Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939820300.pdf (New Zealand)
Waste Minimisation (Solids) Bill Member’s Bill As reported from the Local Government and Environment Committee Commentary Recommendation The Local Government and Environment Committee has examined the Waste Minimisation (Solids) Bill and recommends that it be passed with the amendments shown.

Introduction The Waste Minimisation (Solids) Bill is a member’s bill in the name of Nándor Tánczos.

We recommend that it be passed, but with sig­ niﬁcant amendment.
The bill aims to protect the environment from harm by encouraging the efﬁcient use of materials and a reduction in waste, with conse­ quent environmental, social, cultural, and economic beneﬁts.

The bill would reduce the amount of waste sent to landﬁlls, introduce a levy on waste, and foster the development of product stewardship schemes.

Under the bill as originally drafted a number of measures were proposed to achieve these objectives.
Of these original propos­ als we recommend the removal of • organisational waste minimisation plans 43—2 2 • • • • • Waste Minimisation (Solids) Bill Commentary the public procurement policy public organisation reporting the Waste Minimisation Authority waste control authorities and target dates for waste reduction goals from the mandatory measures.
We recommend new clauses under the product stewardship provi­ sions, and new reporting requirements for operators of waste disposal and recovery facilities and territorial authorities.

We also recom­ mend amendments to the waste levy provisions.

Under the proposed amendments a Waste Advisory Board would provide advice to the Minister and the Secretary for the Environment.
New Zealand National, while supportive of waste minimisation, op­ posed the introduction of the original bill because the provisions were regarded as excessively bureaucratic, with high compliance costs.

This commentary focuses on recommendations for signiﬁcant changes, and does not cover minor changes of a technical nature.

The process of this bill has been unorthodox, but productive.
It has had two rounds of extensive public consultation and a high level of cooperative engagement from the Government and all the members of the committee.

This has led to a simpler, more streamlined bill that we believe will result in effective waste minimisation.

Submissions We received 316 submissions on the original bill.

While we were considering the bill the Minister referred to us a supplementary order paper proposing signiﬁcant amendment.
Those who had submitted on the original bill were invited to resubmit on the supplementary order paper.

We received 125 submissions on the supplementary order paper from those who had previously submitted, and some from new submitters.

Overview Title While the bill as drafted is called the Waste Minimisation (Solids) Bill, we recommend that the word “solids” be removed from the title Commentary Waste Minimisation (Solids) Bill 3 since the bill is not exclusively about solid waste.
It will apply to some liquid wastes, such as paint and used oil.

We do not recommend referring to “recovery” in the title because this emphasises waste re­ covery over other objectives.

We also rejected the possible use of the word “management” in the title, as it would not have suitably empha­ sised the waste minimisation goals of the bill.

Part one Commencement The bill would have come into force 12 months after receiving the Royal assent.
However, we recommend that the legislation come into force the day after Royal assent, with the exception of Part 3 and section 60.

Part 3 of the bill as amended would come into force on 1 July 2009, giving the Ministry for the Environment approximately 12 months to establish a system for collecting and allocating the waste levy if the bill progresses through the House without delay.
Section 60 would come into force on 1 July 2009, allowing an adjustment period for waste plans under the Local Government Act 1974.

Purpose We recommend that clause 3 be amended to emphasise encouraging waste minimisation and reducing waste disposal in order to protect the environment from harm, while creating economic, social, cul­ tural, and environmental beneﬁts.

Clause 5: interpretation We recommend that the deﬁnitions in the original bill be amended in line with the other amendments proposed.
We recommend that waste be deﬁned as anything no longer required for its original purpose, which, but for waste minimisation initiatives, would therefore be discarded.

This is a broad deﬁnition which we consider reﬂects the purpose of the bill.

We think it is important to deﬁne the term “waste” in the light of a recent Court of Appeal case, which noted that the term as used in the Local Government Act 1974 is ambiguous.
We note that internationally it has been found to be difﬁcult to devise a deﬁnition of waste that is neither too exclusive nor too inclusive.
4 Waste Minimisation (Solids) Bill Commentary We recommend that reduction, reuse, recycling, and recovery also be deﬁned: reduction as the lessening of waste generation; reuse as using material again in its existing form for the original or a similar purpose; recycling as the reprocessing of waste into new items; and recovery as the extraction of materials or energy from waste, includ­ ing waste turned into compost.
Clause 5A: meaning of disposal We recommend that the deﬁnition of disposal be amended to refer to the ﬁnal depositing of waste into or onto land set apart for that purpose, including the incineration of waste.

The term disposal will not apply to the short­term deposit of waste onto land before its being reused, recycled, recovered, or removed from the land.
Clause 5B: meaning of disposal facility We recommend that “disposal facility” refer to a facility at which waste, including household waste, is disposed of, which operates at least in part as a business for waste disposal.

Parts 2 to 10 of original bill We recommend that Parts 2 to 10 of the original bill be replaced by new Parts 2 to 7.
Part 2: product stewardship New Part 2 of the bill encourages and in certain situations requires the development of product stewardship schemes, through which the responsibility for managing the end of the life of a product and the environmental impacts of the product is shared by those involved in the product’s life.

The bill provides for ofﬁcial accreditation of prod­ uct stewardship schemes, including voluntary schemes.

A number of successful voluntary schemes have already been established.
How­ ever, there are a number of problems including free riders, a lack of comprehensive coverage, and the difﬁculty of establishing effective targets.

Part 6 of the bill as originally drafted would require producers of goods to take responsibility for their products throughout the prod­ ucts’ lifecycles, including their disposal.

Particular products would Commentary Waste Minimisation (Solids) Bill 5 have been sold only if covered by a product stewardship scheme.
De­ posits, refundable or otherwise, could be charged by producers.

We recommend that regulations providing these features be retained.

We recommend that the product stewardship provisions be revised, notably by introducing means by which voluntary product steward­ ship schemes could be accredited by the Government.
New Part 2 of the bill provides the means by which products would be classiﬁed as priority products, compulsory product stewardship schemes would be developed and accredited, and voluntary schemes accredited for some products.

Under these amendments the Minister would have the power to de­ termine priority products.

The Minister would be required to consult affected parties and consider advice from the Waste Advisory Board before declaring a product to be a priority product.
The Minister would be required to consider speciﬁed factors when classifying a product as a priority product, including the possibility of signiﬁcant environmental harm created by the disposal of the product and the effectiveness of any proposed scheme for the product.
The sale of priority products would be regulated only where this was considered necessary to ensure that relevant schemes achieved the environmen­ tal objectives established for the product, and where the beneﬁts of regulation exceeded the cost.

These amendments are intended to en­ sure that product stewardship schemes are workable.

Part 3: Waste Disposal Levy The bill proposed a levy on all waste dumped at disposal facilities, set at $25 per tonne.

We recommend that this sum be reduced to $10 per tonne.
We consider this lower ﬁgure adequate initially, as it will take time for worthwhile schemes for waste reduction to attract fund­ ing through the levy fund.

The lower levy would also be less likely to provoke illegal dumping.

The levy would be paid at disposal fa­ cilities and then passed to the ministry by their operators.
The levy is intended to create a dedicated fund for waste minimisation pro­ grammes; and by increasing the cost of disposing of waste, it could be expected to change the behaviour of those disposing of waste.

The level of the levy would be reviewed by the Minister within two years of its commencement, and every three years afterwards.
6 Waste Minimisation (Solids) Bill Commentary Fifty percent of waste levy monies would be paid to territorial au­ thorities on a population basis, while the remaining funds, minus ad­ ministration costs, could be contested by any interested parties (in­ cluding territorial authorities).

The Minister would allocate this fund to waste minimisation projects on a competitive basis, subject to spe­ ciﬁed criteria.

A Waste Advisory Board would advise the Minister about criteria for funding.
Territorial authorities would be required to align their funding of waste minimisation initiatives from the levy with their waste management and minimisation plans.

