the notice of appeal.
(3) The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of a point of law so requires; and the order may be made subject to such conditions as the High Court thinks fit.
131 Additional appeals on points of law (1) When a party to an appeal, other than the appellant, wishes to contend that the decision or report and recommendation of the Authority or District Court is in error on other points of law, that party may lodge a notice to that effect with the Registrar of the High Court.

The notice under subsection (1) shall be lodged within 20 working days after the date on which the respondent is served with a copy of the notice of appeal.
Sections 127 to 129 apply to a notice lodged under subsection (1), with all necessary modifications.

(2) (3) 182 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 9 s 135 132 Extension of time On the application of a party to an appeal, the High Court may extend any period of time stated in sections 128 and 130.
133 Date of hearing When a party to an appeal notifies the Registrar of the High Court— (a) that the notice of appeal has been served on all parties to the proceedings; and either— (i) (b) that no application has been lodged under section 130; or that any application lodged under section 130 has been complied with— (ii) the appeal is ready for hearing and the Registrar shall arrange a hearing date as soon as practicable.
134 Appeals to Court of Appeal Section 144 of the Summary Proceedings Act 1957 applies in respect of a decision of the High Court under section 126 as if the decision has been made under section 107 of the Summary Proceedings Act 1957.
Part 9 Emergencies 135 Interpretation In this Part, unless the context otherwise requires,— emergency means— (a) (b) actual or imminent danger to human health or safety; or a danger to the environment or chattels so significant that immediate action is required to remove the dan- ger— arising from a hazardous substance or new organism enforcement officer includes any constable, and any Chief Fire Officer or person exercising the powers of a Chief Fire Officer under section 28 or section 28A or section 29 of the Fire Service Act 1975.
183 Part 9 s 136 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 135 enforcement officer: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
136 Declaration of emergency (1) Where any enforcement officer has reasonable grounds to be- lieve that— (a) (b) there is an emergency; and either,— (i) no state of emergency has been declared under the Civil Defence Emergency Management Act 2002; or the emergency is not being dealt with under the Fire Service Act 1975; or no emergency has been declared under section 144 of the Biosecurity Act 1993; or no other enforcement officer has declared an emergency under this Act; and (ii) (iii) (iv) (c) all or any of the powers set out in section 137 should be exercised in order to— (i) (ii) (iii) enter any premises or dwelling; or remove the cause of the emergency; or stabilise the situation to limit the actual or likely adverse effects of the emergency; or protect the health and safety of people, chattels, or the environment from the actual or likely ad- verse effects of any emergency,— the enforcement officer may declare a hazardous substance or new organisms emergency.
(iv) (2) A hazardous substance or new organisms emergency shall be declared by the enforcement officer by— (a) identifying himself or herself to any persons in the vicinity; and stating his or her authority to exercise emergency powers; and announcing the nature of the emergency and the area likely to be affected.
(b) (c) Every enforcement officer shall notify— (a) the person who appointed him or her as an enforcement officer, if he or she was appointed under section 98; and (3) 184 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 9 s 137 the Authority— (b) of every occasion on which a hazardous substances or new or- ganisms emergency is declared by that officer under this sec- tion.
(4) Any emergency declared under this section shall cease— 48 hours after the time of declaration; or (a) (b) when a state of emergency is declared under the Civil Defence Emergency Management Act 2002; or when the emergency is treated by a Chief Fire Officer as an emergency under the Fire Service Act 1975; or (c) (d) when an emergency is declared under section 144 of the Biosecurity Act 1993,— whichever is the sooner.
(5) Where the conditions which caused the emergency to be de- clared under subsection (1) still exist 48 hours after the time of declaration of the emergency and the emergency has not been treated as an emergency under any of the provisions in para- graphs (b), (c), and (d) of subsection (4), 1 further declaration of emergency may be made under this Act and the provisions of subsection (4) shall apply accordingly.
(6) Any emergency declared under this section shall have effect over the area specified under subsection (2)(c).

Section 136(1)(b)(i): substituted, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).

Section 136(4)(b): substituted, on 1 December 2002, by section 117 of the Civil Defence Emergency Management Act 2002 (2002 No 33).
137 Emergency powers (1) When a hazardous substance or new organisms emergency has been declared under section 136, any enforcement officer may— (a) enter any premises or any dwelling at any time without complying with the provisions of section 103 or section 119: exercise any of the powers set out in section 103: exercise any of the powers set out in section 119(5): direct any person to stop any activity which may con- tribute to the emergency: (b) (c) (d) 185 Part 9 s 138 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (e) (f) (g) (h) (i) (j) request any person, either verbally or in writing, to take any action to prevent or limit the extent of the emer- gency: direct any person to leave any place in the vicinity of the emergency: direct any person to refrain from entering the vicinity of the emergency: requisition any property for use in the emergency: destroy any property or any other thing in order to pre- vent or limit the extent of the emergency: secure the site for up to 24 hours following the decision of the enforcement officer that the immediate danger is past.
(2) If an enforcement officer enters any private property pursuant to the powers conferred by subsection (1), he or she shall ad- vise the occupier of the property as soon as practicable.

Section 137(1)(b): amended, on 7 May 1999, by section 15(e) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
138 Compensation for property requisitioned or destroyed (1) Where any enforcement officer or any person acting at the request of an enforcement officer, made under section 137(1)(e)— (a) requisitions any property from any person for use in an emergency; or destroys any property in order to prevent or limit the extent of any emergency,— (b) there shall be payable, on written application by any person having an interest in the property, by the organisation whose chief executive appointed the enforcement officer or (where the enforcement officer is a constable) out of money appropri- ated by Parliament for the purpose, reasonable compensation for any loss or damage caused by the requisition or destruction of the property.
Compensation shall not be payable under this section to any person who caused or contributed substantially to the emer- gency which brought about the requisition or destruction.
(3) Where there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of such (2) 186 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 10 s 140 compensation, or as to the liability of the Crown or any other person or organisation to pay any such compensation, the mat- ter shall be determined by any court of competent jurisdiction.
Section 138(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

139 Protection of enforcement officers and persons No action or proceedings shall be brought against any enforce- ment officer or any person acting at the request of an enforce- ment officer made under section 137(1)(e), in respect of any actions taken by any such officer or person under this Part where that officer or that person has acted in good faith and with reasonable care.
Part 10 Miscellaneous provisions 140 Regulations (1) Subject to section 141, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) prescribing organisms as genetically modified organ- isms for the purpose of this Act: prescribing organisms as organisms which are not gen- etically modified for the purposes of this Act: (b) (ba) prescribing organisms that are not new organisms for (c) (d) (e) (f) (fa) the purposes of this Act: prescribing or providing for controls on compressed gases, whether intrinsically hazardous or not: prescribing the method of estimating the quantity of any substance or organism to be imported or manufactured: prescribing controls for any hazardous substance to avoid or mitigate any adverse effects on the physical or chemical nature of the environment: prescribing controls to avoid or mitigate illness or injury to people or damage to the environment or chattels from any hazardous substance: prescribing controls for any conditionally released new organism or any qualifying organism released with con- 187 Part 10 s 140 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 trols, to avoid or mitigate any adverse effects on the physical or chemical nature of the environment: prescribing controls for any conditionally released new organism or any qualifying organism released with con- trols, to avoid or mitigate illness or injury to people or animals (other than the persons or animals referred to in
 section 38I(4)(a) and (b)) or damage to the environment or chattels: prescribing requirements to be met by a laboratory, and during the storage, importation, or transportation of any hazardous substance, for the purposes of section 33: prescribing— (i) any species as a risk species where any sub- species, infrasubspecies, variety, strain, or culti- var of that species may have adverse effects on the health and safety of people or the environ- ment; or any subspecies, infrasubspecies, variety, strain, or
 cultivar as a risk species where that subspecies, infrasubspecies, variety, strain, or cultivar may have adverse effects on the health and safety of people or the environment: (ii) prescribing those offences under this Act that constitute infringement offences against this Act: prescribing forms of infringement notices, and prescrib- ing the infringement fees (not exceeding $1,000) for each infringement offence, which may be different fees for different offences: prescribing countries or organisations for the purposes of sections 28, 31, 34, 38A, and 40: prescribing information to be provided with any appli- cation for approval: prescribing forms for the purposes of this Act: prescribing documentation to be issued in respect of any hazardous substance before importation into New Zealand: prescribing qualifications for— (i) enforcement officers appointed under section 100: (fb) (g) (h) (i) (j) (k) (l) (m) (n) (o) 188 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 10 s 140 (p) (q) (r) (s) test certifiers appointed under section 84: (ii) prescribing controls for by-products with hazardous properties, which result from the manufacture of any substance: prescribing damage as serious environmental damage for the purposes of section 144: prescribing restrictions and prohibitions on the sale of specified fireworks: providing for such other matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
(2) Regulations may only be made under subsection (1)(p) where the Authority has notified the Minister that the Authority has reviewed the controls on any by-product with hazardous prop- erties under this Act or any other Act and has satisfied itself that those controls are not sufficient to achieve the purposes of this Act.
(2A) Regulations may be made under subsection (1)(ba) only if the Minister has considered— (a) whether the organism has formed a self-sustaining population in New Zealand; and (b) whether any person is attempting to manage, control, or eradicate the organism under any Act.
(3) Any regulations made under this Act may provide for controls by reference to controls in regulations under any other Act: (5) (4) Any regulations made under subsection (1) may require any person to obtain a test certificate at any specified time certify- ing that a specified requirement has been met.
Regulations made under subsection (1)(c) may prescribe or provide for controls on any compressed gases, whether or not the properties of any gas that is compressed are intrinsically hazardous, and those compressed gases must all be treated as hazardous substances for the purposes of Part 7 regardless of their properties.

Section 140(1)(ba): inserted, on 30 October 2003, by section 53(1) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 140(1)(c): amended, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).

189 Part 10 s 140A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 140(1)(fa): inserted, on 30 October 2003, by section 53(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Section 140(1)(fb): inserted, on 30 October 2003, by section 53(2) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 140(1)(g): substituted, on 2 July 2001, by section 34(1) of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

Section 140(1)(k): amended, on 20 September 2007, by section 8 of the Haz- ardous Substances and New Organisms Amendment Act 2007 (2007 No 61).
Section 140(1)(k): amended, on 7 May 1999, by section 15(f) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 140(2A): inserted, on 30 October 2003, by section 53(3) of the Haz- ardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 140(4): added, on 2 July 2001, by section 34(2) of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).
Section 140(5): added, on 24 March 2004, by section 13 of the Hazardous Sub- stances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).
140A Persistent organic pollutants (1) The Governor-General may, by Order in Council, amend Schedule 2A to— (a) add any hazardous substance that exhibits the charac- teristics of a persistent organic pollutant as specified in the Stockholm Convention: include or amend a use for a persistent organic pollutant: include or amend a date on the close of which a use included under paragraph (b) ceases to be allowed.
(b) (c) (2) An Order in Council made under subsection (1) must be con- sistent with New Zealand’s obligations under the Stockholm Convention.

Section 140A: inserted, on 23 December 2004, by section 15 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
140B Schedule 1AA may be amended or substituted The Governor-General may, by Order in Council,— (a) amend Schedule 1AA by making any amendments to the text of the Stockholm Convention set out in the schedule as are required to bring it up to date: 190 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 10 s 141 (b) revoke Schedule 1AA and substitute a new schedule setting out in an up-to-date form the text of the Stock- holm Convention.
Section 140B: inserted, on 23 December 2004, by section 15 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
141 Procedure for making Orders in Council (1) Before making any recommendation for the purpose of mak- ing any Order in Council under this Act (other than any Order in Council or part of an Order in Council made under section 9(1), section 55(7), section 140(1)(i), (j), (m), or (n), or section 140A, or section 160(1)(b), (c), or (d)), the Minister shall— (a) request the Authority to— (i) do everything reasonably practicable on its part to advise all persons, who or which in its opinion may be affected by any Order in Council made in accordance with the recommendation, of the proposed terms of the Order in Council; and give such persons a reasonable opportunity to make submissions on them to the Authority; and advise the Minister of any submissions received, and any comments the Authority wishes to make on the submissions or the proposed Order in Council; and (ii) (iii) (b) request the Authority to advise on the best international practices and standards for the safe management of haz- ardous substances and new organisms,— and the Minister shall have regard to those submissions and comments received in accordance with paragraph (a) and to the advice received in accordance with paragraph (b).
Subsection (1)(a) shall not apply in respect of any Order in Council if the Minister considers it is desirable in the public interest that the Order in Council be made urgently.

(2) (3) A failure to comply with subsection (1) shall not affect the validity of any Order in Council made under this Act.

Section 141(1): amended, on 23 December 2004, by section 16 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
191 Part 10 s 141A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Section 141(1): amended, on 7 May 1999, by section 15(1)(g) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
141A Incorporation of material by reference (1) The following material may be incorporated by reference into any regulations, group standard, notice of transfer, or code of practice: (a) (ab) (b) standards, requirements, or recommended practices of national or international organisations: standards, requirements, or recommended practices prescribed in any country or jurisdiction or by any group of countries: any document or other material that, in the opinion of the Minister (in the case of regulations) or the Authority (in the case of a group standard, notice of transfer, or code), is too large or impractical to be printed as part of the regulations, group standard, notice of transfer, or code.
(2) Any such material may be so incorporated in regulations, a group standard, a notice of transfer, or a code of practice either in whole or in part, and either unmodified or with such add- itions or variations as are specified in the regulations, group standard, notice of transfer, or code.

(3) Material has legal effect as part of the regulations, group stand- ard, notice of transfer, or code of practice in which the material is incorporated by reference.
[Repealed] Section 141A: inserted, on 2 July 2001, by section 35 of the Hazardous Sub- stances and New Organisms Amendment Act 2000 (2000 No 89).

(4) Section 141A(1): amended, on 22 December 2005, by section 35(1) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).

Section 141A(1)(a): substituted, on 20 April 2010, by section 30(1) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
Section 141A(1)(ab): inserted, on 20 April 2010, by section 30(1) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 141A(1)(b): amended, on 22 December 2005, by section 35(2)(a) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
192 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 10 s 141B Section 141A(1)(b): amended, on 22 December 2005, by section 35(2)(b) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 141A(2): amended, on 22 December 2005, by section 35(3)(a) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
Section 141A(2): amended, on 22 December 2005, by section 35(3)(b) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 141A(3): substituted, on 20 April 2010, by section 30(2) of the Haz- ardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 141A(4): repealed, on 20 April 2010, by section 30(3) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
141B Amendment to, or replacement of, material incorporated by reference (1) An amendment to, or replacement of, material has legal effect as part of the regulations, group standard, or code of practice in which the material is incorporated by reference only if a notice is published in the Gazette— (a) stating that the amendment or replacement has that ef- fect; and specifying the date of the notice, or a later date, as the date on which the amendment or replacement has that effect.
(b) (2) (3) The following person may publish the notice: (a) the Minister, in the case of material incorporated in regulations; or the Authority, in the case of material incorporated in a group standard or code of practice.

(b) The notice must not be published unless the amendment or replacement material is of the same general character as the material amended or replaced.
(4) An amendment to, or replacement of, material does not have legal effect as part of a notice of transfer in which the material is incorporated by reference.

Section 141B: inserted, on 20 April 2010, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
193 Part 10 s 141C Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 141C Proof of material incorporated by reference (1) A copy of material that is incorporated by reference in regu- lations, including any amendment to, or replacement of, that material, must be— (a) certified as a correct copy of the material by the chief executive of the Ministry for the Environment; and retained by that chief executive or the chief executive of the Authority.
(b) (2) A copy of material that is incorporated by reference in a group standard, notice of transfer, or code of practice, including any amendment to, or replacement of, that material, must be— (a) certified as a correct copy of the material by the chief executive of the Authority; and retained by that chief executive.
(b) The production in proceedings of a certified copy of the ma- terial is, in the absence of evidence to the contrary, sufficient evidence of the incorporation of that material in the regula- tions, group standard, notice of transfer, or code of practice.

Section 141C: inserted, on 20 April 2010, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
(3) 141D Material incorporated by reference that ceases to have (1) (2) effect If material ceases to have effect, it ceases to have legal effect as part of the regulations, group standard, or code of practice in which the material is incorporated by reference only if a notice is published in the Gazette— (a) (b) stating that the material ceases to have that effect; and specifying the date of the notice, or a later date, as the date on which the material ceases to have that effect.
The following person may publish the notice: (a) the Minister, in the case of material incorporated in regulations; or the Authority, in the case of material incorporated in a group standard or code of practice.