We propose these amendments to encourage co­operation between regional and district authorities over waste minimisation initiatives.

Material deposited in cleanﬁlls would not be levied under the bill, but there is provision for the introduction of levies for cleanﬁlls at a later date.
Waste deposited at landﬁlls that are operating when the bill passes into law and were identiﬁed in the 2006 New Zealand Landﬁll Census would be subject to the levy.

However, not enough is known about the number of cleanﬁlls, which are inadequately monitored and documented, to include them at present.

Part 4: Territorial authorities Part 3 of the bill as introduced designated territorial authorities as Waste Control Authorities, and required them to be responsible for minimising waste.
These authorities would be required to implement waste minimisation and management plans, and oversee and promote waste minimisation and management in their districts in accordance with the New Zealand Waste Strategy.

To simplify the legislation, we recommend that these measures be removed, because territorial authorities largely undertake these func­ tions already, and some of the proposed measures would be too pre­ scriptive or too costly for councils to implement.
Councils are al­ ready required to promote waste management and minimisation in discharging their responsibility for public health, and we consider them the most appropriate institutions to ensure that waste minimi­ sation services are provided.

The provisions in the original bill might also have removed the ﬂexibility that currently permits territorial au­ thorities to take account of local variation and to allow private indus­ try to be involved in waste management.
Commentary Waste Minimisation (Solids) Bill 7 For these reasons, we recommend that Part 3 of the bill be replaced by new Part 4, which would transfer the waste management provi­ sions in Part 31 of the Local Government Act 1974 to the bill largely unchanged.

However, Part 4 places more emphasis than the 1974 le­ gislation on territorial authorities’ encouraging and promoting waste minimisation.
Under Part 4 territorial authorities would be required to adopt waste management and waste minimisation plans (currently waste manage­ ment plans under the Local Government Act 1974).

The bill provides more guidance on the content of plans.

Clause 43 is a proposed new provision, which would allow two or more territorial authorities to draw up joint waste management plans.
Clause 46 would give the Governor­General the power, on the recommendation of the Minister, to direct territorial authorities to amend their waste management and minimisation plans.

This provision should ensure national consistency between authorities, and make sure that plans take into account national policy.
The Minister would be required to be satisﬁed that the territorial au­ thority’s plan was adequate to promote effective and efﬁcient waste management and minimisation before making any recommendation that authorities be compelled to make changes.

Clauses 50 and 54 of the revised bill would allow territorial author­ ities to contract or license operators to collect, reduce, reuse, recycle, recover or dispose of waste, and to make bylaws regulating the man­ agement and disposal of waste.
Part 5: Offences and enforcement New Part 5 of the bill sets out offences and penalties and provides for enforcement ofﬁcers to be appointed by the Secretary for the Envir­ onment or a territorial authority to monitor compliance with regula­ tions.

Proposed ﬁnes range from up to $5,000 for preventing an en­ forcement ofﬁcer from gathering information or conducting inspec­ tions, to up to $100,000 for breaching certain regulations concern­ ing products, materials, waste or reporting requirements.
Clause 59 sets out the defences that would be available to those prosecuted for breaching the Act, and these are of a similar nature to provisions in the Local Government Act 2002 and are consistent with the Resource 8 Waste Minimisation (Solids) Bill Commentary Management Act 1991.

Charges could be laid up to 12 months after knowledge of an offence arose.
The provisions for offences and penalties proposed in new Part 5 are similar to, but more comprehensive than, the equivalent provisions in the bill as drafted.

The bill as introduced provides for some offences to carry a sentence of imprisonment; we recommend that no offence under the bill should do so.

Part 6: Reporting and audits The proposed new Part 6 of the bill provides that regulations can be made for the purpose of obtaining information on waste.
These regu­ lations would detail the requirements for operators of disposal facil­ ities, operators of facilities where waste is received, and territorial authorities to keep records and provide information to the Secretary for the Environment.

It would be used to determine the levies dis­ posal facilities would pay, and to equip the Ministry for the Environ­ ment to monitor the impacts and the minimisation of waste, and for planning purposes.
Before regulations were made parties that would be signiﬁcantly affected would have to be consulted, along with the Waste Advisory Board, and a consideration of the costs and bene­ ﬁts expected from implementing the regulations would be required.

This proposed part of the bill also includes provisions regarding the appointment of auditors and their powers to monitor certain facilities to determine the amount of levy to be paid or the records to be kept.
We recommend that new Part 6 partially replace Part 9 of the bill as drafted, which includes provisions for public organisations to report on material used, waste generated, and waste disposed.

These re­ quirements would be costly, and the collection of this information is already required for other purposes.

New Part 6 would improve the collection of national data, including information on how territorial authorities spent monies from the waste disposal levy.
Part 7: Waste Advisory Board Under Part 2 of the bill as introduced a Waste Minimisation Author­ ity with between eight and ten members appointed by the Minister would be created as a Crown Entity under the Public Finance Act 1989.
The authority would have various responsibilities including promoting and encouraging waste minimisation, advising the Min­ Commentary Waste Minimisation (Solids) Bill 9 ister, monitoring waste generation and waste minimisation efforts, facilitating the New Zealand Waste Strategy, and updating the New Zealand Waste Strategy at least ﬁve­yearly.

The authority would be required to give effect to Government policy and to administer the waste disposal levy.
We recommend that Part 2 be replaced by new Part 7, which would establish a Waste Advisory Board, with a narrower role than that pro­ posed for the Waste Minimisation Authority.

The board would pro­ vide advice on waste minimisation to the Minister and to the Secre­ tary for the Environment upon request.
The Minister would be re­ quired to seek the board’s advice on a number of matters, including declaring a product to be a priority product, making guidelines about product stewardship schemes, and setting criteria on how the con­ testable portion of the levy fund would be allocated.

The Minister would set the terms of reference for the board, and appoint four to eight members, one as chairperson.

Anyone would be able to nom­ inate members for the Minister’s consideration.
We recommend these changes because we recognise that the Ministry for the Environment is best placed to coordinate waste­related meas­ ures, and under the bill its capability and proﬁle in this area would be increased.

National issues could be dealt with and policy decisions relating to waste could be made by the Ministry.
Establishing an au­ thority as suggested in the bill as drafted might lead to the separation of waste issues from environmental issues such as climate change, which we consider undesirable.

The Ministry could develop waste minimisation policy alongside policy on other environmental issues.

Organisational waste minimisation plans Part 7 of the bill as introduced would require all New Zealand busi­ nesses to implement waste minimisation plans by 2016.
We recom­ mend that such plans not be included in the amended bill, as they would be too burdensome.

Nevertheless, we commend businesses that have introduced such plans voluntarily.

Public procurement We recommend the removal of the requirement in the bill for public organisations to procure goods on the basis of their durability, poten­ tial to be reused or recycled, or incorporation of reused and recycled 10 Waste Minimisation (Solids) Bill Commentary materials.
Pricing would be allowed to inﬂuence procurement only if the item in question cost at least 33 percent more than the least expensive comparable item.

This policy would have demonstrated commitment to the New Zealand Waste Strategy, but we are con­ cerned that it would have been too costly, and would have required enforcement.
Other Government programmes such as Govt3 have similar objectives on a voluntary basis.1 1 The Govt3 initiative enables government agencies to become more sustain­ able by focusing on waste minimisation, sustainable buildings, transport, ofﬁce consumables, and procurement.

Commentary Waste Minimisation (Solids) Bill 11 Appendix Committee process The Waste Minimisation (Solids) Bill was referred to the committee on 14 June 2006.

The closing date for submissions was 1 September 2006.
We received and considered 316 submissions from interested groups and individuals.

We heard 124 submissions.

Those who had submitted on the original bill were invited to resubmit on a supple­ mentary order paper that the Government introduced.

We received 125 submissions on the supplementary order paper from those who had previously submitted and from some new submitters.

We heard 60 of these additional submissions.


We received advice from the Ministry for the Environment and the Parliamentary Commissioner for the Environment.
Committee membership Moana Mackey (Chairperson) (from 7 November 2007) Georgina Beyer (until 20 February 2007) John Carter (Deputy Chairperson) Hon Steve Chadwick (until 7 November 2007) Jacqui Dean (from 6 December 2006) Hon David Benson­Pope (from 7 November 2007) Mark Blumsky Hon Mark Burton (from 7 November 2007 until 2 April 2008) Russell Fairbrother (from 20 February 2007 until 7 November 2007) Martin Gallagher (until 7 November 2007) Hon Marian Hobbs Eric Roy (until 6 December 2006) Su’a William Sio (from 2 April 2008) Hon Dr Nick Smith Mētīria Turei Nándor Tánczos and Nicky Wagner replaced Mētīria Turei and Jacqui Dean for this item of business.
Waste Minimisation (Solids) Bill Key to symbols used in reprinted bill As reported from a select committee text inserted unanimously text deleted unanimously Nandor Tanczos Waste Minimisation (Solids) Bill 1 Title Member’s Bill Contents Part 1 Preliminary provisions 2 3 4 5 5A 5B Commencement Purpose of this Act Act binds the Crown Interpretation Meaning of disposal Meaning of disposal facility Part 2 Product stewardship Purpose of Part Priority products Declaration of priority products Product stewardship schemes Product stewardship schemes required for priority products Voluntary product stewardship schemes Ministerial guidelines for product stewardship schemes for priority products Accreditation of product stewardship schemes 11 Application for accreditation 43—2 Page 6 6 6 7 10 13 14 51 51 52 52 52 53 1 Waste Minimisation (Solids) Bill Requirements for accreditation Accreditation Variation of accredited scheme Expiry of accreditation Revocation of accreditation Accredited scheme subject to other laws Monitoring of accredited schemes Monitoring of accredited schemes Monitoring costs recoverable as debt if unpaid Regulations in relation to priority products, accredited schemes, products, materials, and waste Regulations in relation to priority products and accredited schemes Regulations in relation to products (whether or not priority products), materials, and waste New Zealand Customs Service to provide information about priority products New Zealand Customs Service to provide information about priority products Purpose of Part Part 3 Waste disposal levy Levy must be paid Levy imposed on waste disposed of at disposal facility Rate of levy Operator of disposal facility must pay levy to levy collector Waiver of levy payment Distribution and spending of levy money Secretary must distribute and spend levy money Territorial authorities to receive share Spending of levy money by territorial authorities Secretary must retain levy money instead of paying territorial
 authority in certain situations Estimated levy and unpaid levy Estimation of amount of levy payable Interest on unpaid levy Waste Minimisation (Solids) Bill 34 Unpaid levy is debt 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Minister’s functions in relation to levy Minister may direct Secretary to retain payment to territorial authority Minister may approve funding of projects to promote or achieve waste minimisation Minister must review effectiveness of levy Minister may appoint levy collector Regulations in relation to waste disposal levy and related matters Regulations in relation to waste disposal levy and related matters Part 4 Responsibilities of territorial authorities in relation to waste management and minimisation Territorial authorities to encourage effective and efﬁcient waste management and minimisation Waste management and minimisation plans Waste management and minimisation plans Requirements when preparing, amending, or revoking plan Joint plans Funding of plans Grants Governor­General may give directions to territorial authority Minister may set performance standards for territorial authorities Review of waste management and minimisation plans Review of waste management and minimisation plan Requirements for waste assessment Waste management and minimisation services, facilities, and activities Waste management and minimisation services, facilities, and activities Proceeds from activities and services must be used in implementing waste management and minimisation plan 65 65 66 66 67 67 69 69 70 71 71 72 72 73 73 73 75 75 3 Waste Minimisation (Solids) Bill Collection and disposal of waste Waste must be collected promptly, efﬁciently, and regularly Health Protection Ofﬁcer may serve notice on territorial authority for causing nuisance Bylaws Bylaws Crown bound by bylaws Review of bylaws Regulations in relation to bylaws Relationship of this Part
 with Local Government Act 2002 Relationship of this Part with Local Government Act 2002 Consequential and transitional provisions Consequential repeal of Part 31 of Local Government Act 1974 Sanitary services Waste management plans Bylaws made or having effect under Local Government Act 1974 Part 5 Offences and enforcement Offences Offences Offences against bylaws Additional penalty for contravention involving commercial gain Strict liability and defences Strict liability Defences 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Liability of principals for acts of agents 68 Liability of principals for acts of agents Time for laying informations 69 Time for laying information 75 75 76 78 78 78 79 79 79 79 80 80 81 82 82 82 83 84 4 Waste Minimisation (Solids) Bill 70 71 72 73 Injunctions Injunctions restraining commission of offence under section 63(2) Infringement offences Proceedings for infringement offences Issue and service of infringement notices Entitlement to infringement fees Enforcement ofﬁcers 74 Enforcement ofﬁcers Enforcement ofﬁcer powers Exercise of powers Power to require certain information Power to inspect property and obtain information Consent or warrant required to inspect dwellinghouse or marae Seizure of property not on private land Seizure of property from private land Conditions for exercise of warrant to seize property on private land Return of property seized and impounded Power to dispose of property seized and impounded Part 6 Reporting and audits Reporting Regulations in relation to records, information, and reports Audits Secretary may require audit Audit in respect of certain matters relating to facility or person Part 7 Waste Advisory Board Establishment of Waste Advisory Board Function of Board Terms of reference Minister to appoint members to Board How members appointed cl 1 92 93 94 95 96 Waste Minimisation (Solids)
5 cl 1 92 93 94 95 96 Waste Minimisation (Solids) Bill Term of ofﬁce of members Removal of members No compensation for loss of ofﬁce Fees and expenses of members Proceedings of Board 98 99 99 99 99 The Parliament of New Zealand enacts as follows: Title This Act is the Waste Minimisation (Solids) Act 2006.
Part 1 Preliminary provisions Commencement This Act comes into force 12 months after the date on which it receives the Royal assent.

Commencement PPPaaarrrttt 333 and ssseeeccctttiiiooonnn 666000 come into force on 1 July 2009.

The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
5 10 Purpose The purpose of this Act is to protect the environment by min­ imising the amount of material resources used and the amount 15 of solid waste disposed of in landﬁlls, cleanﬁlls, and inciner­ ators, in line with targets and dates to be set, through institut­ ing measures to give full effect to the principles of the New Zealand Waste Strategy.
Purpose of this Act The purpose of this Act is to encourage waste minimisation and a decrease in waste disposal in order to— protect the environment from harm; and (a) provide environmental, social, economic, and cultural (b) beneﬁts.