(b) (3) Material that ceases to have effect does not cease to have legal effect as part of a notice of transfer in which the material is incorporated by reference.
194 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 10 s 141F Section 141D: inserted, on 20 April 2010, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
141E Notice must be provided to committee responsible for examining regulations If a notice is published in the Gazette under section 141B or 141D in relation to material incorporated in regulations or a group standard, the following person must promptly provide a copy of the notice to the chairperson of the committee of the House of Representatives responsible for examining regula- tions: (a) the chief executive of the Ministry for the Environment, in the case of material incorporated in regulations; or the chief executive of the Authority, in the case of ma- terial incorporated in a group standard.
(b) Section 141E: inserted, on 20 April 2010, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
141F Requirement to consult on proposal to amend or replace (1) (2) (3) (4) material incorporated by reference The Minister must comply with subsection (2) before publish- ing a notice in the Gazette under section 141B stating that an amendment to, or replacement of, material has legal effect as part of the regulations in which the material is incorporated by reference.
The Minister must notify and consult on the proposed amend- ment to, or replacement of, material in accordance with sec- tion 141 (with all necessary modifications) as if the proposed amendment or replacement were a proposed Order in Council.
The chief executive of the Authority must comply with subsec- tion (4) before publishing a notice in the Gazette under section 141B stating that an amendment to, or replacement of, mater- ial has legal effect as part of the group standard or code of practice in which the material is incorporated by reference.
The chief executive must notify and consult on the proposed amendment to, or replacement of, material,— (a) in the case of a group standard, in accordance with sec- tions 53 to 61 (with all necessary modifications) as if 195 Part 10 s 141G Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) the proposed amendment or replacement were an appli- cation under section 96B to amend a group standard; or in the case of a code of practice, in accordance with section 79(2) and (3) (with all necessary modifications) as if the proposed amendment or replacement were a code proposed for approval.
(5) A failure to comply with this section does not invalidate regu- lations that incorporate material by reference or a group stand- ard or code of practice that incorporates material by reference.

Section 141F: inserted, on 20 April 2010, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).

141G Access to material incorporated by reference in regulations This section applies if material is incorporated by reference in regulations.
The chief executive of the Ministry for the Environment must— (a) make the material referred to in subsection (5) (the in- corporated material) available for inspection during working hours, free of charge, at— (i) (ii) the head office of the Ministry; and any other places that the chief executive may, at his or her discretion, determine are appropriate; and (b) ensure that copies of the incorporated material are avail- able for purchase by members of the public at a reason- able price; and (c) make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Ministry, unless doing so would infringe copy- right in that material or be inconsistent with any other enactment or rule of law; and give notice in the Gazette— (i) (d) stating that the incorporated material is avail- able for inspection during working hours, free of charge, and specifying the places at which it can be inspected; and (1) (2) 196 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 10 s 141H (3) (4) (5) (ii) (iii) stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased; and if applicable, stating that the incorporated mater- ial is available on the Internet, free of charge, and specifying the Internet site address.
The chief executive— (a) may make copies of the incorporated material available in any other way that he or she considers appropriate in the circumstances; and (b) must, if paragraph (a) applies, give notice in the Gazette stating that the incorporated material is available in other ways and specifying details of where or how it can be accessed or obtained.
The chief executive may comply with subsection (2)(c) by pro- viding a hypertext link from an Internet site maintained by or on behalf of the Ministry to a copy of the incorporated mater- ial that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
The material is— (a) material incorporated by reference in regulations: (b) any amendment to, or replacement of, that material that is incorporated in the regulations, or the material re- ferred to in paragraph (a) with the amendments or re- placement material incorporated: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the ma- terial itself, an accurate translation in an official New Zealand language of the material.
(c) (6) A failure to comply with this section does not invalidate regu- lations that incorporate material by reference.

Section 141G: inserted, on 20 April 2010, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).

(1) 141H Access to material incorporated by reference in group standard, notice of transfer, or code of practice This section applies if material is incorporated by reference in a group standard, notice of transfer, or code of practice.
The chief executive of the Authority must— (2) 197 Part 10 s 141I Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (b) (a) make the material referred to in subsection (3) (the in- corporated material) available for inspection by mem- bers of the public free of charge; and ensure that copies of the incorporated material are avail- able for purchase by members of the public at a reason- able price; and give notice in the Gazette— (i) (c) stating that the incorporated material is available for inspection free of charge and specifying the places at which it can be inspected; and stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased.
(ii) (3) The material is— (a) material incorporated by reference in a group standard, (b) (c) notice of transfer, or code of practice: any amendment to, or replacement of, that material that is incorporated in the group standard or code of prac- tice, or the material referred to in paragraph (a) with the amendments or replacement material incorporated: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the ma- terial itself, an accurate translation in an official New Zealand language of the material.
(4) A failure to comply with this section does not invalidate a group standard, notice of transfer, or code of practice that in- corporates material by reference.

Section 141H: inserted, on 20 April 2010, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
141I Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989 The Acts and Regulations Publication Act 1989 does not apply to material incorporated by reference in regulations, group standards, notices of transfer, or codes of practice, or to an amendment to, or replacement of, that material.
The Regulations (Disallowance) Act 1989 applies to regula- tions, group standards, and notices of transfer that incorporate (1) (2) 198 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 10 s 142 material by reference, but does not apply to codes of practice that incorporate material by reference.
(3) However, nothing in section 4 of the Regulations (Disallow- ance) Act 1989 requires material (including an amendment to, or replacement of, that material) that is incorporated by refer- ence in regulations, group standards, or notices of transfer to be presented to the House of Representatives.

Section 141I: inserted, on 20 April 2010, by section 31 of the Hazardous Sub- stances and New Organisms Amendment Act 2010 (2010 No 18).
142 Relationship to other Acts (1) Nothing in this Act shall affect the requirements of the (2) Biosecurity Act 1993 in relation to any organism.

Every person exercising a power or function under the Resource Management Act 1991 relating to the storage, use, disposal, or transportation of any hazardous substance shall comply with the provisions of this Act and with regulations and notices of transfer made under this Act.
(3) Nothing in subsection (2) shall prevent any person lawfully imposing more stringent requirements on the storage, use, dis- posal, or transportation of any hazardous substance than may be required by or under this Act where such requirements are considered necessary by that person for the purposes of the Resource Management Act 1991.
(4) Nothing in this Act shall apply to any resource consent, be- ing— (a) (b) a land use consent relating to the storage, use, disposal, or transportation of any hazardous substance; or a coastal permit to do something that would otherwise contravene section 15 of the Resource Management Act 1991; or a discharge permit,— (c) where that resource consent was granted before the coming into force of any regulations made under this Act (other than regulations made under Parts 11 to 16) until such time as the conditions on the resource consent are reviewed in accordance with section 128 of the Resource Management Act 1991.
For the purposes of this section, resource consent has the same meaning as in the Resource Management Act 1991.
(5) 199 Part 10 s 142A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (6) Any controls prescribed under any other Act for any hazardous substance shall not contravene the provisions of regulations made under sections 75 and 76 unless— (a) there is a provision in that other Act that expressly pro- vides that controls made under that other Act for speci- fied purposes may contravene the provisions of regula- tions made under this Act; and the controls are made for the purposes provided for in that Act.
(b) Section 142(2): amended, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).

Section 142(3): amended, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amend- ment Act 2004 (2004 No 7).

142A Exemptions from approval requirements [Expired] Section 142A: expired, on 2 July 2006, by section 142A(6).
143 Notification of hazardous substances injuries (1) In this section,— hospital means a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practi- tioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
If any person, upon admission to a hospital, is found to be suffering from any injury caused by a hazardous substance, the person for the time being in charge of the hospital shall give notice of the injury to the Medical Officer of Health.

If a medical practitioner finds that a person who is not admitted to a hospital is suffering from an injury caused by a hazardous substance, the medical practitioner must give notice of the in- jury to the Medical Officer of Health.
(2) (2A) 200 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 10 s 147 (3) The Medical Officer of Health shall ensure that information about any injury notified in accordance with subsection (2) or subsection (2A) (not being information which identifies any individual person) is supplied to the Minister of Health.
Section 143(1): substituted, on 22 December 2005, by section 36(1) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).

Section 143(2A): inserted, on 22 December 2005, by section 36(2) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).
Section 143(3): amended, on 22 December 2005, by section 36(3) of the Haz- ardous Substances and New Organisms (Approvals and Enforcement) Amend- ment Act 2005 (2005 No 123).

144 Reporting of incidents (1) Every person in charge of a substance involved in an incident resulting in serious harm to any person or serious environmen- tal damage shall, unless an enforcement officer attended the incident or subsection (2) applies, report that incident to an enforcement officer.
(2) No person shall be obliged to report an incident to an enforce- ment officer under this Act where the incident is required to be reported under any other Act.

145 Ombudsmen Act 1975 amended [Repealed] Section 145: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

146 Authority to be Crown entity [Repealed] Section 146: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
147 Additional matters to be included in statement of intent (1) The Authority shall include in its statement of intent under section 139 of the Crown Entities Act 2004: 201 Part 10 s 148 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (a) (b) (c) (d) (e) (f) [Repealed] [Repealed] [Repealed] information on decisions under section 62: any new borrowings or financial leases, or similar li- abilities that the Authority intends to incur during that year: a statement of the consideration given by the Authority when granting each approval of a hazardous substance of the reasons for and against imposing an environmen- tal user charge as a control.
(2) (3) [Repealed] [Repealed] Section 147(1): amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 147(1)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 147(1)(b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 147(1)(c): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 147(2): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 147(3): repealed, on 20 April 2010, by section 32 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
148 Additional reporting requirements The annual report under section 150 of the Crown Entities Act 2004 must include the following additional matters: (a) (b) (c) [Repealed] [Repealed] information showing the number and type of incidents caused by inadequate management of hazardous sub- stances or new organisms: information on decisions under section 62: any other matters the Authority considers to be sig- nificant in the management and use of hazardous sub- stances and new organisms, including the investigation and use of environmental user charges.
(d) (e) 202 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 11 s 153 Section 148: amended, on 25 January 2005, by section 200 of the Crown En- tities Act 2004 (2004 No 115).

Section 148(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Section 148(b): repealed, on 20 April 2010, by section 33 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).
149 Amendments to other Acts The enactments specified in Schedule 4 are hereby amended in the manner indicated in that schedule.

150 Repeals and revocations (1) (2) The enactments specified in Schedule 5 are hereby repealed.

The regulations and orders specified in Schedule 6 are hereby revoked.

Part 11 Transitional provisions—General [Expired] Part 11: expired, on 2 July 2006, by section 152(1)(b).

151 Interpretation [Expired] Section 151: expired, on 2 July 2006, by section 152(1)(b).
152 Expiry of transitional provisions [Expired] Section 152: expired, on 2 July 2006, by section 152(1)(b).

152A Expiry of transitional provisions in relation to persistent organic pollutants [Expired] Section 152A: expired, on 2 July 2006, by section 152(1)(b).

153 Exemption in case of licence application [Expired] Section 153: expired, on 2 July 2006, by section 152(1)(b).
203 Part 11 s 154 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 154 Exemptions from regulations and provisions of Parts 11 to 16 [Expired] Section 154: expired, on 2 July 2006, by section 152(1)(b).

155 Applications made under transitional provisions [Expired] Section 155: expired, on 2 July 2006, by section 152(1)(b).

156 Offences against Parts 11 to 16 [Expired] Section 156: expired, on 2 July 2006, by section 152(1)(b).
157 Defences [Expired] Section 157: expired, on 2 July 2006, by section 152(1)(b).

158 Suspension and cancellation of licences [Expired] Section 158: expired, on 2 July 2006, by section 152(1)(b).

159 Continuation of Pesticides Board and Toxic Substances Board [Expired] Section 159: expired, on 2 July 2006, by section 152(1)(b).

160 Regulations relating to transitional provisions [Expired] Section 160: expired, on 2 July 2006, by section 152(1)(b).
160A Notices of transfer relating to transitional matters [Expired] Section 160A: expired, on 2 July 2006, by section 152(1)(b).

160B Controls may be imposed for purposes of notice of transfer [Expired] Section 160B: expired, on 2 July 2006, by section 152(1)(b).

204 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 12 s 167 161 Regulations saved [Expired] Section 161: expired, on 2 July 2006, by section 152(1)(b).
162 Reassessment of substances and organisms [Expired] Section 162: expired, on 2 July 2006, by section 152(1)(b).

Part 12 Transitional provisions—Pesticides [Expired] Part 12: expired, on 2 July 2006, by section 152(1)(b).

163 Interpretation [Expired] Section 163: expired, on 2 July 2006, by section 152(1)(b).

164 Application of this Part [Expired] Section 164: expired, on 2 July 2006, by section 152(1)(b).
164A Protection of information [Expired] Section 164A: expired, on 2 July 2006, by section 152(1)(b).

165 Sale, importation, and use of pesticides [Expired] Section 165: expired, on 2 July 2006, by section 152(1)(b).

166 Labelling [Expired] Section 166: expired, on 2 July 2006, by section 152(1)(b).

167 Advertisements [Expired] Section 167: expired, on 2 July 2006, by section 152(1)(b).
205 Part 12 s 168 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 168 Review and revocation of registration [Expired] Section 168: expired, on 2 July 2006, by section 152(1)(b).

169 Transfer of proprietors’ rights [Expired] Section 169: expired, on 2 July 2006, by section 152(1)(b).

170 Sale of pesticides in bulk [Expired] Section 170: expired, on 2 July 2006, by section 152(1)(b).

171 Warranties [Expired] Section 171: expired, on 2 July 2006, by section 152(1)(b).
172 Pesticide register [Expired] Section 172: expired, on 2 July 2006, by section 152(1)(b).

173 Regulations relating to all pesticides [Expired] Section 173: expired, on 2 July 2006, by section 152(1)(b).

174 Regulations relating to controlled pesticides [Expired] Section 174: expired, on 2 July 2006, by section 152(1)(b).

175 Interpretation [Expired] Section 175: expired, on 2 July 2006, by section 152(1)(b).
176 Restrictions on use of controlled pesticides [Expired] Section 176: expired, on 2 July 2006, by section 152(1)(b).

206 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 13 s 184 177 Qualifications for approved operator licence [Expired] Section 177: expired, on 2 July 2006, by section 152(1)(b).

178 Dealing with applications [Expired] Section 178: expired, on 2 July 2006, by section 152(1)(b).
179 Effect of licences [Expired] Section 179: expired, on 2 July 2006, by section 152(1)(b).

180 Duration of licences [Expired] Section 180: expired, on 2 July 2006, by section 152(1)(b).

181 Variation of terms and conditions of licences [Expired] Section 181: expired, on 2 July 2006, by section 152(1)(b).

182 Register of approved operators [Expired] Section 182: expired, on 2 July 2006, by section 152(1)(b).
Part 13 Transitional provisions—Toxic substances [Expired] Part 13: expired, on 2 July 2006, by section 152(1)(b).

183 Interpretation [Expired] Section 183: expired, on 2 July 2006, by section 152(1)(b).

184 Application of this Part [Expired] Section 184: expired, on 2 July 2006, by section 152(1)(b).

207 Part 13 s 184A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 184A Protection of information [Expired] Section 184A: expired, on 2 July 2006, by section 152(1)(b).
185 Restrictions on sales of deadly poisons and dangerous poisons [Expired] Section 185: expired, on 2 July 2006, by section 152(1)(b).

186 Sale and packing of poisons [Expired] Section 186: expired, on 2 July 2006, by section 152(1)(b).

187 Further restrictions on sale of poisons [Expired] Section 187: expired, on 2 July 2006, by section 152(1)(b).

188 Containers [Expired] Section 188: expired, on 2 July 2006, by section 152(1)(b).
189 Custody of poisons and harmful substances [Expired] Section 189: expired, on 2 July 2006, by section 152(1)(b).

190 Storage of poisons and harmful substances [Expired] Section 190: expired, on 2 July 2006, by section 152(1)(b).

191 Packing of poisons and harmful substances [Expired] Section 191: expired, on 2 July 2006, by section 152(1)(b).

192 Restriction on possession and use of deadly poisons and dangerous poisons [Expired] Section 192: expired, on 2 July 2006, by section 152(1)(b).
208 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 13 s 201 193 Control of advertisements [Expired] Section 193: expired, on 2 July 2006, by section 152(1)(b).

194 Disposal of surplus poisons to other user or licensee [Expired] Section 194: expired, on 2 July 2006, by section 152(1)(b).

195 Exemptions for pharmacists [Expired] Section 195: expired, on 2 July 2006, by section 152(1)(b).
196 Exemptions for veterinarians [Expired] Section 196: expired, on 2 July 2006, by section 152(1)(b).

197 Exemptions for certain other persons [Expired] Section 197: expired, on 2 July 2006, by section 152(1)(b).

198 Exemptions for agents and employees [Expired] Section 198: expired, on 2 July 2006, by section 152(1)(b).

199 Applications for licences [Expired] Section 199: expired, on 2 July 2006, by section 152(1)(b).
200 Dealing with applications [Expired] Section 200: expired, on 2 July 2006, by section 152(1)(b).

201 Effect of licences [Expired] Section 201: expired, on 2 July 2006, by section 152(1)(b).

209 Part 13 s 202 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 202 Duration of licences [Expired] Section 202: expired, on 2 July 2006, by section 152(1)(b).

203 Records of sales [Expired] Section 203: expired, on 2 July 2006, by section 152(1)(b).
204 Register [Expired] Section 204: expired, on 2 July 2006, by section 152(1)(b).

205 Interpretation [Expired] Section 205: expired, on 2 July 2006, by section 152(1)(b).

206 Packing of imported toxic substances [Expired] Section 206: expired, on 2 July 2006, by section 152(1)(b).

207 Notice to be given of imported toxic substances [Expired] Section 207: expired, on 2 July 2006, by section 152(1)(b).
208 Application of toxic substances regulations [Expired] Section 208: expired, on 2 July 2006, by section 152(1)(b).