20 25 1 2 2 (1) (2) 3 3 6 4 5 Waste Minimisation (Solids) Bill Part 1 cl 5 Act binds the Crown This Act binds the Crown.
15 10 Interpretation In this Act, unless the context otherwise requires,— Authority means the Waste Minimisation Authority estab­ 5 lished under ssseeeccctttiiiooonnn 777 brand­owner means a person or organisation who manufac­ tures or imports into New Zealand a product intended for sale or other distribution to another person or organisation in New Zealand, or for re­export buyer means the person or organisation who pays money to assume ownership of a product collector means any person who removes from the site of gen­ eration any domestic, commercial, agricultural, or industrial waste whether for disposal or other purposes construction and demolition waste includes, but is not limited to, material such as timber, plasterboard, concrete, bricks, stones, metals, glass, carpets, tiles, wire, PVC and other plastics left over during construction, renovation, de­ molition, or dismantling of buildings, structures, roads, and 20 other paved surfaces consumer means a person or organisation who purchases or otherwise obtains a product for his, her, or its own use or for the use of family members and friends or members or employees of the organisation Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002 Director means the chief executive of the Waste Minimisation Authority disposal means the burying or burning of waste without any 30 associated energy recovery disposal facility means a landﬁll, cleanﬁll, or incinerator energy recovery means the processing of waste materials, by biological means only, for the purpose of obtaining energy from them 35 25 7 Part 1 cl 5 Waste Minimisation (Solids) Bill 15 10 full costs means costs calculated using full cost accounting practices for disposal of waste in a disposal facility Inland Revenue Acts means the Inland Revenue Acts speci­ ﬁed in the Schedule of the Tax Administration Act 1994 landﬁll levy means an amount of money payable per tonne of 5 waste disposed under ssseeeccctttiiiooonnn 444000 and used for the purposes speciﬁed in ssseeeccctttiiiooonnn 444444 material recovery means extraction of materials from waste for further use for purposes for which they were not originally produced medical waste means waste from medical facilities such as hospitals and clinics at which medical treatment or consult­ ation is conducted metals means iron, copper, tin, lead, aluminium, brass, and steel.
Minister means the Minister of the Crown who, with the au­ thority of the Prime Minister, is for the time being responsible for the administration of this Act occupier means, in relation to any property, the inhabitant of the property or the person who conducts business in the prop­ 20 erty organic waste means grass clippings, tree trimmings, tree trunks and branches, and other vegetation or material from parks, gardens, streets, commercial and industrial properties, water bodies, and farms as well as putrescible material organisational waste minimisation plan means a plan under PPPaaarrrttt 777 paper and cardboard means materials made of cellulose or other plant ﬁbres and not bonded to any other material such as metals or plastics plastics of types 1 and 2 means polyethylene terephthalate and high density polyethylene respectively point of display means an area where a seller displays the products in question point of sale means an area where the transaction for the trans­ 35 fer of the ownership of the product to the buyer from the seller takes place 25 30 8 Waste Minimisation (Solids) Bill Part 1 cl 5 product stewardship organisation means a person or organ­ isation contracted to operate an approved product stewardship programme on behalf of a brand­owner product stewardship programme means a programme in which the brand­owner of a product assumes responsibility 5 for the environmental impact of the product throughout its life, including after it is no longer wanted by, or no longer fulﬁls the purpose of, the consumer public organisation means any Crown organisation and every territorial authority, local government organisation, council­ 10 controlled organisation, council­controlled trading organisa­ tion, and council organisation (as those terms are deﬁned in section 5 of the Local Government Act 2002) putrescible means having a high nitrogen to carbon ratio so that aerobic microbial degradation is likely to produce foul 15 odours and includes things such as kitchen food scraps and animal and vegetable
 wastes from other facilities where vege­ tables, fruits, and animals are processed recycling means the reprocessing of materials recovered from waste to supply feedstock with which to produce new products 20 reduction means lessening waste generation residual means material that cannot be composted, reused, re­ cycled, or subject to material or energy recovery reuse means the further using of products in their existing form for their original purpose or a similar purpose seller means the person or organisation who receives payment for transferring the ownership of the product to the buyer Solid Waste Analysis Protocol means the protocol for the collection of consistent and reliable data on solid waste in New Zealand published at http://www.mfe.govt.nz/publica­ 30 tions/waste/solid­waste­analysis­mar02/index.html in March 2002 under reference ME430 and any revisions of that proto­ col Strategy means the New Zealand Waste Strategy (2002) or the most recent update of this document territory means the territory or territories of the territorial au­ thority or authorities that constitute a Waste Control Authority 35 25 9 Part 1 cl 5 Waste Minimisation (Solids) Bill transfer station means a facility used for sorting, combining, and/or compacting waste collected from different sources and from which waste is sent to a disposal facility transporter means any person who transports waste to a dis­ posal facility, whether the person is acting privately or com­ 5 mercially treatment means, in relation to waste, subjecting the waste to any physical, biological, or chemical process to change the volume or character of that waste so that it may be disposed of with no, or with reduced, signiﬁcant adverse effect on the 10 environment untreated timber means sawn wood which has not been treated with preservatives including, but not limited to boric acid and copper chromium arsenic waste minimisation and management plan means, in rela­ 15 tion to a Waste Control Authority, a plan
 under ssseeeccctttiiiooonnn 222111(((bbb))) waste minimisation plan means, in relation to an organisa­ tion, any plan for the minimisation of waste by the organisa­ tion, being a plan developed after consideration, in the follow­ ing order of priority, of the following methods (which methods 20 are listed in order of their importance): (a) (b) (c) material recovery: (d) (e) (f) (g) recycling including composting: energy recovery: treatment: disposal.
reduction: reuse: 25 Interpretation In this Act, unless the context requires another meaning,— 30 accredited scheme means a product stewardship scheme ac­ credited by the Minister under ssseeeccctttiiiooonnn 111333 appointed levy collector means a person appointed in accord­ ance with ssseeeccctttiiiooonnn 333888(((111)))(((aaa))) to collect the levy auditor means a person appointed under ssseeeccctttiiiooonnn 888555(((111))) disposal has the meaning set out in ssseeeccctttiiiooonnn 555AAA disposal facility has the meaning set out in ssseeeccctttiiiooonnn 555BBB 35 5 (1) 10 Waste Minimisation (Solids) Bill Part 1 cl 5 10 enforcement ofﬁcer means a person appointed as an enforce­ ment ofﬁcer under ssseeeccctttiiiooonnn 777444(((111))) ooorrr (((222))) environment has the same meaning as in section 2(1) of the Resource Management Act 1991 ﬁnancial year means a period of 12 months ending with 5 30 June infringement fee means the amount prescribed as the in­ fringement fee for the infringement offence concerned infringement offence means an offence prescribed as an in­ fringement offence under ssseeeccctttiiiooonnn 555777(((aaa))) judicial ofﬁcer means a District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the police) levy means the levy imposed by ssseeeccctttiiiooonnn 222444 levy collector, in relation to a disposal facility, means— (a) the Secretary, if there is no appointed levy collector for the facility; or the appointed levy collector for the facility (b) levy money means the money paid as levy Medical Ofﬁcer of Health has the same meaning as in section 20 2(1) of the Health Act 1956 Minister means the Minister for the Environment nuisance has the same meaning as in section 29 of the Health Act 1956 objectives, in relation to a product stewardship scheme, means 25 the objectives for the product to which the scheme relates as set under ssseeeccctttiiiooonnn 111222(((ccc)))(((iii))) operator means the person in control of a disposal facility or other
 facility prescribed means prescribed by regulations made under this 30 Act priority product means a product declared to be a priority product in accordance with ssseeeccctttiiiooonnn 777 producer means a person who— (a) manufactures a product and sells it in New Zealand 35 15 under the person’s own brand; or 11 Part 1 cl 5 Waste Minimisation (Solids) Bill (b) is the owner or licence holder of a trademark under which a product is sold in New Zealand; or imports a product for sale in New Zealand; or (c) (d) manufactures or imports a product for use in trade by the person or the person’s agent 5 packaging; and a class of product product includes— (a) (b) recovery— (a) means extraction of materials or energy from waste for 10 further use or processing; and includes making waste into compost (b) recycling means the reprocessing of waste to produce new materials reduction means— (a) lessening waste generation, including by using products more efﬁciently or by redesigning products; and in relation to a product, lessening waste generation in relation to the product (b) 15 reuse means the further use of waste in its existing form for 20 the original purpose of the materials or products that constitute the waste, or for a similar purpose sale includes— (a) (b) an offer for sale; and distribution or delivery, whether or not for valuable con­ 25 sideration (including delivery to an agent for sale on consignment) scheme manager means the contact person for an accredited scheme Secretary means the Secretary for the Environment appointed 30 in accordance with section 29 of the Environment Act 1986 territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002 treatment— (a) means subjecting waste to any physical, biological, or 35 chemical process to change its volume or character so that it may be disposed of with no or reduced adverse effect on the environment; but 12 Waste Minimisation (Solids) Bill Part 1 cl 5A does not include dilution of
 waste (b) waste— (a) means any thing that— (i) (ii) has been disposed of or discarded; or is no longer required for its original purpose and, 5 but for commercial or other waste minimisation activities, would be disposed of or discarded; and includes a type of waste that is deﬁned by its compo­ sition or source (for example, organic waste, electronic waste, or construction and demolition waste) 10 (b) Waste Advisory Board or Board means the Waste Advisory Board established by ssseeeccctttiiiooonnn 888777 waste management and minimisation means waste minimi­ sation and treatment and disposal of waste waste management and minimisation plan or plan means a 15 waste management and minimisation plan adopted by a terri­ torial authority under ssseeeccctttiiiooonnn 444111 waste minimisation means reduction, reuse, recycling, or re­ covery of waste.
In this Act,— (a) beneﬁts expected from implementing regulations, or from reduction, reuse, recycling, recovery, or treatment of a product, include both monetary and non­monetary beneﬁts: costs expected from implementing regulations include 25 both monetary and non­monetary costs.
(b) 20 (2) 5A Meaning of disposal (1) In this Act, unless the context requires another meaning, dis­ posal— (a) means the ﬁnal (or more than short­term) deposit of 30 waste into or onto land set apart for that purpose; and includes the incineration of waste.

(b) In sssuuubbbssseeeccctttiiiooonnn (((111)))(((aaa))), for all purposes relating to the levy, ﬁnal (or more than short­term) deposit of waste means any deposit of waste other than a deposit referred to in ssseeeccctttiiiooonnn 35 222444(((333))).
(2) 13 Part 1 cl 5B Waste Minimisation (Solids) Bill (3) In sssuuubbbssseeeccctttiiiooonnn (((111)))(((bbb))), incineration means the deliberate burning of waste to destroy it, but not to recover energy from it.
5B Meaning of disposal facility (1) In this Act, unless the context requires another meaning, dis­ 5 posal facility means— (a) a facility, including a landﬁll,— (i) (ii) at which waste is disposed of; and at which the waste disposed of includes house­ hold waste; and that operates, at least in part, as a business to dispose of waste; and (iii) 10 (b) any other facility or class of facility at which waste is disposed of that is prescribed as a disposal facility.
In sssuuubbbssseeeccctttiiiooonnn (((111)))(((aaa)))(((iiiiii))), household waste means waste from 15 a household that is not entirely from construction, renovation, or demolition of the house.

Part 2 Waste Minimisation Authority Purpose The purpose of this Part is to establish and deﬁne the role of the Waste Minimisation Authority.

20 Waste Minimisation Authority This section establishes the Waste Minimisation Authority.

The Authority is a body corporate with perpetual succession.
The Authority is a Crown entity for the purposes of the Public Finance Act 1989.
25 Functions The function of the Authority is to encourage, promote, fa­ cilitate, and support the achievement of the minimisation of 30 material resource use and waste production by— (a) advising the Minister on any matter relating to or affect­ ing— (i) the use of material resources: (2) 6 7 (1) (2) (3) 8 (1) 14 Waste Minimisation (Solids) Bill Part 2 cl 8 (ii) (iii) (iv) the generation, processing, disposal, and cost of waste, including the setting of the level of the waste disposal levy under ssseeeccctttiiiooonnn 444111: the functions of the Authority: the prohibiting of certain materials from being 5 delivered to or accepted at a disposal facility: (b) monitoring and reviewing the state of waste generation and resource use in New Zealand: (f) 10 (e) (g) (d) (c) monitoring progress in minimising waste, including comparing performance with minimisation targets: administering, facilitating, and supporting the imple­ mentation of the New Zealand Waste Strategy updating the New Zealand Waste Strategy at intervals not exceeding 5 years: setting percentage and time targets for the reduction of 15 waste disposal: developing criteria for assessing the effectiveness of the waste disposal levy: administering the waste disposal levy: increasing public awareness in New Zealand of how 20 persons and organisations can minimise waste and re­ source use: arranging for the conduct of research, assessments, demonstrations, and studies: promoting practices and technologies to enable waste 25 minimisation and resource use reduction: reviewing, approving, and monitoring product steward­ ship programmes: publishing relevant information, research, and other material: (h) (i) (m) (k) 30 (j) (l) (n) working with and supporting government departments and entities, local government, business, the commu­ nity sector, and other relevant organisations to minimise resource use and waste: assisting in the development of markets for products 35 made from materials recovered from the waste stream and for products or services that reduce resource use or waste: (o) 15 Part 2 cl 9 Waste Minimisation (Solids) Bill (2) 9 (1) (p) carrying out such other functions and duties as are con­ ferred or imposed on it by any enactment.
The Authority must perform its functions to achieve the pur­ pose of this Act, and in accordance with the Strategy for the time being in force.

5 (b) (b) (c) (d) Powers Except as provided in this Act, the Authority has— (a) the rights, powers, and privileges of a natural person; and the power to do anything it is authorised to do by or 10 under— (i) (ii) (iii) this Act; or any other enactment; or any rule of law.
(2) Without limiting the generality of subsection (1), the Au­ 15 thority has the power— (a) to receive money paid to the Authority by the Crown or by any other person or agency; and to make grants, awards, or loans of money; and to enter into agreements for the administration of grants, 20 awards, and loans; and to acquire, hold, lease, dispose of, or occupy any land, buildings, or real or personal property as the Authority considers necessary.
The Authority may exercise its rights, powers, or privileges 25 only for the purpose of performing its functions.
Authority to comply with Government policy and Minister’s directions In the performance and exercise of its functions, duties, and powers, the Authority must— (a) give effect to the policy of the Government as it affects the functions of the Authority; and comply with any directions relating to the policy of the Government that are given by the Minister to the Au­ thority in writing, provided that these instructions are 35 not contrary to this or any Act.
(b) 30 (3) 10 (1) 16 Waste Minimisation (Solids) Bill Part 2 cl 12 (2) Where a direction is given to the Authority under this section, the Minister must, as soon as practicable after giving the di­ rection,— (a) (b) publish a copy of it in the Gazette; and present a copy of it to the House of Representatives.

5 (2) (3) (4) 12 (1) 11 Membership of Authority (1) The Authority consists of no fewer than 8 and no more than 10 members appointed by the Minister.
Before appointing a member of the Authority, the Minister must publicly invite nominations of persons who wish to be 10 appointed as members of the Authority.

The members of the Authority hold ofﬁce during the pleasure of the Minister.

The powers of the Authority are not affected by any vacancy in its membership.
15 Eligibility for appointment as member of Authority The Minister must, in appointing a member of the Authority, have regard to the need for— (a) members to have between them a balanced mix of knowledge and experience in matters relevant to the 20 functions of the Authority, and an even representation of the public, private, and com­ munity sectors.
(b) (2) Knowledge and experience that is relevant includes know­ 25 ledge of and experience in— (a) (b) (c) (d) (e) the private waste minimisation sector: the public waste minimisation sector: the community organisation waste minimisation sector: the environment: industrial design, product design, process technology, 30 and similar disciplines: commerce: public education: (f) (g) (h) marketing and communications: (i) governance and public sector management.
35 17 Part 2 cl 13 Waste Minimisation (Solids) Bill 13 14 (1) Resignation from ofﬁce A member of the Authority may at any time resign from ofﬁce by written notice to the Minister.

Appointment of chairperson and deputy chairperson The Minister must appoint 1 of the members of the Authority 5 as the chairperson and another member as the deputy chairper­ son, after consultation with the Authority.
(2) A member appointed to the ofﬁce of chairperson or deputy chairperson, unless that person sooner ceases to be a member of the Authority, holds ofﬁce as chairperson or deputy chair­ 10 person during the pleasure of the Minister.
If the chairperson or deputy chairperson vacates ofﬁce as a member or is removed by the Minister from the ofﬁce of chair­ person or deputy chairperson, the Minister may appoint any existing member or any new member as chairperson or deputy 15 chairperson after consultation with the Authority.

(3) (4) Any person who is appointed as chairperson or deputy chair­ person may resign that ofﬁce by writing to the Minister with­ out resigning as a member of the Authority.
If the deputy chairperson is appointed as chairperson, he or she 20 must vacate ofﬁce as deputy chairperson.