Part 14 Transitional provisions—Dangerous goods [Expired] Part 14: expired, on 2 July 2006, by section 152(1)(b).

Interpretation [Expired] Section 209: expired, on 2 July 2006, by section 152(1)(b).
209 210 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 14 s 218 210 Application of this Part [Expired] Section 210: expired, on 2 July 2006, by section 152(1)(b).

211 Restrictions on storage and use of dangerous goods [Expired] Section 211: expired, on 2 July 2006, by section 152(1)(b).

212 Restrictions on containers [Expired] Section 212: expired, on 2 July 2006, by section 152(1)(b).
213 Containers of dangerous goods to be specially marked [Expired] Section 213: expired, on 2 July 2006, by section 152(1)(b).

214 Pumps for reselling dangerous goods [Expired] Section 214: expired, on 2 July 2006, by section 152(1)(b).

215 Restrictions on use of gases in balloons [Expired] Section 215: expired, on 2 July 2006, by section 152(1)(b).

216 Phosphorus matches [Expired] Section 216: expired, on 2 July 2006, by section 152(1)(b).
217 Licensing of premises for storage of dangerous goods [Expired] Section 217: expired, on 2 July 2006, by section 152(1)(b).

218 Provisional licences [Expired] Section 218: expired, on 2 July 2006, by section 152(1)(b).

211 Part 14 s 219 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 219 General provisions as to licences [Expired] Section 219: expired, on 2 July 2006, by section 152(1)(b).
220 Renewal of licences [Expired] Section 220: expired, on 2 July 2006, by section 152(1)(b).

221 Continuing application of dangerous goods regulations [Expired] Section 221: expired, on 2 July 2006, by section 152(1)(b).

Part 15 Transitional provisions—Explosives [Expired] Part 15: expired, on 2 July 2006, by section 152(1)(b).

222 Interpretation [Expired] Section 222: expired, on 2 July 2006, by section 152(1)(b).
223 Classification of explosives [Expired] Section 223: expired, on 2 July 2006, by section 152(1)(b).

224 Application of this Part [Expired] Section 224: expired, on 2 July 2006, by section 152(1)(b).

225 Importation of explosives [Expired] Section 225: expired, on 2 July 2006, by section 152(1)(b).

226 Permit for importation of fireworks [Expired] Section 226: expired, on 2 July 2006, by section 152(1)(b).
212 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 15 s 235 227 Licence to manufacture explosives [Expired] Section 227: expired, on 2 July 2006, by section 152(1)(b).

228 Factory not to be altered without consent of Authority [Expired] Section 228: expired, on 2 July 2006, by section 152(1)(b).

229 Fireworks not to be sold to persons under 14 years of age [Expired] Section 229: expired, on 2 July 2006, by section 152(1)(b).
230 Application of following sections [Expired] Section 230: expired, on 2 July 2006, by section 152(1)(b).

231 Explosives not to be sold without licence [Expired] Section 231: expired, on 2 July 2006, by section 152(1)(b).

232 Restriction on sale of fireworks [Expired] Section 232: expired, on 2 July 2006, by section 152(1)(b).

233 Sale of explosives [Expired] Section 233: expired, on 2 July 2006, by section 152(1)(b).
234 Storage of explosives [Expired] Section 234: expired, on 2 July 2006, by section 152(1)(b).

235 Certain explosives not to be carried without consent of Authority [Expired] Section 235: expired, on 2 July 2006, by section 152(1)(b).

213 Part 15 s 236 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 236 Licence required to carry certain explosives [Expired] Section 236: expired, on 2 July 2006, by section 152(1)(b).
237 Carriage of explosives in vehicles or vessels carrying passengers [Expired] Section 237: expired, on 2 July 2006, by section 152(1)(b).

238 Firework displays [Expired] Section 238: expired, on 2 July 2006, by section 152(1)(b).

239 Private storage [Expired] Section 239: expired, on 2 July 2006, by section 152(1)(b).

240 Conditions of licence [Expired] Section 240: expired, on 2 July 2006, by section 152(1)(b).

241 Public magazines [Expired] Section 241: expired, on 2 July 2006, by section 152(1)(b).
242 Private magazines [Expired] Section 242: expired, on 2 July 2006, by section 152(1)(b).

243 Private magazine not to be altered without consent [Expired] Section 243: expired, on 2 July 2006, by section 152(1)(b).

244 Danger buildings [Expired] Section 244: expired, on 2 July 2006, by section 152(1)(b).

214 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Part 15 s 253 245 Notices on danger buildings [Expired] Section 245: expired, on 2 July 2006, by section 152(1)(b).
246 Repairs or alterations to danger buildings [Expired] Section 246: expired, on 2 July 2006, by section 152(1)(b).

247 Protective clothing, etc [Expired] Section 247: expired, on 2 July 2006, by section 152(1)(b).

248 Employment of young persons in danger buildings [Expired] Section 248: expired, on 2 July 2006, by section 152(1)(b).

249 Packing and marking of explosives [Expired] Section 249: expired, on 2 July 2006, by section 152(1)(b).
250 Handling of explosives [Expired] Section 250: expired, on 2 July 2006, by section 152(1)(b).

251 Abandonment or disposal of explosives [Expired] Section 251: expired, on 2 July 2006, by section 152(1)(b).

252 Damaged, defective, or unsafe explosives [Expired] Section 252: expired, on 2 July 2006, by section 152(1)(b).

253 Continuation of regulations [Expired] Section 253: expired, on 2 July 2006, by section 152(1)(b).
215 Part 16 s 254 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part 16 Transitional provisions—New organisms [Expired] Part 16: expired, on 29 July 2001, by section 152(1)(a).

Animals [Expired] Heading: expired, on 29 July 2001, by section 152(1)(a).

254 Animals [Expired] Section 254: expired, on 29 July 2001, by section 152(1)(a).

255 Zoological gardens [Expired] Section 255: expired, on 29 July 2001, by section 152(1)(a).
256 Hamsters [Expired] Section 256: expired, on 29 July 2001, by section 152(1)(a).

257 Approvals for genetically modified organisms [Expired] Section 257: expired, on 29 July 2001, by section 152(1)(a).

Plants [Expired] Heading: expired, on 29 July 2001, by section 152(1)(a).

258 Import permits [Expired] Section 258: expired, on 29 July 2001, by section 152(1)(a).

259 Micro-organisms lawfully in use [Expired] Section 259: expired, on 29 July 2001, by section 152(1)(a).
216 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Schedule 1AA Stockholm Convention on Persistent Organic Pollutants s 2(1) Schedule 1AA: inserted, on 23 December 2004, by section 18 of the Haz- ardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
The Parties to this Convention, Recognizing that persistent organic pollutants possess toxic proper- ties, resist degradation, bioaccumulate and are transported, through air, water and migratory species, across international boundaries and deposited far from their place of release, where they accumulate in terrestrial and aquatic ecosystems, Aware of the health concerns, especially in developing countries, re- sulting from local exposure to persistent organic pollutants, in par- ticular impacts upon women and, through them, upon future genera- tions, Acknowledging that the Arctic ecosystems and indigenous commu- nities are particularly at risk because of the biomagnification of per- sistent organic pollutants and that contamination of their traditional foods is a public health issue, Conscious of the need for global action on persistent organic pollu- tants, Mindful of decision 19/13 C of 7 February 1997 of the Governing Council of the United Nations Environment Programme to initiate international action to protect human health and the environment through measures which will reduce and/or eliminate emissions and discharges of persistent organic pollutants, Recalling the pertinent provisions of the relevant international envir- onmental conventions, especially the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal including the regional agreements developed within the framework of its Article 11, Recalling also the pertinent provisions of the Rio Declaration on En- vironment and Development and Agenda 21, Acknowledging that precaution underlies the concerns of all the Par- ties and is embedded within this Convention, 217 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Recognizing that this Convention and other international agreements in the field of trade and the environment are mutually
 supportive, Reaffirming that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environ- mental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause dam- age to the environment of other States or of areas beyond the limits of national jurisdiction, Taking into account the circumstances and particular requirements of developing countries, in particular the least developed among them, and countries with economies in transition, especially the need to strengthen their national capabilities for the management of chem- icals, including through the transfer of technology, the provision of financial and technical assistance and the promotion of cooperation among the Parties, Taking full account of the Programme of Action for the Sustainable Development of Small Island Developing States, adopted in Barba- dos on 6 May 1994, Noting the respective capabilities of developed and developing coun- tries, as well as the common but differentiated responsibilities of States as set forth in Principle 7 of the Rio Declaration on Envir- onment and Development, Recognizing the important contribution that the private sector and non-governmental organizations can make to achieving the reduction and/or elimination of emissions and discharges of persistent organic pollutants, Underlining the importance of manufacturers of persistent organic pollutants taking responsibility for reducing adverse effects caused by their products and for providing information to users, Govern- ments and the public on the hazardous properties of those chemicals, Conscious of the need to take measures to prevent adverse effects caused by persistent organic pollutants at all stages of their life cycle, Reaffirming Principle 16 of the Rio Declaration on Environment and Development which states that national
 authorities should endeavour to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the pol- luter should, in principle, bear the cost of pollution, with due regard 218 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA to the public interest and without distorting international trade and investment, Encouraging Parties not having regulatory and assessment schemes for pesticides and industrial chemicals to develop such schemes, Recognizing the importance of developing and using environmen- tally sound alternative processes and chemicals, Determined to protect human health and the environment from the harmful impacts of persistent organic pollutants, Have agreed as follows: Article 1 Objective Mindful of the precautionary approach as set forth in Principle 15 of the Rio Declaration on Environment and Development, the objective of this Convention is to protect human health and the environment from persistent organic pollutants.
Article 2 Definitions For the purposes of this Convention: (a) “Party” means a State or regional economic integration organ- ization that has consented to be bound by this Convention and for which the Convention is in force; “Regional economic integration organization” means an or- ganization constituted by sovereign States of a given region to which its member States have transferred competence in re- spect of matters governed by this Convention and which has been duly authorized, in accordance with its internal proced- ures, to sign, ratify, accept, approve or accede to this Conven- tion; “Parties present and voting” means Parties present and casting an affirmative or negative vote.
(b) (c) Article 3 Measures to reduce or eliminate releases from intentional production and use 1.
Each Party shall: 219 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 3—continued (a) Prohibit and/or take the legal and administrative meas- ures necessary to eliminate: (i) Its production and use of the chemicals listed in Annex A subject to the provisions of that Annex; and Its import and export of the chemicals listed in Annex A in accordance with the provisions of paragraph 2; and (ii) (b) Restrict its production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.
Each Party shall take measures to ensure: (a) That a chemical listed in Annex A or Annex B is im- ported only: (i) For the purpose of environmentally sound dis- posal as set forth in paragraph 1(d) of Article 6; or For a use or purpose which is permitted for that Party under Annex A or Annex B; (ii) (b) That a chemical listed in Annex A for which any pro- duction or use specific exemption is in effect or a chem- ical listed in Annex B for which any production or use specific exemption or acceptable purpose is in effect, taking into account any relevant provisions in existing international prior informed consent instruments, is ex- ported only: (i) For the purpose of environmentally sound dis- posal as set forth in paragraph 1(d) of Article 6; To a Party which is permitted to use that chemical under Annex A or Annex B; or (ii) (iii) To a State not Party to this Convention which has provided an annual certification to the export- ing Party.
Such certification shall specify the in- tended use of the chemical and include a state- ment that, with respect to that chemical, the im- porting State is committed to: 2.
220 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Article 3—continued a. b. c. Protect human health and the environment by taking the necessary measures to mini- mize or prevent releases; Comply with the provisions of paragraph 1 of Article 6; and Comply, where appropriate, with the pro- visions of paragraph 2 of Part II of Annex B.
The certification shall also include any appro- priate supporting documentation, such as legis- lation, regulatory instruments, or administrative or policy guidelines.

The exporting Party shall transmit the certification to the Secretariat within sixty days of receipt.
(c) (d) That a chemical listed in Annex A, for which produc- tion and use specific exemptions are no longer in effect for any Party, is not exported from it except for the pur- pose of environmentally sound disposal as set forth in paragraph 1(d) of Article 6; For the purposes of this paragraph, the term “State not Party to this Convention” shall include, with respect to a particular chemical, a State or regional economic integration organization that has not agreed to be bound by the Convention with respect to that chemical.
Each Party that has one or more regulatory and assessment schemes for new pesticides or new industrial chemicals shall take measures to regulate with the aim of preventing the pro- duction and use of new pesticides or new industrial chemicals which, taking into consideration the criteria in paragraph 1 of Annex D, exhibit the characteristics of persistent organic pol- lutants.
Each Party that has one or more regulatory and assessment schemes for pesticides or industrial chemicals shall, where ap- propriate, take into consideration within these schemes the cri- teria in paragraph 1 of Annex D when conducting assessments of pesticides or industrial chemicals currently in use.

3.

4.
3.

4.

221 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 3—continued Except as otherwise provided in this Convention, paragraphs 1 and 2 shall not apply to quantities of a chemical to be used for laboratory-scale research or as a reference standard.
Any Party that has a specific exemption in accordance with Annex A or a specific exemption or an acceptable purpose in accordance with Annex B shall take appropriate measures to ensure that any production or use under such exemption or purpose is carried out in a manner that prevents or minimizes human exposure and release into the environment.
For ex- empted uses or acceptable purposes that involve intentional release into the environment under conditions of normal use, such release shall be to the minimum extent necessary, taking into account any applicable standards and guidelines.

Article 4 Register of specific exemptions A Register is hereby established for the purpose of identifying the Parties that have specific exemptions listed in Annex A or Annex B.
It shall not identify Parties that make use of the provisions in Annex A or Annex B that may be exercised by all Parties.

The Register shall be maintained by the Secretariat and shall be available to the public.

The Register shall include: (a) A list of the types of specific exemptions reproduced from Annex A and Annex B; (b) A list of the Parties that have a specific exemption listed (c) under Annex A or Annex B; and A list of the expiry dates for each registered specific exemption.
Any State may, on becoming a Party, by means of a notification in writing to the Secretariat, register for one or more types of specific exemptions listed in Annex A or Annex B.

Unless an earlier date is indicated in the Register by a Party, or an extension is granted pursuant to paragraph 7, all regis- trations of specific exemptions shall expire five years after the date of entry into force of this Convention with respect to a particular chemical.

5.

6.

1.

2.

3.

4.


222 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Article 4—continued 5.

6.

7.

8.

At its first meeting, the Conference of the Parties shall decide upon its review process for the entries in the Register.

Prior to a review of an entry in the Register, the Party con- cerned shall submit a report to the Secretariat justifying its continuing need for registration of that exemption.
The re- port shall be circulated by the Secretariat to all Parties.

The review of a registration shall be carried out on the basis of all available information.

Thereupon, the Conference of the Par- ties may make such recommendations to the Party concerned as it deems appropriate.

The Conference of the Parties may, upon request from the Party concerned, decide to extend the expiry date of a spe- cific exemption for a period of up to five years.
In making its decision, the Conference of the Parties shall take due account of the special circumstances of the developing country Parties and Parties with economies in transition.

A Party may, at any time, withdraw an entry from the Register for a specific exemption upon written notification to the Sec- retariat.

The withdrawal shall take effect on the date specified in the notification.

9.
9.

When there are no longer any Parties registered for a particular type of specific exemption, no new registrations may be made with respect to it.
Article 5 Measures to reduce or eliminate releases from unintentional production Each Party shall at a minimum take the following measures to reduce the total releases derived from anthropogenic sources of each of the chemicals listed in Annex C, with the goal of their continuing mini- mization and, where feasible, ultimate elimination: (a) Develop an action plan or, where appropriate, a regional or subregional action plan within two years of the date of entry into force of this Convention for it, and subsequently imple- ment it as part of its implementation plan specified in Article 7, designed to identify, characterize and address the release of the chemicals listed in Annex C and to facilitate implementa- 223 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 5—continued tion of subparagraphs (b) to (e).
The action plan shall include the following elements: (i) An evaluation of current and projected releases, includ- ing the development and maintenance of source inven- tories and release estimates, taking into consideration the source categories identified in Annex C; (ii) An evaluation of the efficacy of the laws and policies of the Party relating to the management of such releases; (iii) Strategies to meet the obligations of this paragraph, tak- ing into account the evaluations in (i) and (ii); Steps to promote education and training with regard to, and awareness of, those strategies; (iv) (v) A review every five years of those strategies and of their success in meeting the obligations of this paragraph; such reviews shall be included in reports submitted pur- suant to Article 15; (vi) A schedule for implementation of the action plan, including for the strategies and measures identified therein; Promote the application of available, feasible and practical measures that can expeditiously achieve a realistic and mean- ingful level of release reduction or source elimination; Promote the development and, where it deems appropriate, re- quire the use of substitute or modified materials, products and processes to prevent the formation and release of the chemicals listed in Annex C, taking into consideration the general guid- ance on prevention and release reduction measures in Annex C and guidelines to be adopted by decision of the Conference of the Parties; Promote and, in accordance with the implementation schedule of its action plan, require the use of best available techniques for new sources within source categories which a Party has identified as warranting such action in its action plan, with a particular initial focus on source categories identified in Part II of Annex C. In any case, the requirement to use best available techniques for new sources in the categories listed in Part II of that Annex shall be phased in as soon as practicable but no (b) (c) (d) 224 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Article 5—continued (e) (f) later than four years after the entry into force of the Conven- tion for that Party.
For the identified categories, Parties shall promote the use of best environmental practices.
When apply- ing best available techniques and best environmental practices, Parties should take into consideration the general guidance on prevention and release reduction measures in that Annex and guidelines on best available techniques and best environmen- tal practices to be adopted by decision of the Conference of the Parties; Promote, in accordance with its action plan, the use of best available techniques and best environmental practices: (i) For existing sources, within the source categories listed in Part II of Annex C and within source categories such as those in Part III of that Annex; and For new sources, within source categories such as those listed in Part III of Annex C which a Party has not ad- dressed under subparagraph (d).
(ii) When applying best available techniques and best environ- mental practices, Parties should take into consideration the general guidance on prevention and release reduction meas- ures in Annex C and guidelines on best available techniques and best environmental practices to be adopted by decision of the Conference of the Parties; For the purposes of this paragraph and Annex C: (i) “Best available techniques” means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing in prin- ciple the basis for release limitations designed to pre- vent and, where that is not practicable, generally to re- duce releases of chemicals listed in Part I of Annex C and their impact on the environment as a whole.
In this regard: “Techniques” includes both the technology used and the way in which the installation is designed, built, main- tained, operated and decommissioned; (ii) 225 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 5—continued (iii) (iv) (v) (vi) “Available” techniques means those techniques that are accessible to the operator and that are developed on a scale that allows implementation in the relevant indus- trial sector, under economically and technically viable conditions, taking into consideration the costs and ad- vantages; and “Best” means most effective in achieving a high general level of protection of the environment as a whole; “Best environmental practices” means the application of the most appropriate combination of environmental control measures and strategies; “New source” means any source of which the construc- tion or substantial modification is commenced at least one year after the date of: a.
Entry into force of this Convention for the Party concerned; or Entry into force for the Party concerned of an amendment to Annex C where the source be- comes subject to the provisions of this Conven- tion only by virtue of that amendment.

b.

(g) Release limit values or performance standards may be used by a Party to fulfill its commitments for best available techniques under this paragraph.
Article 6 Measures to reduce or eliminate releases from stockpiles and wastes In order to ensure that stockpiles consisting of or containing chemicals listed either in Annex A or Annex B and wastes, including products and articles upon becoming wastes, con- sisting of, containing or contaminated with a chemical listed in Annex A, B or C, are managed in a manner protective of human health and the environment, each Party shall: Develop appropriate strategies for identifying: (a) (i) Stockpiles consisting of or containing chemicals listed either in Annex A or Annex B; and 1.
226 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Article 6—continued (b) (ii) Products and articles in use and wastes consisting of, containing or contaminated with a chemical listed in Annex A, B or C; Identify, to the extent practicable, stockpiles consisting of or containing chemicals listed either in Annex A or Annex B on the basis of the strategies referred to in subparagraph (a); (c) Manage stockpiles, as appropriate, in a safe, efficient and environmentally sound manner.
Stockpiles of chemicals listed either in Annex A or Annex B, after they are no longer allowed to be used according to any specific exemption specified in Annex A or any specific exemption or acceptable purpose specified in Annex B, except stockpiles which are allowed to be exported according to paragraph 2 of Article 3, shall be deemed to be waste and shall be managed in accordance with subparagraph (d); Take appropriate measures so that such wastes, includ- ing products and articles upon becoming wastes, are: (i) Handled, collected, transported and stored in an environmentally sound manner; (d) (ii) Disposed of in such a way that the persistent organic pollutant content is destroyed or irre- versibly transformed so that they do not exhibit the characteristics of persistent organic pollutants or otherwise disposed of in an environmentally sound manner when destruction or irreversible transformation does not represent the environ- mentally preferable option or the persistent or- ganic pollutant content is low, taking into account international rules, standards, and guidelines, in- cluding those that may be developed pursuant to paragraph 2, and relevant global and regional regimes governing the management of hazardous wastes; (iii) Not permitted to be subjected to disposal oper- ations that may lead to recovery, recycling, recla- 227 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 6—continued mation, direct reuse or alternative uses of persist- ent organic pollutants; and (iv) Not transported across international boundaries without taking into account relevant international rules, standards and guidelines; Endeavour to develop appropriate strategies for identi- fying sites contaminated by chemicals listed in Annex A, B or C; if remediation of those sites is undertaken it shall be performed in an environmentally sound man- ner.
(e) The Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal to, inter alia: (a) Establish levels of destruction and irreversible transfor- mation necessary to ensure that the characteristics of persistent organic pollutants as specified in paragraph 1 of Annex D are not exhibited; (b) Determine what they consider to be the methods that constitute environmentally sound disposal referred to above; and (c) Work to establish, as appropriate, the concentration levels of the chemicals listed in Annexes A, B and C in order to define the low persistent organic pollutant content referred to in paragraph 1(d)(ii).
Article 7 Implementation plans Each Party shall: (a) (b) (c) Develop and endeavour to implement a plan for the im- plementation of its obligations under this Convention; Transmit its implementation plan to the Conference of the Parties within two years of the date on which this Convention enters into force for it; and Review and update, as appropriate, its implementation plan on a periodic basis and in a manner to be specified by a decision of the Conference of the Parties.

2.

1.
2.

1.

228 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA 2.

3.

1.

2.

3.

4.

Article 7—continued The Parties shall, where appropriate, cooperate directly or through global, regional and subregional organizations, and consult their national stakeholders, including women’s groups and groups involved in the health of children, in order to facilitate the development, implementation and updating of their implementation plans.
The Parties shall endeavour to utilize and, where necessary, establish the means to integrate national implementation plans for persistent organic pollutants in their sustainable develop- ment strategies where appropriate.
Article 8 Listing of chemicals in Annexes A, B and C A Party may submit a proposal to the Secretariat for listing a chemical in Annexes A, B and/or C. The proposal shall con- tain the information specified in Annex D. In developing a pro- posal, a Party may be assisted by other Parties and/or by the Secretariat.
The Secretariat shall verify whether the proposal contains the information specified in Annex D. If the Secretariat is satis- fied that the proposal contains the information so specified, it shall forward the proposal to the Persistent Organic Pollutants Review Committee.

The Committee shall examine the proposal and apply the screening criteria specified in Annex D in a flexible and transparent way, taking all information provided into account in an integrative and balanced manner.
If the Committee decides that: (a) It is satisfied that the screening criteria have been ful- filled, it shall, through the Secretariat, make the pro- posal and the evaluation of the Committee available to all Parties and observers and invite them to submit the information specified in Annex E; or It is not satisfied that the screening criteria have been fulfilled, it shall, through the Secretariat, inform all Par- ties and observers and make the proposal and the evalu- (b) 229 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 8—continued 5. ation of the Committee available to all Parties and the proposal shall be set aside.
Any Party may resubmit a proposal to the Committee that has been set aside by the Committee pursuant to paragraph 4.

The resubmission may include any concerns of the Party as well as a justification for additional consideration by the Commit- tee.

If, following this procedure, the Committee again sets the proposal aside, the Party may challenge the decision of the Committee and the Conference of the Parties shall consider the matter at its next session.
The Conference of the Parties may decide, based on the screening criteria in Annex D and taking into account the evaluation of the Committee and any additional information provided by any Party or observer, that the proposal should proceed.

6.
Where the Committee has decided that the screening criteria have been fulfilled, or the Conference of the Parties has de- cided that the proposal should proceed, the Committee shall further review the proposal, taking into account any relevant additional information received, and shall prepare a draft risk profile in accordance with Annex E. It shall, through the Sec- retariat, make that draft available to all Parties and observers, collect technical comments from them and, taking those com- ments into account, complete the risk profile.
If, on the basis of the risk profile conducted in accordance with Annex E, the Committee decides: (a) 7.

That the chemical is likely as a result of its long-range environmental transport to lead to significant adverse human health and/or environmental effects such that global action is warranted, the proposal shall proceed.

Lack of full scientific certainty shall not prevent the pro- posal from proceeding.
The Committee shall, through the Secretariat, invite information from all Parties and observers relating to the considerations specified in An- nex F. It shall then prepare a risk management evalu- ation that includes an analysis of possible control meas- ures for the chemical in accordance with that Annex; or 230 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA 8.

9.

1.
9.

1.

Article 8—continued (b) That the proposal should not proceed, it shall, through the Secretariat, make the risk profile available to all Par- ties and observers and set the proposal aside.

For any proposal set aside pursuant to paragraph 7(b), a Party may request the Conference of the Parties to consider instruct- ing the Committee to invite additional information from the proposing Party and other Parties during a period not to ex- ceed one year.
After that period and on the basis of any infor- mation received, the Committee shall reconsider the proposal pursuant to paragraph 6 with a priority to be decided by the Conference of the Parties.

If, following this procedure, the Committee again sets the proposal aside, the Party may chal- lenge the decision of the Committee and the Conference of the Parties shall consider the matter at its next session.
The Con- ference of the Parties may decide, based on the risk profile pre- pared in accordance with Annex E and taking into account the evaluation of the Committee and any additional information provided by any Party or observer, that the proposal should proceed.

If the Conference of the Parties decides that the pro- posal shall proceed, the Committee shall then prepare the risk management evaluation.
The Committee shall, based on the risk profile referred to in paragraph 6 and the risk management evaluation referred to in paragraph 7(a) or paragraph 8, recommend whether the chem- ical should be considered by the Conference of the Parties for listing in Annexes A, B and/or C. The Conference of the Par- ties, taking due account of the recommendations of the Com- mittee, including any scientific uncertainty, shall decide, in a precautionary manner, whether to list the chemical, and spe- cify its related control measures, in Annexes A, B and/or C. Article 9 Information exchange Each Party shall facilitate or undertake the exchange of infor- mation relevant to: (a) The reduction or elimination of the production, use and release of persistent organic pollutants; and 231 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 9—continued (b) Alternatives to persistent organic pollutants, including information relating to their risks as well as to their eco- nomic and social costs.
The Parties shall exchange the information referred to in para- graph 1 directly or through the Secretariat.

Each Party shall designate a national focal point for the ex- change of such information.

The Secretariat shall serve as a clearing-house mechanism for information on persistent organic pollutants, including infor- mation provided by Parties, intergovernmental organizations and non-governmental organizations.
For the purposes of this Convention, information on health and safety of humans and the environment shall not be regarded as confidential.

Parties that exchange other information pursuant to this Convention shall protect any confidential information as mutually agreed.
(c) (b) Article 10 Public information, awareness and education Each Party shall, within its capabilities, promote and facilitate: Awareness among its policy and decision makers with (a) regard to persistent organic pollutants; Provision to the public of all available information on persistent organic pollutants, taking into account para- graph 5 of Article 9; Development and implementation, especially for women, children and the least educated, of educational and public awareness programmes on persistent organic pollutants, as well as on their health and environmental effects and on their alternatives; Public participation in addressing persistent organic pollutants and their health and environmental effects and in developing adequate responses, including op- portunities for providing input at the national level regarding implementation of this Convention; Training of workers, scientists, educators and technical and managerial personnel; (d) (e) 2.
3.

4.

5.

1.

232 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA 2.

3.

4.

5.

1.

Article 10—continued (f) Development and exchange of educational and public awareness materials at the national and international levels; and (g) Development and implementation of education and training programmes at the national and international levels.
Each Party shall, within its capabilities, ensure that the public has access to the public information referred to in paragraph 1 and that the information is kept up-to-date.

Each Party shall, within its capabilities, encourage industry and professional users to promote and facilitate the provision of the information referred to in paragraph 1 at the national level and, as appropriate, subregional, regional and global levels.
In providing information on persistent organic pollutants and their alternatives, Parties may use safety data sheets, reports, mass media and other means of communication, and may es- tablish information centres at national and regional levels.
Each Party shall give sympathetic consideration to developing mechanisms, such as pollutant release and transfer registers, for the collection and dissemination of information on esti- mates of the annual quantities of the chemicals listed in Annex A, B or C that are released or disposed of.
Article 11 Research, development and monitoring The Parties shall, within their capabilities, at the national and international levels, encourage and/or undertake appropriate research, development, monitoring and cooperation pertaining to persistent organic pollutants and, where relevant, to their alternatives and to candidate persistent organic pollutants, in- cluding on their: (a) (b) Sources and releases into the environment; Presence, levels and trends in humans and the environ- ment; Environmental transport, fate and transformation; Effects on human health and the environment; (c) (d) 233 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 11—continued Socio-economic and cultural impacts; Release reduction and/or elimination; and (e) (f) (g) Harmonized methodologies for making inventories of generating sources and analytical techniques for the measurement of releases.
In undertaking action under paragraph 1, the Parties shall, within their capabilities: (a) (b) (c) Support and further develop, as appropriate, inter- national programmes, networks and organizations aimed at defining, conducting, assessing and financing research, data collection and monitoring, taking into account the need to minimize duplication of effort; Support national and international efforts to strengthen national scientific and technical research capabilities, particularly in developing countries and countries with economies in transition, and to promote access to, and the exchange of, data and analyses; Take into account the concerns and needs, particularly in the field of financial and technical resources, of devel- oping countries and countries with economies in transi- tion and cooperate in improving their capability to par- ticipate in the efforts referred to in subparagraphs (a) and (b); (d) Undertake research work geared towards alleviating the effects of persistent organic pollutants on reproductive health; (e) Make the results of their research, development and monitoring activities referred to in this paragraph ac- cessible to the public on a timely and regular basis; and Encourage and/or undertake cooperation with regard to storage and maintenance of information generated from research, development and monitoring.
(f) Article 12 Technical assistance The Parties recognize that rendering of timely and appropriate technical assistance in response to requests from developing 2.

1.

234 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA 2.

3.

4.

5.

1.

Article 12—continued country Parties and Parties with economies in transition is es- sential to the successful implementation of this Convention.
The Parties shall cooperate to provide timely and appropriate technical assistance to developing country Parties and Parties with economies in transition, to assist them, taking into ac- count their particular needs, to develop and strengthen their capacity to implement their obligations under this Convention.
In this regard, technical assistance to be provided by developed country Parties, and other Parties in accordance with their cap- abilities, shall include, as appropriate and as mutually agreed, technical assistance for capacity-building relating to imple- mentation of the obligations under this Convention.

Further guidance in this regard shall be provided by the Conference of the Parties.
The Parties shall establish, as appropriate, arrangements for the purpose of providing technical assistance and promoting the transfer of technology to developing country Parties and Parties with economies in transition relating to the implemen- tation of this Convention.
These arrangements shall include regional and subregional centres for capacity-building and transfer of technology to assist developing country Parties and Parties with economies in transition to fulfil their obligations under this Convention.

Further guidance in this regard shall be provided by the Conference of the Parties.
The Parties shall, in the context of this Article, take full ac- count of the specific needs and special situation of least de- veloped countries and small island developing states in their actions with regard to technical assistance.
Article 13 Financial resources and mechanisms Each Party undertakes to provide, within its capabilities, fi- nancial support and incentives in respect of those national ac- tivities that are intended to achieve the objective of this Con- vention in accordance with its national plans, priorities and programmes.
235 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 13—continued The developed country Parties shall provide new and addi- tional financial resources to enable developing country Parties and Parties with economies in transition to meet the agreed full incremental costs of implementing measures which fulfill their obligations under this Convention as agreed between a recipient Party and an entity participating in the mechanism described in paragraph 6.
Other Parties may also on a vol- untary basis and in accordance with their capabilities provide such financial resources.

Contributions from other sources should also be encouraged.

The implementation of these com- mitments shall take into account the need for adequacy, pre- dictability, the timely flow of funds and the importance of bur- den sharing among the contributing Parties.
Developed country Parties, and other Parties in accordance with their capabilities and in accordance with their national plans, priorities and programmes, may also provide and devel- oping country Parties and Parties with economies in transition avail themselves of financial resources to assist in their imple- mentation of this Convention through other bilateral, regional and multilateral sources or channels.
The extent to which the developing country Parties will ef- fectively implement their commitments under this Conven- tion will depend on the effective implementation by developed country Parties of their commitments under this Convention relating to financial resources, technical assistance and tech- nology transfer.
The fact that sustainable economic and social development and eradication of poverty are the first and over- riding priorities of the developing country Parties will be taken fully into account, giving due consideration to the need for the protection of human health and the environment.

The Parties shall take full account of the specific needs and special situation of the least developed countries and the small island developing states in their actions with regard to funding.
A mechanism for the provision of adequate and sustainable financial resources to developing country Parties and Parties with economies in transition on a grant or concessional basis to assist in their implementation of the Convention is hereby 2.

3.

4.

5.

6.

236 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Article 13—continued 7. defined.
The mechanism shall function under the authority, as appropriate, and guidance of, and be accountable to the Con- ference of the Parties for the purposes of this Convention.

Its operation shall be entrusted to one or more entities, including existing international entities, as may be decided upon by the Conference of the Parties.