(5) 15 Exercise of chairperson’s functions, powers, and duties by deputy chairperson (1) During every vacancy in the ofﬁce of chairperson, or while the chairperson is for any reason unable to perform the functions, 25 powers, and duties of the chairperson, the deputy chairperson has and may exercise all of the functions, powers, and duties of the chairperson.
(2) No acts done by the deputy chairperson acting as the chair­ person may in any proceedings be questioned on the grounds 30 that the occasion for the deputy chairperson so acting had not arisen or had ceased.

Authority deemed to be public authority The Authority is deemed to be a public authority for the pur­ poses of the Inland Revenue Acts.
35 16 18 17 (1) (2) 18 19 20 (1) (2) 21 Waste Minimisation (Solids) Bill Part 3 cl 21 Annual report on performance The Authority must, within 3 months of the end of each ﬁ­ nancial year, provide to the Minister an annual report on its operations during that ﬁnancial year.

The Minister must present a copy of the Authority’s annual 5 report to the House of Representatives under section 44A of the Public Finance Act 1989.
Further provisions applying to Authority The provisions in SSSccchhheeeddduuullleee 111 apply in relation to the Author­ ity.

10 Part 3 Waste Control Authorities Purpose The purpose of this Part is to revise the role and powers of ter­ ritorial authorities in relation to waste minimisation and man­ 15 agement.

Territorial authorities to be Waste Control Authorities Every territorial authority is the Waste Control Authority in its territory.
Territorial authorities may form joint Waste Control Author­ 20 ities with other territorial authorities to exercise waste min­ imisation and management functions over the joint territory of the co­operating territorial authorities.
Duties of Waste Control Authorities Every Waste Control Authority has responsibility for oversee­ 25 ing and regulating waste minimisation and management in its territory and must— (a) promote effective and efﬁcient waste minimisation and management in its territory in accordance with the prin­ ciples outlined in the New Zealand Waste Strategy: by 30 June 2006 adopt and implement a waste minimi­ sation and management plan that is consistent with the New Zealand Waste Strategy: (b) 30 19 Part 3 cl 22 Waste Minimisation (Solids) Bill (c) (d) (e) in adopting and implementing a waste minimisation and management plan under paragraph (b),— (i) have regard for the environmental, social, cul­ tural and economic costs and beneﬁts associated with the plan for its territory, New Zealand, and 5 the Earth: ensure no danger is posed to public health and no nuisance is created: (ii) review its waste minimisation and management plan at intervals not exceeding 3 years and— (i ) amend the plan to maintain consistency with the New Zealand Waste Strategy: amend its plan if it is proving ineffective as as­ sessed using criteria to be speciﬁed within the plan: (ii) in adopting and implementing a plan under paragraph (b) or amending its plan under paragraph (d)(i) or (ii), use the special consultative procedure speciﬁed in Part 6 of the Local Government Act 2002.
10 15 20 22 Waste minimisation and management plans Every waste minimisation and management plan must— (a) make provision for the minimisation of waste disposal through— (i) (ii) (iii) public education: supporting organisations striving to reduce waste 25 through product, process, or system design or re­ design: development of systems for reduction, reuse, re­ cycling and composting, material recovery, and energy recovery: 30 (b) make provision for the collection of waste: (c) require the licensing of every collector, transporter, transfer station operator, and disposal facility operator: require the separation at source of the— (i) (ii) (iii) organic fraction: reusable, recoverable, or recyclable fraction: residual fraction: (d) 20 35 (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) Waste Minimisation (Solids) Bill Part 3 cl 23 10 require that the separate fractions be kept separate by collectors and delivered to appropriate facilities: make provision for the appropriate processing of the organic fraction, recovery of the reusable, recoverable, and recyclable fraction, and treatment and disposal of 5 the residual fraction: incorporate provisions to give effect to prohibitions on disposal of materials to waste disposal facilities: provide for the payment and collection of any levy on waste disposal: provide for the effective and efﬁcient implementation of the plan, or for activities considered appropriate by the Waste Control Authority for that purpose to be under­ taken by, or under contract to, the Waste Control Au­ thority: provide for the Waste Control Authority to monitor compliance with requirements for the separation and appropriate handling of different types of wastes, and prohibitions on disposal of materials: provide for the sale or supply of receptacles for waste 20 containment and collection: specify the charging policy of the Authority for imple­ menting its waste minimisation and management plan subject to ssseeeccctttiiiooonnn 222888: cover all sources of waste including roads, berms, and 25 footpaths: provide for the estimation of the life expectancy of all current waste disposal facilities to which the residual fraction is sent and provide plans on where the residual fraction will be disposed of in the next 5, 10, and 25 30 years: provide a description and costing for post­closure man­ agement of the facilities used for disposal of the residual waste collected in the Waste Control Authority’s terri­ tory.
35 15 23 (1) Powers in respect of waste minimisation and management Every Waste Control Authority may— 21 Part 3 cl 24 Waste Minimisation (Solids) Bill (a) undertake or contract for any activity or provision of facility it considers appropriate for the efﬁcient and ef­ fective minimisation and management of solid waste in its territory: (b) make bylaws for the purposes stated in ssseeeccctttiiiooonnn 222444: (c) sell, and retain the proceeds from any sale of, any mar­ ketable product that results from any activity directly carried out by the Waste Control Authority.
5 Every Waste Control Authority must operate a system of li­ cences that requires all commercial collectors and transporters 10 of waste and all operators of transfer stations and disposal fa­ cilities to be licensed.

Every Waste Control Authority must allocate, in accordance with the policy stated in its waste minimisation and manage­ ment plan, the costs incurred in implementing that plan.

Every Waste Control Authority must collect the disposal levy from the operator of every disposal facility.
Every Waste Control Authority must, after assessing an organ­ isational waste minimisation plan under ssseeeccctttiiiooonnn 222666, approve or reject the plan.
20 15 Bylaws Every Waste Control Authority making bylaws under ssseeeccctttiiiooonnn 222333(((111)))(((bbb))) may do so for any or all of the following purposes: (a) prohibiting or regulating the generation or deposit of waste of any speciﬁed kind: requiring that wastes of speciﬁed kinds be separated at source from other wastes: regulating the collection, transportation, and allocation of waste of any speciﬁed kind: regulating operations concerned with the reuse, mater­ 30 ial recovery, recycling, energy recovery, treatment, or disposal of waste: 25 (b) (c) (d) (e) monitoring compliance with bans on disposing of ma­ (f) (g) terials to disposal facilities: monitoring compliance with requirements for separ­ 35 ation of wastes of different materials: recording the quantities and types of waste collected, transported, processed, or disposed of: (2) (3) (4) (5) 24 22 Waste Minimisation (Solids) Bill Part 3 cl 26 (h) (i) (j) (k) (l) recording the source and the destination of the waste collected and transported: regulating the mode of disposal of dead animals: prescribing charges to be paid in respect of the use of waste minimisation and management facilities pro­ 5 vided, owned, or operated by the Waste Control Author­ ity: controlling public access to waste minimisation and management facilities provided, owned, or operated by the Waste Control Authority: prohibiting the removal of waste intended for reuse, re­ covery, or recycling from receptacles provided by the Waste Control Authority by anyone other than the oc­ cupier of the property from which the waste in the re­ ceptacle has come or a person authorised by the Waste 15 Control Authority to remove such waste.
10 Licences In issuing licences under ssseeeccctttiiiooonnn 222333(((222))),,, every Waste Control Authority must— (a ) make the requirements and prohibitions speciﬁed in by­ 20 laws made under ssseeeccctttiiiooonnn 222444 as conditions of the li­ cences issued: require a suitable works performance bond or security for the performance of the work licensed or both: require the licensee to provide to the Waste Control Au­ 25 thority, at times or periods and in the form speciﬁed in the bylaws, reports setting out,— (i) (b) (c) in accordance with criteria speciﬁed in the by­ laws, the quantities and types of waste collected, transported, processed, or disposed of under the 30 licence: both the source and the destination of the waste collected and transported under the licence.
(ii) 25 26 Assessment of organisational waste minimisation plans In assessing an organisational waste minimisation plan for­ 35 warded to it under ssseeeccctttiiiooonnn 666555(((555))), a Waste Control Authority must— 23 Part 3 cl 27 Waste Minimisation (Solids) Bill (a) (b) (c) do so only on the basis of whether or not the plan con­ forms with the Waste Control Authority’s waste min­ imisation and management plan: accept or reject the plan within 20 working days of re­ ceiving it: if it rejects the plan, provide reasons for rejecting the plan and specify what is required for the Waste Control Authority to be able to approve the plan.
5 Collection of waste The collection of waste for any of the purposes listed in the 10 waste minimisation and management plan must be executed promptly, efﬁciently, and at regular and prescribed intervals to the satisfaction of the Medical Ofﬁcer of Health having juris­ diction in the territory.