The mechanism may also include other entities providing multilateral, regional and bilateral fi- nancial and technical assistance.
Contributions to the mech- anism shall be additional to other financial transfers to devel- oping country Parties and Parties with economies in transition as reflected in, and in accordance with, paragraph 2.
Pursuant to the objectives of this Convention and paragraph 6, the Conference of the Parties shall at its first meeting adopt appropriate guidance to be provided to the mechanism and shall agree with the entity or entities participating in the fi- nancial mechanism upon arrangements to give effect thereto.
The guidance shall address, inter alia: (a) The determination of the policy, strategy and pro- gramme priorities, as well as clear and detailed criteria and guidelines regarding eligibility for access to and utilization of financial resources including monitoring and evaluation on a regular basis of such utilization; The provision by the entity or entities of regular reports to the Conference of the Parties on adequacy and sus- tainability of funding for activities relevant to the im- plementation of this Convention; The promotion of multiple-source funding approaches, mechanisms and arrangements; The modalities for the determination in a predictable and identifiable manner of the amount of funding neces- sary and available for the implementation of this Con- vention, keeping in mind that the phasing out of per- sistent organic pollutants might require sustained fund- ing, and the conditions under which that amount shall be periodically reviewed; and The modalities for the provision to interested Parties of assistance with needs assessment, information on avail- (b) (c) (d) (e) 237 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 13—continued 8. able sources of funds and on funding patterns in order to facilitate coordination among them.
The Conference of the Parties shall review, not later than its second meeting and thereafter on a regular basis, the effect- iveness of the mechanism established under this Article, its ability to address the changing needs of the developing coun- try Parties and Parties with economies in transition, the criteria and guidance referred to in paragraph 7, the level of funding as well as the effectiveness of the performance of the institu- tional entities entrusted to operate the financial mechanism.
It shall, based on such review, take appropriate action, if neces- sary, to improve the effectiveness of the mechanism, including by means of recommendations and guidance on measures to ensure adequate and sustainable funding to meet the needs of the Parties.
Article 14 Interim financial arrangements The institutional structure of the Global Environment Facility, oper- ated in accordance with the Instrument for the Establishment of the Restructured Global Environment Facility, shall, on an interim basis, be the principal entity entrusted with the operations of the financial mechanism referred to in Article 13, for the period between the date of entry into force of this Convention and the first meeting of the Conference of the Parties, or until such time as the Conference of the Parties decides which institutional structure will be designated in accordance with Article 13.
The institutional structure of the Global Environment Facility should fulfill this function through operational measures related specifically to persistent organic pollutants taking into account that new arrangements for this area may be needed.

Article 15 Reporting 1.


Each Party shall report to the Conference of the Parties on the measures it has taken to implement the provisions of this Con- 238 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Article 15—continued 2.

3.

1.

2. vention and on the effectiveness of such measures in meeting the objectives of the Convention.
Each Party shall provide to the Secretariat: (a) Statistical data on its total quantities of production, im- port and export of each of the chemicals listed in Annex A and Annex B or a reasonable estimate of such data; and To the extent practicable, a list of the States from which it has imported each such substance and the States to which it has exported each such substance.
(b) Such reporting shall be at periodic intervals and in a format to be decided by the Conference of the Parties at its first meeting.

Article 16 Effectiveness evaluation.

Commencing four years after the date of entry into force of this Convention, and periodically thereafter at intervals to be decided by the Conference of the Parties, the Conference shall evaluate the effectiveness of this Convention.
In order to facilitate such evaluation, the Conference of the Parties shall, at its first meeting, initiate the establishment of arrangements to provide itself with comparable monitoring data on the presence of the chemicals listed in Annexes A, B and C as well as their regional and global environmental trans- port.
These arrangements: (a) Should be implemented by the Parties on a regional basis when appropriate, in accordance with their tech- nical and financial capabilities, using existing monitor- ing programmes and mechanisms to the extent possible and promoting harmonization of approaches; (b) May be supplemented where necessary, taking into ac- count the differences between regions and their capabil- ities to implement monitoring activities; and Shall include reports to the Conference of the Parties on the results of the monitoring activities on a regional and global basis at intervals to be specified by the Confer- ence of the Parties.
(c) 239 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 16—continued 3.
The evaluation described in paragraph 1 shall be conducted on the basis of available scientific, environmental, technical and economic information, including: (a) Reports and other monitoring information provided pur- suant to paragraph 2; (b) National reports submitted pursuant to Article 15; and Non-compliance information provided pursuant to the (c) procedures established under Article 17.
Article 17 Non-compliance The Conference of the Parties shall, as soon as practicable, develop and approve procedures and institutional mechanisms for determin- ing non-compliance with the provisions of this Convention and for the treatment of Parties found to be in non-compliance.

Article 18 Settlement of disputes 1.

Parties shall settle any dispute between them concerning the interpretation or application of this Convention through nego- tiation or other peaceful means of their own choice.

2.
When ratifying, accepting, approving or acceding to the Con- vention, or at any time thereafter, a Party that is not a regional economic integration organization may declare in a written instrument submitted to the depositary that, with respect to any dispute concerning the interpretation or application of the Convention, it recognizes one or both of the following means of dispute settlement as compulsory in relation to any Party accepting the same obligation: (a) Arbitration in accordance with procedures to be adopted by the Conference of the Parties in an annex as soon as practicable; Submission of the dispute to the International Court of Justice.
(b) A Party that is a regional economic integration organization may make a declaration with like effect in relation to arbitra- 3.

240 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA 4.

5.

6.

1.

2.

3.

4.

Article 18—continued tion in accordance with the procedure referred to in paragraph 2(a).
A declaration made pursuant to paragraph 2 or paragraph 3 shall remain in force until it expires in accordance with its terms or until three months after written notice of its revoca- tion has been deposited with the depositary.

The expiry of a declaration, a notice of revocation or a new declaration shall not in any way affect proceedings pending before an arbitral tribunal or the International Court of Justice unless the parties to the dispute otherwise agree.
If the parties to a dispute have not accepted the same or any procedure pursuant to paragraph 2, and if they have not been able to settle their dispute within twelve months following no- tification by one party to another that a dispute exists between them, the dispute shall be submitted to a conciliation commis- sion at the request of any party to the dispute.

The concili- ation commission shall render a report with recommendations.
Additional procedures relating to the conciliation commission shall be included in an annex to be adopted by the Conference of the Parties no later than at its second meeting.

Article 19 Conference of the Parties A Conference of the Parties is hereby established.

The first meeting of the Conference of the Parties shall be con- vened by the Executive Director of the United Nations Envir- onment Programme no later than one year after the entry into force of this Convention.
Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be decided by the Conference.

Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party provided that it is supported by at least one third of the Parties.
The Conference of the Parties shall by consensus agree upon and adopt at its first meeting rules of procedure and financial 241 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 19—continued 5.

6. rules for itself and any subsidiary bodies, as well as financial provisions governing the functioning of the Secretariat.

The Conference of the Parties shall keep under continuous re- view and evaluation the implementation of this Convention.
It shall perform the functions assigned to it by the Convention and, to this end, shall: (a) Establish, further to the requirements of paragraph 6, such subsidiary bodies as it considers necessary for the implementation of the Convention; Cooperate, where appropriate, with competent inter- national organizations and intergovernmental and non- governmental bodies; and Regularly review all information made available to the Parties pursuant to Article 15, including consideration of the effectiveness of paragraph 2(b)(iii) of Article 3; Consider and undertake any additional action that may be required for the achievement of the objectives of the Convention.
(b) (c) (d) The Conference of the Parties shall, at its first meeting, es- tablish a subsidiary body to be called the Persistent Organic Pollutants Review Committee for the purposes of performing the functions assigned to that Committee by this Convention.

In this regard: (a) The members of the Persistent Organic Pollutants Re- view Committee shall be appointed by the Conference of the Parties.
Membership of the Committee shall con- sist of government-designated experts in chemical as- sessment or management.

The members of the Com- mittee shall be appointed on the basis of equitable geo- graphical distribution; The Conference of the Parties shall decide on the terms of reference, organization and operation of the Commit- tee; and The Committee shall make every effort to adopt its rec- ommendations by consensus.
If all efforts at consensus have been exhausted, and no consensus reached, such recommendation shall as a last resort be adopted by a (b) (c) 242 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA 7.

8.

1.

2.

Article 19—continued two-thirds majority vote of the members present and voting.
The Conference of the Parties shall, at its third meeting, evalu- ate the continued need for the procedure contained in para- graph 2(b) of Article 3, including consideration of its effect- iveness.

The United Nations, its specialized agencies and the Inter- national Atomic Energy Agency, as well as any State not Party to this Convention, may be represented at meetings of the Conference of the Parties as observers.
Any body or agency, whether national or international, governmental or non-gov- ernmental, qualified in matters covered by the Convention, and which has informed the Secretariat of its wish to be repre- sented at a meeting of the Conference of the Parties as an ob- server may be admitted unless at least one third of the Parties present object.

The admission and participation of observers shall be subject to the rules of procedure adopted by the Con- ference of the Parties.
Article 20 Secretariat A Secretariat is hereby established.
The functions of the Secretariat shall be: (a) To make arrangements for meetings of the Conference of the Parties and its subsidiary bodies and to provide them with services as required; To facilitate assistance to the Parties, particularly de- veloping country Parties and Parties with economies in transition, on request, in the implementation of this Convention; To ensure the necessary coordination with the secretari- ats of other relevant international bodies; To prepare and make available to the Parties periodic reports based on information received pursuant to Art- icle 15 and other available information; To enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual (b) (c) (d) (e) 243 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 20—continued (f) arrangements as may be required for the effective dis- charge of its functions; and To perform the other secretariat functions specified in this Convention and such other functions as may be de- termined by the Conference of the Parties.
The secretariat functions for this Convention shall be per- formed by the Executive Director of the United Nations Environment Programme, unless the Conference of the Par- ties decides, by a three-fourths majority of the Parties present and voting, to entrust the secretariat functions to one or more other international organizations.

Article 21 Amendments to the Convention Amendments to this Convention may be proposed by any Party.
Amendments to this Convention shall be adopted at a meet- ing of the Conference of the Parties.

The text of any proposed amendment shall be communicated to the Parties by the Sec- retariat at least six months before the meeting at which it is proposed for adoption.

The Secretariat shall also communi- cate proposed amendments to the signatories to this Conven- tion and, for information, to the depositary.
The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus.

If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting.

The amendment shall be communicated by the depositary to all Parties for ratification, acceptance or approval.
Ratification, acceptance or approval of an amendment shall be notified to the depositary in writing.

An amendment adopted in accordance with paragraph 3 shall enter into force for the Parties having accepted it on the ninetieth day after the date of deposit of instruments of ratification, acceptance or approval by at least three-fourths of the Parties.

Thereafter, the amend- ment shall enter into force for any other Party on the ninetieth 3.

1.

2.

3.

4.

5.
1.

2.

3.

4.

5.

244 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA 1.

2.

3.

4.

Article 21—continued day after the date on which that Party deposits its instrument of ratification, acceptance or approval of the amendment.
Article 22 Adoption and amendment of annexes Annexes to this Convention shall form an integral part thereof and, unless expressly provided otherwise, a reference to this Convention constitutes at the same time a reference to any annexes thereto.

Any additional annexes shall be restricted to procedural, sci- entific, technical or administrative matters.
The following procedure shall apply to the proposal, adoption and entry into force of additional annexes to this Convention: Additional annexes shall be proposed and adopted ac- (a) cording to the procedure laid down in paragraphs 1, 2 and 3 of Article 21; (b) Any Party that is unable to accept an additional annex shall so notify the depositary, in writing, within one year from the date of communication by the depositary of the adoption of the additional annex.
The depositary shall without delay notify all Parties of any such notification received.
A Party may at any time withdraw a previous notification of non-acceptance in respect of any addi- tional annex, and the annex shall thereupon enter into force for that Party subject to subparagraph (c); and On the expiry of one year from the date of the communi- cation by the depositary of the adoption of an additional annex, the annex shall enter into force for all Parties that have not submitted a notification in accordance with the provisions of subparagraph (b).
(c) The proposal, adoption and entry into force of amendments to Annex A, B or C shall be subject to the same procedures as for the proposal, adoption and entry into force of additional annexes to this Convention, except that an amendment to An- nex A, B or C shall not enter into force with respect to any Party that has made a declaration with respect to amendment to those Annexes in accordance with paragraph 4 of Article 25, 245 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 22—continued 5.
6.

1.

2. in which case any such amendment shall enter into force for such a Party on the ninetieth day after the date of deposit with the depositary of its instrument of ratification, acceptance, ap- proval or accession with respect to such amendment.
The following procedure shall apply to the proposal, adoption and entry into force of an amendment to Annex D, E or F: (a) Amendments shall be proposed according to the pro- cedure in paragraphs 1 and 2 of Article 21; The Parties shall take decisions on an amendment to Annex D, E or F by consensus; and A decision to amend Annex D, E or F shall forthwith be communicated to the Parties by the depositary.

The amendment shall enter into force for all Parties on a date to be specified in the decision.
(b) (c) If an additional annex or an amendment to an annex is related to an amendment to this Convention, the additional annex or amendment shall not enter into force until such time as the amendment to the Convention enters into force.

Article 23 Right to vote Each Party to this Convention shall have one vote, except as provided for in paragraph 2.
A regional economic integration organization, on matters within its competence, shall exercise its right to vote with a number of votes equal to the number of its member States that are Parties to this Convention.

Such an organization shall not exercise its right to vote if any of its member States exercises its right to vote, and vice versa.
Article 24 Signature This Convention shall be open for signature at Stockholm by all States and regional economic integration organizations on 23 May 2001, and at the United Nations Headquarters in New York from 24 May 2001 to 22 May 2002.
246 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Article 25 Ratification, acceptance, approval or accession This Convention shall be subject to ratification, acceptance or approval by States and by regional economic integration organizations.

It shall be open for accession by States and by regional economic integration organizations from the day after the date on which the Convention is closed for signature.
Instruments of ratification, acceptance, approval or accession shall be deposited with the depositary.

Any regional economic integration organization that becomes a Party to this Convention without any of its member States being a Party shall be bound by all the obligations under the Convention.
In the case of such organizations, one or more of whose member States is a Party to this Convention, the organ- ization and its member States shall decide on their respective responsibilities for the performance of their obligations under the Convention.

In such cases, the organization and the mem- ber States shall not be entitled to exercise rights under the Con- vention concurrently.
In its instrument of ratification, acceptance, approval or ac- cession, a regional economic integration organization shall de- clare the extent of its competence in respect of the matters gov- erned by this Convention.

Any such organization shall also inform the depositary, who shall in turn inform the Parties, of any relevant modification in the extent of its competence.
In its instrument of ratification, acceptance, approval or acces- sion, any Party may declare that, with respect to it, any amend- ment to Annex A, B or C shall enter into force only upon the deposit of its instrument of ratification, acceptance, approval or accession with respect thereto.

Article 26 Entry into force This Convention shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession.

1.

2.

3.

4.

1.
1.

2.

3.

4.

1.

247 Schedule 1AA Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Article 26—continued 2.

3.
3.

For each State or regional economic integration organization that ratifies, accepts or approves this Convention or accedes thereto after the deposit of the fiftieth instrument of ratifica- tion, acceptance, approval or accession, the Convention shall enter into force on the ninetieth day after the date of deposit by such State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession.
For the purpose of paragraphs 1 and 2, any instrument de- posited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that organization.

Article 27 Reservations No reservations may be made to this Convention.

Article 28 Withdrawal 1.

2.


At any time after three years from the date on which this Con- vention has entered into force for a Party, that Party may with- draw from the Convention by giving written notification to the depositary.

Any such withdrawal shall take effect upon the expiry of one year from the date of receipt by the depositary of the notifica- tion of withdrawal, or on such later date as may be specified in the notification of withdrawal.
Article 29 Depositary The Secretary-General of the United Nations shall be the depositary of this Convention.

248 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1AA Article 30 Authentic texts The original of this Convention, of which the Arabic, Chinese, En- glish, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention.

Done at Stockholm on this twenty-second day of May, two thousand and one.
249 Annex A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Annex A Elimination Part I Chemical Activity Specific exemption Aldrin* CAS No: 309-00-2 Production None Use Local ectoparasiticide Insecticide Chlordane* CAS No: 57-74-9 Production As allowed for the Parties listed in the Register Dieldrin* CAS No: 60-57-1 Endrin* CAS No: 72-20-8 Heptachlor* CAS No: 76-44-8 Use Local ectoparasiticide Insecticide Termiticide Termiticide in buildings and dams Termiticide in roads Additive in plywood adhesives Production None Use In agricultural operations Production None Use None Production None Use Termiticide Termiticide in structures of houses Termiticide (subterranean) Wood treatment In use in underground cable boxes Hexachlorobenzene CAS No: 118-74-1 Production As allowed for the Parties listed in the Register Use Intermediate Solvent in pesticide Closed system site limited intermediate Mirex* CAS No: 2385-85-5 Production As allowed for the Parties listed in the Register Use Termiticide 250 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex A Toxaphene* CAS No: 8001-35-2 Polychlorinated Biphenyls (PCB)* Production None Use None Production None Use Articles in use in accordance with the provisions of Part II of this Annex Notes: (i) (ii) Except as otherwise specified in this Convention, quantities of a chemical occurring as unintentional trace contaminants in products and articles shall not be considered to be listed in this Annex; This note shall not be considered as a production and use specific exemption for purposes of paragraph 2 of Article 3.
Quantities of a chemical occurring as constituents of articles manufactured or already in use before or on the date of entry into force of the relevant obligation with respect to that chem- ical, shall not be considered as listed in this Annex, provided that a Party has notified the Secretariat that a particular type of article remains in use within that Party.
The Secretariat shall make such notifications publicly available; (iii) This note, which does not apply to a chemical that has an aster- isk following its name in the Chemical column in Part I of this Annex, shall not be considered as a production and use specific exemption for purposes of paragraph 2 of Article 3.
Given that no significant quantities of the chemical are expected to reach humans and the environment during the production and use of a closed-system site-limited intermediate, a Party, upon notifi- cation to the Secretariat, may allow the production and use of quantities of a chemical listed in this Annex as a closed-sys- tem site-limited intermediate that is chemically transformed in the manufacture of other chemicals that, taking into consider- ation the criteria in paragraph 1 of Annex D, do not exhibit the characteristics of persistent organic pollutants.
This noti- fication shall include information on total production and use of such chemical or a reasonable estimate of such informa- tion and information regarding the nature of the closed-system site-limited process including the amount of any non-trans- formed and unintentional trace contamination of the persistent 251 Annex A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 organic pollutant-starting material in the final product.
This procedure applies except as otherwise specified in this Annex.

The Secretariat shall make such notifications available to the Conference of the Parties and to the public.

Such production or use shall not be considered a production or use specific ex- emption.
Such production and use shall cease after a ten-year period, unless the Party concerned submits a new notification to the Secretariat, in which case the period will be extended for an additional ten years unless the Conference of the Par- ties, after a review of the production and use decides other- wise.
The notification procedure can be repeated; (iv) All the specific exemptions in this Annex may be exercised by Parties that have registered exemptions in respect of them in accordance with Article 4 with the exception of the use of polychlorinated biphenyls in articles in use in accordance with the provisions of Part II of this Annex, which may be exercised by all Parties.
Part II Polychlorinated biphenyls Each Party shall: (a) With regard to the elimination of the use of polychlorinated biphenyls in equipment (e.g.
transformers, capacitors or other receptacles containing liquid stocks) by 2025, subject to re- view by the Conference of the Parties, take action in accord- ance with the following priorities: (i) Make determined efforts to identify, label and remove from use equipment containing greater than 10 per cent polychlorinated biphenyls and volumes greater than 5 litres; (ii) Make determined efforts to identify, label and remove from use equipment containing greater than 0.05 per cent polychlorinated biphenyls and volumes greater than 5 litres; (iii) Endeavour to identify and remove from use equipment containing greater than 0.005 percent polychlorinated biphenyls and volumes greater than 0.05 litres; 252 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex A Part II—continued (b) Consistent with the priorities in subparagraph (a), promote the following measures to reduce exposures and risk to control the use of polychlorinated biphenyls: (i) Use only in intact and non-leaking equipment and only in areas where the risk from environmental release can be minimised and quickly remedied; (ii) Not use in equipment in areas associated with the pro- duction or processing of food or feed; (iii) When used in populated areas, including schools and hospitals, all reasonable measures to protect from elec- trical failure which could result in a fire, and regular inspection of equipment for leaks; (c) (d) Notwithstanding paragraph 2 of Article 3, ensure that equip- ment containing polychlorinated
 biphenyls, as described in subparagraph (a), shall not be exported or imported except for the purpose of environmentally sound waste management; Except for maintenance and servicing operations, not allow recovery for the purpose of reuse in other equipment of liquids with polychlorinated biphenyls content above 0.005 per cent; (e) Make determined efforts designed to lead to environmentally sound waste management of liquids containing polychlori- nated biphenyls and equipment contaminated with polychlo- rinated biphenyls having a polychlorinated biphenyls content above 0.005 per cent, in accordance with paragraph 1 of Article 6, as soon as possible but no later than 2028, subject to review by the Conference of the Parties; In lieu of note (ii) in Part I of this Annex, endeavour to identify other articles containing more than 0.005 per cent polychlori- nated biphenyls (e.g.
cable-sheaths, cured caulk and painted objects) and manage them in accordance with paragraph 1 of Article 6; Provide a report every five years on progress in eliminating polychlorinated biphenyls and submit it to the Conference of the Parties pursuant to Article 15; The reports described in subparagraph (g) shall, as appropri- ate, be considered by the Conference of the Parties in its re- views relating to polychlorinated biphenyls.
The Conference (g) (h) (f) 253 Annex A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part II—continued of the Parties shall review progress towards elimination of polychlorinated biphenyls at five year intervals or other period, as appropriate, taking into account such reports.
254 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex B Annex B Restriction Part I Chemical DDT (1,1,1-trichloro-2,2-bis(4- chlorophenyl)ethane) CAS No: 50-29-3 Activity Production Acceptable purpose or specific exemption Acceptable purpose: Disease vector control use in accord- ance with Part II of this Annex Specific exemption: Intermediate in production of dicofol Intermediate Use Acceptable purpose: Disease vector control in accordance with Part II of this Annex Specific exemption: Production of dicofol Intermediate Notes: (i) (ii) Except as otherwise specified in this Convention, quantities of a chemical occurring as unintentional trace contaminants in products and articles shall not be considered to be listed in this Annex; This note shall not be considered as a production and use ac- ceptable purpose or specific exemption for purposes of para- graph 2 of Article 3.
Quantities of a chemical occurring as constituents of articles manufactured or already in use before or on the date of entry into force of the relevant obligation with respect to that chemical, shall not be considered as listed in this Annex, provided that a Party has notified the Secretariat that a particular type of article remains in use within that Party.
The Secretariat shall make such notifications publicly available; (iii) This note shall not be considered as a production and use specific exemption for purposes of paragraph 2 of Article 3.
Given that no significant quantities of the chemical are ex- pected to reach humans and the environment during the pro- duction and use of a closed-system site-limited intermediate, a Party, upon notification to the Secretariat, may allow the pro- 255 Annex B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 duction and use of quantities of a chemical listed in this An- nex as a closed-system site-limited intermediate that is chem- ically transformed in the manufacture of other chemicals that, taking into consideration the criteria in paragraph 1 of Annex D, do not exhibit the characteristics of persistent organic pol- lutants.
This notification shall include information on total production and use of such chemical or a reasonable estimate of such information and information regarding the nature of the closed-system site-limited process including the amount of any non-transformed and unintentional trace contamination of the persistent organic pollutant-starting material in the final product.

This procedure applies except as otherwise specified in this Annex.
The Secretariat shall make such notifications available to the Conference of the Parties and to the public.

Such production or use shall not be considered a production or use specific exemption.

Such production and use shall cease after a ten-year period, unless the Party concerned submits a new notification to the Secretariat, in which case the period will be extended for an additional ten years unless the Con- ference of the Parties, after a review of the production and use decides otherwise.
The notification procedure can be repeated; (iv) All the specific exemptions in this Annex may be exercised by Parties that have registered in respect of them in accordance with Article 4.

Part II DDT (1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane) The production and use of DDT shall be eliminated except for Parties that have notified the Secretariat of their intention to produce and/or use it.

A DDT Register is hereby established and shall be available to the public.
The Secretariat shall main- tain the DDT Register.

Each Party that produces and/or uses DDT shall restrict such production and/or use for disease vector control in accord- ance with the World Health Organization recommendations and guidelines on the use of DDT and when locally safe, ef- fective and affordable alternatives are not available to the Party in question.

1.

2.

256 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex B Part II—continued 3.

4.
4.

In the event that a Party not listed in the DDT Register deter- mines that it requires DDT for disease vector control, it shall notify the Secretariat as soon as possible in order to have its name added forthwith to the DDT Register.

It shall at the same time notify the World Health Organization.
Every three years, each Party that uses DDT shall provide to the Secretariat and the World Health Organization information on the amount used, the conditions of such use and its rele- vance to that Party’s disease management strategy, in a format to be decided by the Conference of the Parties in consultation with the World Health Organization.

5.
5.

With the goal of reducing and ultimately eliminating the use of DDT, the Conference of the Parties shall encourage: (a) Each Party using DDT to develop and implement an action plan as part of the implementation plan specified in Article 7.
That action plan shall include: (i) (ii) Development of regulatory and other mechan- isms to ensure that DDT use is restricted to dis- ease vector control; Implementation of suitable alternative products, including resistance methods and strategies, management strategies to ensure the continuing effectiveness of these alternatives; (b) (iii) Measures to strengthen health care and to reduce the incidence of the disease.
The Parties, within their capabilities, to promote re- search and development of safe alternative chemical and non-chemical products, methods and strategies for Parties using DDT, relevant to the conditions of those countries and with the goal of decreasing the human and economic burden of disease.

Factors to be pro- moted when considering alternatives or combinations of alternatives shall include the human health risks and environmental implications of such alternatives.
Vi- able alternatives to DDT shall pose less risk to human health and the environment, be suitable for disease con- 257 Annex B Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part II—continued trol based on conditions in the Parties in question and be supported with monitoring data.
Commencing at its first meeting, and at least every three years thereafter, the Conference of the Parties shall, in consultation with the World Health Organization, evaluate the continued need for DDT for disease vector control on the basis of avail- able scientific, technical, environmental and economic infor- mation, including: (a) The production and use of DDT and the conditions set out in paragraph 2; The availability, suitability and implementation of the alternatives to DDT; and Progress in strengthening the capacity of countries to transfer safely to reliance on such alternatives.
A Party may, at any time, withdraw its name from the DDT Registry upon written notification to the Secretariat.

The with- drawal shall take effect on the date specified in the notification.

(b) (c) 6.

7.
258 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex C Annex C Unintentional production Part I Persistent organic pollutants subject to the requirements of Article 5 This Annex applies to the following persistent organic pollutants when formed and released unintentionally from anthropogenic sources: Chemical Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF) Hexachlorobenzene (HCB) (CAS No: 118-74-1) Polychlorinated biphenyls (PCB) Part II Source categories and dibenzofurans, dibenzo-p-dioxins hex- Polychlorinated achlorobenzene and polychlorinated biphenyls are unintentionally formed and released from thermal processes involving organic matter and chlorine as a result of incomplete combustion or chem- ical reactions.
The following industrial source categories have the potential for comparatively high formation and release of these chemicals to the environment: (a) Waste incinerators, including co-incinerators of municipal, (b) (c) (d) hazardous or medical waste or of sewage sludge; Cement kilns firing hazardous waste; Production of pulp using elemental chlorine or chemicals gen- erating elemental chlorine for bleaching; The following thermal processes in the metallurgical industry: (i) (ii) (iii) Secondary aluminium production; Secondary zinc production.
(iv) Secondary copper production; Sinter plants in the iron and steel industry; 259 Annex C Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part III Source categories and (c) (d) (e) (f) dibenzofurans, dibenzo-p-dioxins Polychlorinated hex- achlorobenzene and polychlorinated biphenyls may also be uninten- tionally formed and released from the following source categories, including: (a) (b) Open burning of waste, including burning of landfill sites; Thermal processes in the metallurgical industry not mentioned in Part II; Residential combustion sources; Fossil fuel-fired utility and industrial boilers; Firing installations for wood and other biomass fuels; Specific chemical production processes releasing unintention- ally formed persistent organic pollutants, especially produc- tion of chlorophenols and chloranil; Crematoria; (g) (h) Motor vehicles, particularly those burning leaded gasoline; (i) (j) Destruction of animal carcasses; Textile and leather dyeing (with chloranil) and finishing (with alkaline extraction); Shredder plants for the treatment of end of life vehicles; Smouldering of copper cables; (k) (l) (m) Waste oil refineries.
Part IV Definitions For the purposes of this Annex: (a) “Polychlorinated biphenyls” means aromatic com- pounds formed in such a manner that the hydrogen atoms on the biphenyl molecule (two benzene rings bonded together by a single carbon-carbon bond) may be replaced by up to ten chlorine atoms; and “Polychlorinated dibenzo-p-dioxins” and “polychlori- nated dibenzofurans” are tricyclic, aromatic compounds formed by two benzene rings connected by two oxygen atoms in polychlorinated dibenzo-p-dioxins and by one oxygen atom and one carbon-carbon bond in polychlo- (b) 1.
260 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex C Part IV—continued 2. rinated dibenzofurans and the hydrogen atoms of which may be replaced by up to eight chlorine atoms.
In this Annex, the toxicity of polychlorinated dibenzo-p-diox- ins and dibenzofurans is expressed using the concept of toxic equivalency which measures the relative dioxin-like toxic activity of different congeners of polychlorinated dibenzo-p-dioxins and dibenzofurans and coplanar poly- chlorinated biphenyls in comparison to 2,3,7,8-tetra- chlorodibenzo-p-dioxin.
The toxic equivalent factor values to be used for the purposes of this Convention shall be consistent with accepted international standards, commencing with the World Health Organization 1998 mammalian toxic equiva- lent factor values for polychlorinated dibenzo-p-dioxins and dibenzofurans and coplanar polychlorinated biphenyls.

Con- centrations are expressed in toxic equivalents.
Part V General guidance on best available techniques and best environmental practices This Part provides general guidance to Parties on preventing or re- ducing releases of the chemicals listed in Part I. A.—General prevention measures relating to both best available techniques and best environmental practices Priority should be given to the consideration of approaches to prevent the formation and release of the chemicals listed in Part I.
Useful measures could include: (a) (b) (c) The use of low-waste technology; The use of less hazardous substances; The promotion of the recovery and recycling of waste and of substances generated and used in a process; Replacement of feed materials which are persistent organic pollutants or where there is a direct link between the materials and releases of persistent organic pollutants from the source; Good housekeeping and preventive maintenance programmes; (d) (e) 261 Annex C Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part V—continued A.—continued (f) Improvements in waste management with the aim of the ces- sation of open and other uncontrolled burning of wastes, in- cluding the burning of landfill sites.
When considering pro- posals to construct new waste disposal facilities, consideration should be given to alternatives such as activities to minimize the generation of municipal and medical waste, including re- source recovery, reuse, recycling, waste separation and pro- moting products that generate less waste.
Under this approach, public health concerns should be carefully considered; (g) Minimization of these chemicals as contaminants in products; (h) Avoiding elemental chlorine or chemicals generating elemen- tal chlorine for bleaching.
B.—Best available techniques The concept of best available techniques is not aimed at the prescrip- tion of any specific technique or technology, but at taking into ac- count the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.

Ap- propriate control techniques to reduce releases of the chemicals listed in Part I are in general the same.
In determining best available tech- niques, special consideration should be given, generally or in specific cases, to the following factors, bearing in mind the likely costs and benefits of a measure and consideration of precaution and prevention: (a) General considerations: (i) The nature, effects and mass of the releases concerned: techniques may vary depending on source size; The commissioning dates for new or existing installa- tions; (ii) (iii) The time needed to introduce the best available tech- nique; (iv) The consumption and nature of raw materials used in (v) the process and its energy efficiency; The need to prevent or reduce to a minimum the overall impact of the releases to the environment and the risks to it; 262 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex C Part V—continued B.—continued (vi) The need to prevent accidents and to minimize their consequences for the environment; (vii) The need to ensure occupational health and safety at workplaces; (viii) Comparable processes, facilities or methods of oper- ation which have been tried with success on an indus- trial scale; (ix) Technological advances and changes in scientific know- ledge and understanding.
(b) General release reduction measures: When considering pro- posals to construct new facilities or significantly modify exist- ing facilities using processes that release chemicals listed in this Annex, priority consideration should be given to alterna- tive processes, techniques or practices that have similar useful- ness but which avoid the formation and release of such chem- icals.
In cases where such facilities will be constructed or sig- nificantly modified, in addition to the prevention measures out- lined in section A of Part V the following reduction measures could also be considered in determining best available tech- niques: (i) Use of improved methods for flue-gas cleaning such as thermal or catalytic oxidation, dust precipitation, or adsorption; Treatment of residuals, wastewater, wastes and sewage sludge by, for example, thermal treatment or rendering them inert or chemical processes that detoxify them; (ii) (iii) Process changes that lead to the reduction or elimination of releases, such as moving to closed systems; (iv) Modification of process designs to improve combustion and prevent formation of the chemicals listed in this An- nex, through the control of parameters such as inciner- ation temperature or residence time.
263 Annex C Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part V—continued C.—Best environmental practices The Conference of the Parties may develop guidance with regard to best environmental practices.