If, in respect of any premises, the collection of waste is not 15 executed efﬁciently or at the prescribed intervals, the occupier or a Health Protection Ofﬁcer may serve notice on the Waste Control Authority.
If the Waste Control Authority receives a notice under sub­ section (2), the Waste Control Authority must,— (a) 20 if the collection service for the premise in question is carried out by the Waste Control Authority itself, re­ move the waste within 24 hours of receiving the notice: if the collection service for the premise in question is carried out under contract to the Waste Control Author­ 25 ity, inform the contractor within 12 hours of the notice being received by the Waste Control Authority and re­ quire the contractor to remove the waste within 12 hours of being so informed: if the collection service for the premise in question is 30 carried out under a licence issued by the Waste Con­ trol Authority but not under contract to it, inform the licensee within 12 hours of the notice being received by the Waste Control Authority and require the licensee to remove the waste within 12 hours of being so informed.
35 (b) (c) If the waste that is the subject of a notice issued under sub­ section (2) is not removed within the period speciﬁed under subsection (3)(a), (b), or (c), as the case may be, then the 27 (1) (2) (3) (4) 24 Waste Minimisation (Solids) Bill Part 3 cl 30 Waste Control Authority, contractor, or licensee respectively commits an offence against this Act.
28 (1) Allocation of costs Every Waste Control Authority must allocate the costs in­ curred in the implementation of its waste minimisation and 5 management plan so that the full costs of treatment and disposal of residual waste, including long­term post­closure management of the disposal facility, fall on the producers of residual waste.
(2) Where the waste minimisation and management plan so pro­ 10 vides, the costs of dealing with non­residual waste and of meeting other objectives of the plan may be met from speciﬁc rates imposed for this purpose or by further charges on pro­ ducers of residual waste or a combination of both.
29 Waste Control Authority to establish dedicated waste 15 minimisation unit Every Waste Control Authority must establish a dedicated waste minimisation unit the functions of which include— (a) facilitating and overseeing the implementation of the Waste Control Authority’s waste minimisation and 20 management plans: providing support to organisations in its area to de­ velop and implement organisational waste minimisation plans: facilitating, as far as possible, the local reuse, recovery, 25 recycling, composting where appropriate, and reduction in use of materials: carrying out the data gathering and reporting responsi­ bilities of the Waste Control Authority.
(b) (c) (d) 30 Requirement for Waste Control Authorities to report to Waste Minimisation Authority Every Waste Control Authority must report annually to the Waste Minimisation Authority, in a form to be speciﬁed by the Waste Minimisation Authority, on the quantity and types of materials being reused, recovered, recycled, treated, and 35 30 25 Part 3 cl 31 Waste Minimisation (Solids) Bill disposed of in its territory and on any other relevant matters, as requested by the Authority.
Grants Where a waste minimisation and management plan adopted under ssseeeccctttiiiooonnn 222111(((bbb))) and in force in respect of a territory so 5 provides, the Waste Control Authority for that area may make grants of money, or make advances on such terms and condi­ tions as it thinks ﬁt, (including, if the Waste Control Authority thinks ﬁt, a condition that the advance is to be free of interest), to any organisation, group, or person, for the purpose of the 10 promotion of, or providing assistance to achieve, waste reduc­ tion, reuse, material recovery, recycling, or energy recovery from waste.
Offences and penalties Every Waste Control Authority that contravenes ssseeeccctttiiiooonnn 15 222111(((bbb))) commits an offence and is liable on conviction to a ﬁne of $10,000 and a further ﬁne of $10,000 for each month that the offence continues.

Every Waste Control Authority that contravenes ssseeeccctttiiiooonnn 222777(((333)))(((bbb))) ooorrr (((ccc))) commits an offence and is liable on convic­ 20 tion to a ﬁne of $10,000 and a further ﬁne of $10,000 for each day that the offence continues.
Every Waste Control Authority, contractor, or licensee who commits an offence under ssseeeccctttiiiooonnn 222777(((444))) is liable on convic­ tion to a ﬁne of $10,000 and a further ﬁne of $10,000 for each 25 day it fails to collect the waste.
Part 4 Prohibition on disposal of materials Purpose The purpose of this Part is to prevent materials which can be 30 reused, recycled, or composted, or from which materials can be recovered, or from which energy can be biologically recov­ ered, using existing systems or systems which could be readily developed, from being disposed of in waste disposal facilities.
31 32 (1) (2) (3) 33 26 Waste Minimisation (Solids) Bill Part 4 cl 36 Prohibition on disposal 34 (1) A prohibition may be placed on the disposal of an item or material.

(2) No item or material prohibited from disposal under subsec­ tion (1) may be— (a) (b) delivered to a disposal facility by a transporter: accepted by a disposal facility operator for the purpose of disposal.

(3) A prohibition established under subsection (1) may only be imposed by Order in Council made under ssseeeccctttiiiooonnn 777333.
The Director may recommend to the Minister the making of an Order in Council in respect of any item or material which the Director considers should be prohibited from disposal.
(4) (5) Waste prohibited from delivery and disposal under subsec­ 5 10 tion (2) is permitted to be transported to, and disposed of in, a 15 landﬁll if the waste has been declared a biosecurity risk under the Biosecurity Act 1993 or if it is medical waste and has been subject to procedures, other than incineration, rendering it in­ nocuous.
35 (1) (2) (3) 20 Power to inspect waste transported or accepted The Waste Control Authority in whose territory a disposal fa­ cility is located has the power to make announced and unan­ nounced inspections of waste transported to the facility or ac­ cepted by the operators of the facility.

Inspections must be carried out in accordance with regulations.
25 SSSeeeccctttiiiooonnn 333444 is deemed to be complied with if, in the samples of waste inspected, no item or material which is prohibited from disposal under ssseeeccctttiiiooonnn 333444 constitutes more than the percent­ age, by weight, permitted by regulations.
Offences and penalties 36 (1) Where a transporter or an operator of a disposal facility fails to comply with ssseeeccctttiiiooonnn 333444, the transporter or operator commits an offence and is,— (a) on the ﬁrst occasion, liable on summary conviction to a ﬁne of $1,000: 30 35 27 Part 5 cl 37 Waste Minimisation (Solids) Bill (2) 37 (b) (c) on the second occasion, liable on summary conviction to a ﬁne of $10,000: on the third and subsequent occasions, liable on sum­ mary conviction to a ﬁne of $100,000 and loss of licence to operate.
5 It is a defence against conviction under subsection (1) that the transporter or the operator of the disposal facility took all reasonable measures to exclude material that is prohibited from disposal under ssseeeccctttiiiooonnn 333444, but cost to exclude material is not a basis for determining whether a measure is reasonable.
10 Part 5 Waste disposal levy Purpose The purpose of this Part is to impose a levy on the disposal of residual waste so as to discourage its generation and to provide 15 funding to support processes, systems, and products that min­ imise resource use and waste production, including the oper­ ation of the Waste Minimisation Authority and the waste min­ imisation activities of local authorities.
38 (1) Disposal facilities to have weighbridges Every disposal facility must operate a weighbridge to weigh the material received by it for disposal.