264 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex D Annex D Information requirements and screening criteria 1.
A Party submitting a proposal to list a chemical in Annexes A, B and/or C shall identify the chemical in the manner described in subparagraph (a) and provide the information on the chem- ical, and its transformation products where relevant, relating to the screening criteria set out in subparagraphs (b) to (e): (a) Chemical identity: (i) Persistence: (i) Names, including trade name or names, com- mercial name or names and synonyms, Chemical Abstracts Service (CAS) Registry number, Inter- national Union of Pure and Applied Chemistry (IUPAC) name; and including specification of isomers, Structure, where applicable, and the structure of the chem- ical class; Evidence that the half-life of the chemical in water is greater than two months, or that its half- life in soil is greater than six months, or that its half-life in sediment is greater than six months; or Evidence that the chemical is otherwise suf- ficiently persistent to justify its consideration within the scope of this Convention; Evidence that the bio-concentration factor or bio- accumulation factor in aquatic species for the chemical is greater than 5,000 or, in the absence of such data, that the log Kow is greater than 5; Evidence that a chemical presents other reasons for concern, such as high bio-accumulation in other species, high toxicity or ecotoxicity; or Bio-accumulation: (i) (b) (c) (ii) (ii) (ii) (iii) Monitoring data in biota indicating that the bio- accumulation potential of the chemical is suffi- cient to justify its consideration within the
 scope of this Convention; (d) Potential for long-range environmental transport: 265 Annex D Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 (i) Measured levels of the chemical in locations dis- tant from the sources of its release that are of po- tential concern; (ii) Monitoring data showing that long-range envir- onmental transport of the chemical, with the po- tential for transfer to a receiving environment, may have occurred via air, water or migratory species; or (iii) Environmental fate properties and/or model re- sults that demonstrate that the chemical has a potential for long-range environmental transport through air, water or migratory species, with the potential for transfer to a receiving environment in locations distant from the sources of its re- lease.
For a chemical that migrates significantly its half-life in air should be through the air, greater than two days; and (e) Adverse effects: (i) Evidence of adverse effects to human health or to the environment that justifies consideration of the chemical within the scope of this Convention; or Toxicity or ecotoxicity data that indicate the po- tential for damage to human health or to the en- vironment.
(ii) The proposing Party shall provide a statement of the reasons for concern including, where possible, a comparison of toxi- city or ecotoxicity data with detected or predicted levels of a chemical resulting or anticipated from its long-range environ- mental transport, and a short statement indicating the need for global control.
The proposing Party shall, to the extent possible and taking into account its capabilities, provide additional information to support the review of the proposal referred to in paragraph 6 of Article 8.

In developing such a proposal, a Party may draw on technical expertise from any source.

2.

3.
2.

3.

266 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex E Annex E Information requirements for the risk profile The purpose of the review is to evaluate whether the chemical is likely, as a result of its long-range environmental transport, to lead to significant adverse human health and/or environmental effects, such that global action is warranted.
For this purpose, a risk profile shall be developed that further elaborates on, and evaluates, the information referred to in Annex D and includes, as far as possible, the following types of information: (a) Production data, including quantity and location; Sources, including as appropriate: (i) (ii) Uses; and (iii) Releases, such as discharges, losses and emissions; (c) (b) Hazard assessment for the endpoint or endpoints of concern, including a consideration of toxicological interactions involv- ing multiple chemicals; Environmental fate, including data and information on the chemical and physical properties of a chemical as well as its persistence and how they are linked to its environmental transport, transfer within and between environmental com- partments, degradation and transformation to other chemicals.
A determination of the bio-concentration factor or bio-accu- mulation factor, based on measured values, shall be available, except when monitoring data are judged to meet this need; (d) Monitoring data; (e) Exposure in local areas and, in particular, as a result of long- range environmental transport, and including information re- garding bio-availability; National and international risk evaluations, assessments or profiles and labelling information and hazard classifications, as available; and Status of the chemical under international conventions.
(f) (g) 267 Annex F Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Annex F Information on socio-economic considerations An evaluation should be undertaken regarding possible control meas- ures for chemicals under consideration for inclusion in this Conven- tion, encompassing the full range of options, including management and elimination.
For this purpose, relevant information should be provided relating to socio-economic considerations associated with possible control measures to enable a decision to be taken by the Conference of the Parties.
Such information should reflect due re- gard for the differing capabilities and conditions among the Parties and should include consideration of the following indicative list of items: (a) Efficacy and efficiency of possible control measures in meet- ing risk reduction goals: (i) (ii) Technical feasibility; and Costs, including environmental and health costs; (b) Alternatives (products and processes): Technical feasibility; Costs, including environmental and health costs; (i) (ii) (iii) Efficacy; (iv) Risk; (v) Availability; and (vi) Accessibility; Positive and/or negative impacts on society of implementing possible control measures: (i) Health, including public, environmental and occupa- tional health; (c) (ii) Agriculture, including aquaculture and forestry; (iii) Biota (biodiversity); (iv) Economic aspects; (v) Movement towards sustainable development; and (vi) Social costs; (d) Waste and disposal implications (in particular, obsolete stocks Technical feasibility; and Cost; of pesticides and clean-up of contaminated sites): (i) (ii) Access to information and public education; Status of control and monitoring capacity; and (e) (f) 268 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Annex F (g) Any national or regional control actions taken, including in- formation on alternatives, and other relevant risk management information.
269 Schedule 1 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Schedule 1 Provisions relating to Environmental Risk Management Authority Membership [Repealed] s 18 Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 1: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 2: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 3: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 4: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 5: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 6: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 7: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 8: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Remuneration and expenses of Authority members [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 9: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
270 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1 Meetings [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 10: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 11: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 12: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 13: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 14: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 15: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 16: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Disclosure of interest [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 17: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 18: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 19: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

10 271 Schedule 1 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 [Repealed] Schedule 1 clause 20: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 21: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 22: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 23: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Execution of documents [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 24: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 25: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 26: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Powers to borrow, etc [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 27: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Chief executive The Authority shall appoint a chief executive, who shall not be a member of the Authority, to be responsible for the efficient and effective administration of the affairs of the Authority.

20 26 27 28 272 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1 29 30 31 32 33 34 35 Schedule 1 clause 28: amended, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Section 117 of the Crown Entities Act 2004 applies to the ap- pointment of a chief executive under clause 28.

Schedule 1 clause 29: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Appointment of staff [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 30: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 31: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 32: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Liability of members and employees [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 33: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Personnel policy [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 34: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 35: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
273 Schedule 1 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 36 37 38 39 40 41 42 [Repealed] Schedule 1 clause 36: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Superannuation or retiring allowances [Repealed] Schedule 1 clause 37: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Notwithstanding anything in this Act, a person who, immedi- ately before becoming an employee of the Authority, is a con- tributor to the Government Superannuation Fund under Part 2 or Part 2A of the Government Superannuation Fund Act 1956 shall, for the purposes of that Act, be deemed to be employed in the Government service so long as that person continues to be an employee of the Authority; and that Act shall apply to that person in all respects as if that person’s service as an em- ployee of the Authority is Government service.
Nothing in clause 38 entitles any person to become a contribu- tor to the Government Superannuation Fund after that person has once ceased to be a contributor.

For the purposes of applying the Government Superannuation Fund Act 1956, in accordance with clause 38, to an employee of the Authority who is a contributor to the Government Super- annuation Fund, the term controlling authority, in relation to that employee, means the Authority.
[Repealed] Schedule 1 clause 41: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Consultants, agents, etc [Repealed] Schedule 1 clause 42: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

43(1) The Authority may, from time to time, appoint a committee to hear and determine any application delegated to the committee under section 19.
(2) Any committee appointed under this clause may consist of— 274 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 1 (a) members of the Authority and other persons with par- ticular knowledge and expertise on the subject matter of the application; or (b) members of the Authority.

The majority of members of a committee appointed in accord- ance with subclause (2)(a) shall be members of the Authority.
Subclause (3) applies despite clause 14(1)(b) of Schedule 5 of the Crown Entities Act 2004.

For the avoidance of doubt, except as provided in subclause (4), clauses 14 and 15 of Schedule 5 of the Crown Entities Act 2004 apply to a committee appointed for the purposes of this section.

Schedule 1 clause 43(4): substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
Schedule 1 clause 43(5): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 44: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

Funding [Repealed] Heading: repealed, on 25 January 2005, pursuant to section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 45: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
[Repealed] Schedule 1 clause 46: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

[Repealed] Schedule 1 clause 47: repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).
(3) (4) (5) 44 45 46 47 275 Schedule 2 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Schedule 2 Prohibited new organisms ss 25(2), 50(1)–(4) Schedule 2: substituted, on 30 October 2003, by section 54 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Any snake of any species whatever.

Any venomous reptile, venomous amphibian, venomous fish, or venomous invertebrate.
(In this item, venomous means capable of inflicting poisonous wounds harmful to human health.)

Any American grey squirrel (Sciurus carolinensis gmelini).

Any red squirrel (Sciurus vulgaris).

Any musquash (or muskrat) (Ondatra zibethica).

Any coypu or nutria (Myocastor coypus).

Any beaver (Castor canadensis).

Any gerbil (Meriones unguiculatus).

Any prairie dog (Cyonomys spp).

Any pocket gopher (Geomys spp and Thomomys spp).

Any red or silver fox (Vulpes vulpes).

Any Arctic fox (Alopex lagopus).


Any mongoose (family Herpestidae) other than Suricata suri- catta.

Any member of the family Mustelidae, subfamily Mustelinae, other than ferrets (Mustela furo), weasels (Mustela nivalis), and stoats (Mustela erminea), and subfamily Lutrinae, other than oriental small clawed otter (Aonyx cineria).

Any mole (family Talpidae).

Any member of the family Esocidae (eg, pikes, muskellunge).
Any member of the families Phalangeridae and Petauridae, other than the Australian brushtail possum (Trichosurus vulpecula).

Any stickleback (Gasterosteus spp).

Any giant African snail (Achatina spp).

Any predatory snail (Euglandina rosea).

Any cane toad (Bufo marinus).

Negro root (Cassia occidentalis).

Skeleton weed (Chondrilla juncea).

Cymbopogon schoenanthus.

Cynanchum (all species), eg, Indian swallowart.

Hairy thorn apple (Datura metel).


1 26 276 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 2 27 28 29 30 31 32 Ephedra sinica.

Leafy spurge (Euphorbia esula).

Star of Bethlehem, Pua-hoku (Hippobroma longiflora).

Poverty weed (Iva axillaris).


Any member of the family Loranthaceae (eg mistletoe), other than Alepis flavida, Lleostylus micranthus, Peraxilla colensoi, Peraxilla tetrapetala, Trilepidea adamsii, and Tupeia antarc- tica.

Any member of the genus Korthalsella other than Ko- rthalsella clavata, Korthalsella lindsayi, and Korthalsella salicornioides.

Butterbur (Petasites hybridus).

33 34 Witchweed (all species) (Striga).

35 36 37 Strychnine (Strychnos nux-vomica).

Tourrettia volubilis.


Puncture vine (Tribulus terrestris).

277 Schedule 2A Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Schedule 2A Persistent organic pollutants s 2(1) Schedule 2A: inserted, on 23 December 2004, by section 19 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).
Use or storage Manu- facture Expiry of permitted use or storage Substance Aldrin CAS No: 309-00-2 Chlordane CAS No: 57-74-9 Dieldrin CAS No: 60-57-1 Endrin CAS No: 72-20-8 Heptachlor CAS No: 76-44-8 Hexachlorobenzene CAS No: 118-74-1 Mirex CAS No: 2385-85-5 Toxaphene CAS No: 8001-35-2 Polychlorinated Biphenyls (PCB) (b) DDT (1,1,1- trichloro-2,2-bis(4- chlorophenyl)ethane) CAS No: 50-29-3 278 in accordance with an ex- emption— (a) granted under regu- lation 49I or regula- tion 49J of the Toxic Substances Regula- tions 1983; and that is in force im- mediately before the commencement the Hazardous of and Substances New Organisms (Stockholm Convention) Amendment 2003 Act (b) at the expiry of— the exemp- (a) tion; or an exten- sion of the of expiry the exemp- (be- tion not ing than later close the of 2016) granted by the Au- thority Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 3 Schedule 3 ss 32(2), 42(2), 45(2) Part 1 Matters to be addressed by containment controls for importing, developing, or field testing of genetically modified organisms Schedule 3 Part 1 heading: amended, on 2 July 2001, by section 41 of the Haz- ardous Substances and New Organisms Amendment Act 2000 (2000 No 89).
To limit the likelihood of any accidental release of any organ- ism or any viable genetic material, the controls imposed by an approval shall specify— (a) requirements for treatment and decontamination to pre- vent escape by way of expelled air, discharge of water or liquid waste, removal of solid waste or goods, or breaches in facility boundary: equipment and requirements for facility construction to enable the requirements for treatment and decontami- nation to be readily met: requirements to be complied with for the access of per- sons to the facility: procedures and requirements for transport, identifica- tion, and packaging for all biological material to and from the facility and within the facility: requirements for the disposal of any biological material: requirements for facility construction: requirements to secure the facility and openings, includ- ing securing against failure in the event of foreseeable hazards.
(b) (c) (d) (e) (f) (g) To exclude unauthorised people from the facility, the controls imposed by an approval shall specify— (a) means of identification of all entrances to the facility: the numbers of entrances and access to the facility: (b) security requirements for the entrances and the facility.
(c) To exclude other organisms from the facility and to control undesirable and unwanted organisms within the facility, the controls shall specify— (a) monitoring requirements to establish the presence of other organisms: 279 1 2 3 Schedule 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part 1—continued (b) (c) phytosanitary requirements: requirements to secure the facility and openings against likely unwanted organisms.
4 5 6 (b) To prevent unintended release of the organism by exper- imenters working with the organism, the controls shall specify— (a) requirements to prevent the contamination of work sur- faces, equipment, clothing, and the facility generally: requirements for laboratory practice to control infection by ingestion or breaks in skin cover: (c) means to control infection by inhalation.
To control the effects of any accidental release or escape of an organism— (a) controls imposed by an approval shall specify an eradi- cation plan for escaped organisms: controls imposed by an approval may specify require- ments to limit the likelihood of an escaped organism spreading, surviving and breeding, including, but not limited to,— (i) (ii) exclusion zones (spatial or temporal): location of the facility outside the usual habitat range of the organism.
(b) Controls imposed by an approval shall specify inspection and monitoring requirements for containment facilities, including any inspection required before commencement of the devel- opment.

Schedule 3 Part 1 clause 6: amended, on 28 May 2002, by section 11(1) of the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).
6A Controls imposed on an approval to field test a genetically modified organism— (a) must specify— (i) (ii) inspection and monitoring of containment facil- ities during the field test; and inspection and monitoring of the site, after the field test, to ensure that all heritable material is removed or destroyed; and 280 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 3 Part 1—continued (b) may specify inspection of the site before field testing commences.
6B 7 1 Schedule 3 Part 1 clause 6A: inserted, on 28 May 2002, by section 11(2) of the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).

Clause 6A applies, with all necessary modifications, to con- trols imposed on an approval to develop a new organism that is a genetically modified organism, to the extent that the de- velopment does not take place in a containment structure.
Schedule 3 Part 1 clause 6B: inserted, on 28 May 2002, by section 11(2) of the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).

Controls imposed by an approval may specify— (a) the qualifications required of the person responsible for implementing the controls imposed by an approval: the provision of a management plan specifying proced- ures for implementing controls imposed by an approval.
(b) Part 2 Matters to be addressed by containment controls for new organisms excluding genetically modified organisms To limit the likelihood of any accidental release of any organ- ism or any viable genetic material, the controls imposed by an approval shall specify— (a) requirements for treatment and decontamination to pre- vent escape by way of expelled air, discharge of water or liquid waste, removal of solid waste, or breaches in facility boundary: equipment and requirements for facility construction to enable the requirements for treatment and decontami- nation to be readily met: requirements to be complied with for the access of per- sons to the facility: procedures and requirements for transport, identifica- tion, and packaging for all biological material to and from the facility and within the facility: (b) (c) (d) 281 Schedule 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part 2—continued (e) (f) (g) requirements for the disposal of any biological material: requirements for facility construction: requirements to secure the facility and openings, includ- ing securing against failure in the event of foreseeable hazards.
To exclude unauthorised people from the facility, the controls imposed by an approval shall specify— (a) means of identification of all entrances to the facility: (b) the numbers of entrances and access to the facility: security requirements for the entrances and the facility.
(c) To control the effects of any accidental release or escape of an organism— (a) controls imposed by an approval shall specify an eradi- cation plan for escaped organisms: controls imposed by an approval may specify require- ments to limit the likelihood of an escaped organism spreading, surviving, and breeding, including, but not limited to,— (i) (ii) exclusion zones (spatial or temporal): location of the facility outside the usual habitat range of the organism.
(b) Controls imposed by an approval shall specify inspection and monitoring requirements for containment facilities.

Controls imposed by an approval may specify the qualifica- tions required of the person responsible for implementing those controls.
Part 3 Matters to be addressed by containment controls for contained hazardous substances To limit the likelihood of escape of any contained hazardous substances or contamination of the facility by hazardous sub- stances, the controls imposed by an approval shall specify— requirements for treatment and decontamination to pre- (a) vent escape by way of expelled air, discharge of water 2 3 4 5 1 282 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 3 Part 3—continued (b) (c) (d) (e) (f) (g) or liquid waste, removal of solid waste, or breaches in facility boundary: equipment and requirements for facility construction to enable the requirements for treatment and decontami- nation to be readily met: requirements to be complied with for the access of per- sons to the facility: procedures and requirements for transport, identifica- tion, and packaging of the substance to and from the facility and within the facility: requirements for the disposal of any hazardous sub- stance: requirements for facility construction: requirements to secure the facility and openings, includ- ing securing against failure in the event of foreseeable hazards.
To exclude organisms from a facility or to control organisms within a facility, the controls shall specify— (a) (b) phytosanitary requirements: requirements to secure the facility and openings against likely unwanted organisms: (c) monitoring requirements to establish the presence of or- ganisms.
To exclude unauthorised people from the facility, controls im- posed by an approval shall specify— (a) means of identification of all entrances to the facility: the numbers of entrances and access to the facility: (b) security requirements for the entrance and the facility.
(c) To prevent unintended release of the substance by exper- imenters working with the substance, the controls shall specify— (a) requirements to prevent the contamination of work sur- faces, equipment, clothing, and the facility generally: procedures to ensure that no person in the facility is exposed to a sufficient level of the substance to cause harm to that person.
(b) 283 2 3 4 Schedule 3 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Part 3—continued To control the effects of any accidental release of the sub- stance, controls imposed by an approval shall specify— (a) procedures to recover and dispose of any hazardous sub- stance: procedures to minimise the effects of such a release on people and the environment.

(b) Controls imposed by an approval shall specify inspection and monitoring requirements for containment facilities.
Controls imposed by an approval may specify— (a) the qualifications required of the person responsible for implementing the controls imposed by an approval: the provisions of a management plan specifying proced- ures for implementing controls imposed by an approval.

(b) 5 6 7 284 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 4 Enactments amended Schedule 4 s 149 Animal Remedies Act 1967 (1967 No 51) (RS Vol 21, p 11) Amendment(s) incorporated in the Act(s).
Arms Act 1983 (1983 No 44) Amendment(s) incorporated in the Act(s).

Biosecurity Act 1993 (1993 No 95) Amendment(s) incorporated in the Act(s).

Building Act 1991 (1991 No 150) Amendment(s) incorporated in the Act(s).

Civil Aviation Act 1990 (1990 No 98) Amendment(s) incorporated in the Act(s).

Conservation Act 1987 (1987 No 65) Amendment(s) incorporated in the Act(s).

Defence Act 1990 (1990 No 28) Amendment(s) incorporated in the Act(s).
Environment Act 1986 (1986 No 127) Amendment(s) incorporated in the Act(s).

Fertilisers Act 1960 (1960 No 33) Amendment(s) incorporated in the Act(s).

Fertilisers Act 1982 (1982 No 134) Amendment(s) incorporated in the Act(s).

Fire Service Act 1975 (1975 No 42) (RS Vol 27, p 11) Amendment(s) incorporated in the Act(s).

285 Schedule 4 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Fire Service Amendment Act 1990 (1990 No 136) Amendment(s) incorporated in the Act(s).
Fisheries Act 1983 (1983 No 14) (RS Vol 27, p 137) Amendment(s) incorporated in the Act(s).

Food Act 1981 (1981 No 45) Amendment(s) incorporated in the Act(s).

Gas Act 1992 (1992 No 124) Amendment(s) incorporated in the Act(s).

Health Act 1956 (1956 No 65) (RS Vol 31, p 467) Amendment(s) incorporated in the Act(s).

Health and Safety in Employment Act 1992 (1992 No 96) Amendment(s) incorporated in the Act(s).

Land Transport Act 1993 (1993 No 88) Amendment(s) incorporated in the Act(s).
Medicines Act 1981 (1981 No 118) Amendment(s) incorporated in the Act(s).

Misuse of Drugs Act 1975 (1975 No 116) (RS Vol 26, p 567) Amendment(s) incorporated in the Act(s).

Official Information Act 1982 (1982 No 156) (RS Vol 21, p 579) Amendment(s) incorporated in the Act(s).

Ombudsmen Act 1975 (1975 No 9) (RS Vol 21, p 657) Amendment(s) incorporated in the Act(s).

Ozone Layer Protection Act 1990 (1990 No 50) Amendment(s) incorporated in the Act(s).
286 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 4 Radiation Protection Act 1965 (1965 No 23) (RS Vol 18, p 673) Amendment(s) incorporated in the Act(s).

Resource Management Act 1991 (1991 No 69) (RS Vol 32, p 131) Amendment(s) incorporated in the Act(s).

Shipping and Seaman Act 1952 (1952 No 49) (RS Vol 4, p 275) Amendment(s) incorporated in the Act(s).

Transport Act 1962 (1962 No 135) (RS Vol 16, p 659) Amendment(s) incorporated in the Act(s).
Transport Amendment Act 1987 (1987 No 96) Amendment(s) incorporated in the Act(s).

287 Schedule 5 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Schedule 5 Enactments repealed s 150(1) Age of Majority Act 1970 (1970 No 137) (RS Vol 21, p 1) Amendment(s) incorporated in the Act(s).

Animals Act 1967 (1967 No 50) (RS Vol 21, p 73) Amendment(s) incorporated in the Act(s).

Building Act 1991 (1991 No 150) Amendment(s) incorporated in the Act(s).
Crown Research Institutes Act 1992 (1992 No 47) Amendment(s) incorporated in the Act(s).

Dangerous Goods Act 1974 (1974 No 26) (RS Vol 24, p 241) Dangerous Goods Amendment Act 1978 (1978 No 16) (RS Vol 24, p 275) Dangerous Goods Amendment Act 1979 (1979 No 83) (RS Vol 24, p 276) Dangerous Goods Amendment Act 1983 (1983 No 67) (RS Vol 24, p 277) Dangerous Goods Amendment Act 1989 (1989 No 84) Environment Act 1986 (1986 No 127) Amendment(s) incorporated in the Act(s).
Explosives Act 1957 (1957 No 19) (RS Vol 6, p 361) Explosives Amendment Act 1958 (1958 No 66) (RS Vol 6, p 398) Explosives Amendment Act 1962 (1962 No 65) (RS Vol 6, p 399) 288 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 5 Explosives Amendment Act 1973 (1973 No 45) (RS Vol 6, p 399) Explosives Amendment Act 1975 (1975 No 75) (RS Vol 6, p 399) Explosives Amendment Act 1978 (1978 No 17) (RS Vol 6, p 400) Explosives Amendment Act 1983 (1983 No 71) Explosives Amendment Act 1989 (1989 No 85) Explosives Amendment Act 2000 (2000 No 63) Explosives (Fireworks Safety) Amendment Act 1985 (1985 No 2) Explosives (Skyrockets Restriction) Amendment Act 1994 (1994 No 144) Fertilisers Act 1982 (1982 No 134) Amendment(s) incorporated in the Act(s).
Health Amendment Act 1987 (1987 No 10) (RS Vol 31, p 580) Amendment(s) incorporated in the Act(s).

Health and Safety in Employment Act 1992 (1992 No 96) Amendment(s) incorporated in the Act(s).

Health Reforms (Transitional Provisions) Act 1993 (1993 No 23) Amendment(s) incorporated in the Act(s).

Judicature Amendment Act 1991 (1991 No 60) Amendment(s) incorporated in the Act(s).

Ministry of Agriculture and Fisheries Amendment Act 1990 (1990 No 53) Amendment(s) incorporated in the Act(s).
289 Schedule 5 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Official Information Amendment Act 1987 (1987 No 8) (RS Vol 21, p 652) Amendment(s) incorporated in the Act(s).

Pesticides Act 1979 (1979 No 26) Pesticides Amendment Act 1987 (1987 No 16) Pesticides Amendment Act (No 2) 1987 (1987 No 44) Plants Act 1970 (1970 No 151) (RS Vol 21, p 735) Amendment(s) incorporated in the Act(s).

Smoke-free Environments Act 1990 (1990 No 108) Amendment(s) incorporated in the Act(s).
Toxic Substances Act 1979 (1979 No 27) Toxic Substances Amendment Act 1983 (1983 No 98) Toxic Substances Amendment Act 1986 (1986 No 111) Toxic Substances Amendment Act 1988 (1988 No 215) Schedule 5 Explosives Amendment Act 2000: inserted, on 15 November 2000, by section 4 of the Explosives Amendment Act 2000 (2000 No 63).
290 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 6 Regulations and orders revoked Schedule 6 s 150(2) Biosecurity (Transition) Regulations 1995 (SR 1995/106) Amendment(s) incorporated in the regulations.

Dangerous Goods Amendment Act Commencement Order 1979 (SR 1979/47) Dangerous Goods (Class 2—Gases) Regulations 1980 (SR 1980/46) Amendment(s) incorporated in the regulations.
Dangerous Goods (Class 3—Flammable Liquids) Regulations 1985 (SR 1985/188) Amendment(s) incorporated in the regulations.

Dangerous Goods (Class 4—Flammable Solids or Substances and Class 5—Oxidising Substances) Regulations 1985 (SR 1985/170) Amendment(s) incorporated in the regulations.

Dangerous Goods (Labelling) Regulations 1978 (SR 1978/305) Amendment(s) incorporated in the regulations.

Dangerous Goods (Licensing Fees) Regulations 1976 (SR 1976/189) Amendment(s) incorporated in the regulations.
Dangerous Goods Order 1983 (SR 1983/127) Dangerous Goods Order 1987 (SR 1987/74) Dangerous Goods Regulations 1958 (SR 1958/76) 291 Schedule 6 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Dangerous Goods Regulations 1958, Amendment No 1 (SR 1961/149) Dangerous Goods Regulations 1958, Amendment No 3 (SR 1967/109) Dangerous Goods Regulations 1958, Amendment No 4 (SR 1969/47) Dangerous Goods Regulations 1958, Amendment No 5 (SR 1970/255) Dangerous Goods Regulations 1958, Amendment No 6 (SR 1974/80) Hamster Importation and Control Regulations 1972 (SR 1972/214) 292 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Schedule 7 Schedule 7 List of substances relevant to transitional provisions [Expired] Schedule 7: expired, on 2 July 2006, by section 152(1)(b).
s 163 293 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Public Act Date of assent Commencement 2002 No 13 27 May 2002 see section 2 Title This Act is the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002.

In this Act, the Hazardous Substances and New Organisms Act 1996 is called “the principal Act”.
Part 1 Preliminary provisions Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Part 2 Amendments to principal Act New section 44A inserted Amendment(s) incorporated in the Act(s).

This section does not apply in relation to applications for ap- provals to develop new organisms in containment made before 1 April 2002.

New section 45A inserted Amendment(s) incorporated in the Act(s).
This section does not apply in relation to applications for ap- provals to develop new organisms in containment made before 1 April 2002.
Transitional provision This section applies to an approval issued by the Authority if— 1 (1) (2) 2 7 (1) (2) 8 (1) (2) 10 (1) 294 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 (2) (3) (4) (5) (a) (b) the approval was issued in the period beginning on 29 October 2001 and ending on the close of the day before the date on which this Act receives the Royal assent; and had this Act been in force when the approval was issued, sections 44A and 45A of the principal Act would have applied to the approval.
The Authority must review the approval within 5 working days after the commencement of this Act.

The Authority must cancel the approval if, after reviewing the approval, it decides that, had section 44A of the principal Act been in force when it considered whether to approve or decline the application, it would have declined the application.
If the Authority cancels an approval under subsection (3), the owner of the organism must, within the time specified by the Authority,— (a) (b) stop the field test of the organism; and dispose of the organism in accordance with the controls as to disposal in the approval.
The Authority must include additional controls, or substitute controls, or both, if, after reviewing the approval, it decides that,— (a) had section 45A of the principal Act been in force when it approved the application, it would have included in the approval controls relating to the matters referred to in that section: had section 44A of the principal Act been in force when it approved the application, it would have included in the approval different controls.
(b) (6) Controls added or substituted under subsection (5) apply im- mediately.

(7) No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of this section.
295 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Public Act Date of assent Commencement 2005 No 123 21 December 2005 see section 2 Title This Act is the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005.

In this Act, the Hazardous Substances and New Organisms Act 1996 is called “the principal Act”.
Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Part 2 New Part 6A inserted in principal Act Pre-commencement consultation on group standards Consultation on group standards completed in accordance with sections 53 to 61 of the Hazardous Substances and New Organisms Act 1996 is to be treated as complying with those sections even though some or all of the consultation occurred before the commencement of this Act.
1 (1) (2) 2 26 296 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Hazardous Substances and New Organisms Amendment Act 2010 Public Act Date of assent Commencement 2010 No 18 19 April 2010 see section 2 1 2 34 (1) (2) 35 (1) Title This Act is the Hazardous Substances and New Organisms Amendment Act 2010.

Commencement This Act comes into force on the day after the date on which it receives the Royal assent.
Transitional provision for applications This section applies to an application under section 28, 34, 38A, or 40 of the principal Act received by the Authority be- fore the commencement of this Act.

The application must be dealt with as if this Act had not been enacted.
Transitional provision for reassessment of hazardous substance This section applies if, before the commencement of this Act,— (a) the Authority decided to reassess a hazardous substance under section 63A of the principal Act; and the Authority proposed to issue, amend, or revoke, under section 96B of the principal Act, a group stand- ard that applied to the hazardous substance, on similar grounds to the grounds for deciding to reassess the substance.
(b) (2) The decision and proposal must be dealt with as if this Act had not been enacted.

297 Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 Transitional provision for aerodromes Anything done, before the commencement of this Act, in en- forcing the principal Act in relation to an aerodrome may be completed as if this Act had not been enacted.
Transitional provision for cost recovery This section applies to any costs of enforcing the principal Act in respect of a new organism incurred by the enforcement agency (as defined by section 97A of the principal Act).
The costs— (a) must be dealt with as if this Act had not been enacted, if they were incurred before the commencement of this Act; or (b) may be recovered in accordance with the principal Act as amended by this Act, if they were incurred on or after the commencement of this Act, regardless of when the enforcement to which the costs relate occurred.
Transitional provision for laying information Subsection (2) applies to an information in respect of an of- fence against the principal Act that relates to a hazardous sub- stance.

The information must be laid— (a) as if this Act had not been enacted, if the incident, situ- ation, or set of circumstances to which the offence re- lates occurred before the commencement of this Act; or in accordance with the principal Act as amended by this Act in all other cases.
(b) Subsection (4) applies to an information in respect of an of- fence against the principal Act that relates to a new organism.

The information must be laid— (a) as if this Act had not been enacted, if the matter of the in- formation arose before the commencement of this Act; or in accordance with the principal Act as amended by this Act in all other cases.
(b) 36 37 (1) (2) 38 (1) (2) (3) (4) 298 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Notes Contents 1 2 3 4 General Status of reprints How reprints are prepared Changes made under section 17C of the Acts and Regulations Publication Act 1989 List of amendments incorporated in this reprint (most recent first) 5 Notes 1 2 3 The reprint incorporates all General This is a reprint of the Hazardous Substances and New the Organisms Act 1996. amendments to the Act as at 20 April 2010, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order.

For more information, see http://www.pco.parliament.govt.nz/reprints/.
Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment.

This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

How reprints are prepared editorial A number in the preparation of enacting words are of conventions reprints.

not included are For example, in Acts, followed the and 299 Notes Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 that are repealed or revoked are omitted.
provisions For a detailed list of see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
the editorial conventions, 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice.

Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000.

Changes to legislative drafting style have also been made since 1997, and are ongoing.

To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) typeface and type size (Times Roman, generally in 11.5 point) layout of provisions, including: • • indentation position of section headings (eg, the number and heading now appear above the section) format of definitions (eg, the defined term now appears in bold type, without quotation marks) format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) • • • • 300 Reprinted as at 20 April 2010 Hazardous Substances and New Organisms Act 1996 Notes • • • • • • • position of the date of assent (it now appears on the front page of each Act) punctuation (eg, colons are not used after definitions) Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly case and appearance of letters and words, including: • followed by small capital format of headings (eg, headings where each word formerly appeared with an initial capital letter letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly running heads (the information that appears at the top of each page) format of amendments, and schedules of are rearranged into alphabetical order, chronological).
two-column schedules of consequential they rather than repeals (eg, 5 List of amendments incorporated in this reprint (most recent first) Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18) Policing Act 2008 (2008 No 72): section 116(a)(ii) Land Transport Management Amendment Act 2008 (2008 No 47): section 50(1) Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22) Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123) Railways Act 2005 (2005 No 37): section 103(3) Crown Entities Act 2004 (2004 No 115): section 200 Public Finance Amendment Act 2004 (2004 No 113): section 37(1) Land Transport Management Amendment Act 2004 (2004 No 97): section 19(1) 301 Notes Hazardous Substances and New Organisms Act 1996 Reprinted as at 20 April 2010 and New Organisms (Stockholm Convention) Building Act 2004 (2004 No 72): sections 414, 415(1) Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) State Sector Amendment Act 2003 (2003 No 41): section 12(2) Hazardous Substances Amendment Act 2003 (2003 No 37) Health and Safety in Employment Amendment Act 2002 (2002 No 86): section 34 Local Government Act 2002 (2002 No 84): section 262 Civil Defence Emergency Management Act 2002 (2002 No 33): section 117 Hazardous Substances and New Organisms (Genetically
 Modified Organisms) Amendment Act 2002 (2002 No 13) Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 (SR 2001/171) New Zealand Public Health and Disability Act 2000 (2000 No 91): section 111(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89) Explosives Amendment Act 2000 (2000 No 63): section 4 Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35) Land Transport Act 1998 (1998 No 110): section 215(1) District Courts Amendment Act 1998 (1998 No
 76): section 7 Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87): section 85 Hazardous Substances and New Organisms Act 1996 (1996 No 30): sections 142A(6), 152(1) Customs and Excise Act 1996 (1996 No 27): sections 290(1), 294(2) Public Finance Act 1989 (1989 No 44): section 65R(3) 12 302 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010