20 (2) Weighbridges operated under subsection (1) must be certi­ ﬁed at 12­monthly intervals by an accredited certiﬁer.
Returns of waste received Every operator of a disposal facility must— (a) (b) keep a full and accurate record of the weight of waste received by the facility for disposal: provide the relevant Waste Control Authority with a summary report of this record, in a form speciﬁed in 30 regulations, on a monthly basis.
25 39 28 Waste Minimisation (Solids) Bill Part 5 cl 44 Imposition of levy 40 (1) A levy must be charged by the operator of a disposal facility at a rate to be speciﬁed under ssseeeccctttiiiooonnn 444111 on all material received for the purpose of disposal.

(2) A levy under subsection (1) may be set at different rates for 5 different types of waste.
41 (1) (2) Amount of levy Subject to subsection (2), the amount of levy under ssseeeccctttiiiooonnn 444000(((111))) ooorrr (((222))) must be established on an annual basis by the Governor­General by Order in Council on the recommenda­ 10 tion of the Minister, following an evaluation of the effective­ ness of the levy in accordance with ssseeeccctttiiiooonnn 444555.

The levy is initially to be set at a rate of $25 per tonne.
Itemisation of levy 42 (1) A levy under ssseeeccctttiiiooonnn 444000 must be listed as a separate item, 15 indicated by the words “Disposal levy”, immediately above the cash due line on any receipt issued by the operator of the disposal facility to— (a) (b) the person who delivers the material to the operator; or any company that has contracted with the operator for 20 the disposal facility to receive waste from the company.
If a levy is charged at different rates under ssseeeccctttiiiooonnn 444000(((222))), then it must be listed separately for each type of waste.

(2) Payment and apportionment of levy 43 (1) A levy collected by the operator of the waste disposal facility 25 must be paid monthly, at the same time as the return of the amount of waste received is submitted, to the relevant Waste Control Authority.
Every Waste Control Authority must transfer to the Authority, on a monthly basis, 50% of the amount of levies it receives.
(2) 30 44 (1) Use of levy The portion of levies transferred to the Authority must be used, in order of priority,— 29 Part 5 cl 44 Waste Minimisation (Solids) Bill (a) (b) (c) (d) (e) to fund the establishment, on­going operation, and ful­ ﬁlment of functions of the Authority: in the ﬁrst 2 years after this Act comes into force, to subsidise businesses, and public and community organ­ isations having 20 or more full­time equivalent workers 5 to develop organisation waste minimisation plans and initiatives and to otherwise comply with this Act: in the third to ﬁfth years after this Act comes into force, to subsidise businesses, and public and community or­ ganisations having 5 or more full­time equivalent work­ 10 ers to develop organisation waste minimisation plans and initiatives and to otherwise comply with this Act: in the sixth to tenth years after this Act comes into force, to subsidise businesses, and public and commu­ nity organisations having fewer than 5 full­time equiva­ 15 lent workers to develop organisation waste minimisa­ tion plans and initiatives and to otherwise comply with this Act: at any time, to support initiatives consistent with the functions of the Authority.
20 If, in any year, the Authority is unable to utilise the full amount of levies it receives from the Waste Control Authorities, it must divide the excess into 4 equal amounts and— (a) 25 carry over a quarter of the excess for its use in the sub­ sequent year: transfer a quarter of the excess back to the Waste Con­ trol Authorities: transfer a quarter of the excess to the Energy Efﬁciency and Conservation Authority for use in achieving its en­ ergy waste minimisation and resource conservation pur­ 30 poses: transfer a quarter of the excess to the Ministry for the Environment for use in contaminated site remediation and other pollution prevention and environmental pro­ tection work.
35 (b) (c) (d) The portion of the levy retained by Waste Control Authorities, or obtained as a transfer back from the Authority, must be used to support — (2) (3) 30 Waste Minimisation (Solids) Bill Part 5 cl 47 (a) (b) the establishment and on­going operation of the Waste Control Authorities’ waste minimisation units: regional and local initiatives aimed at reducing waste and resource use in ways suited to the regional and local situation.
5 45 (1) (2) (3) Evaluation of effectiveness of levy The Minister must assess annually the effectiveness of the levy in decreasing the disposal of waste and use of resources com­ pared with the level in the previous year using criteria to be determined by the Authority.

If the levy is proving effective in decreasing the amount of waste being received by disposal facilities for disposal, the Minister must recommend its continuation at a level equal to the existing amount adjusted for inﬂation.
If the levy is not proving effective in decreasing the amount 15 of waste being received by disposal facilities for disposal, the Minister must recommend— (a) (b) an increase in the levy by at least 50%; and an investigation into why the levy has not been effect­ ive.

10 20 (4) Despite subsection (3), if the levy has proved ineffective for at least 3 years, the Minister may recommend discontinuing the levy.
46 47 (1) Estimation in case of non­payment If an operator of a disposal facility fails to pay the levy, in 25 accordance with ssseeeccctttiiiooonnn 444333(((111))), the Waste Control Author­ ity may, if necessary, estimate an amount and serve notice on the defaulting operator of the estimated amount along with a penalty amount of 10% of the estimated amount for each month the levy is not paid and the time allowed for payment.
30 Offences and penalties Every operator of a disposal facility commits an offence and is liable on summary conviction— (a) to a ﬁne of $10,000 who fails, without reasonable ex­ cuse, to operate according to ssseeeccctttiiiooonnn 333888; or 35 31 Part 6 cl 48 Waste Minimisation (Solids) Bill (b) (c) (d) (e) 5 to a ﬁne of $100,000, loss of licence or 6 months’ im­ prisonment or any combination of these penalties where the operator refuses or knowingly fails, without reason­ able excuse, to keep a full and accurate record as re­ quired under ssseeeccctttiiiooonnn 333999(((aaa))); or to a ﬁne of $100,000, loss of licence or 6 months’ im­ prisonment or any combination of these penalties where the operator refuses to submit, without reasonable ex­ cuse, a return under ssseeeccctttiiiooonnn 333999(((bbb))); or to a ﬁne of $100,000, loss of licence or 6 months’ im­ 10 prisonment or any combination of these penalties where the operator deliberately submits an inaccurate or false return; or to a ﬁne of $100,000, loss of licence or 6 months’ im­ prisonment or any combination of these penalties where 15 the operator refuses or fails, without reasonable excuse, to comply with ssseeeccctttiiiooonnn 444333(((111))).
(2) Every Waste Control Authority that fails to transfer levy funds received by it to the Authority under ssseeeccctttiiiooonnn 444333(((222))) commits an offence and is liable to a ﬁne of $100,000.
20 (3) Any offence against this Act committed by an employee of the operator of a disposal facility or Waste Control Authority in the course of employment is deemed to be committed by the operator or Waste Control Authority if it is proved that the act or omission constituting the offence occurred with the 25 employer’s principal authority, permission, or consent.
Part 6 Extended producer responsibility Purpose The purpose of this Part is to require producers of goods to 30 take responsibility for their products throughout the lifecyle of the products including the responsibility to avoid disposal of the products when they become non­functional, out­dated, or unwanted.
48 32 49 50 (1) Waste Minimisation (Solids) Bill Part 6 cl 51 Brand­owners to take responsibility for products A brand­owner must not sell, offer for sale, or otherwise dis­ tribute a product, for which a product stewardship programme is required, in New Zealand, unless— (a) the brand­owner operates a product stewardship pro­ 5 gramme, with respect to the product, approved in ac­ cordance with ssseeeccctttiiiooonnn 555333; or the brand­owner contracts with a product stewardship organisation for the purpose of operating a product stewardship programme, with respect to the product, 10 approved in accordance with ssseeeccctttiiiooonnn 555333.
(b) Brand­owner and product stewardship organisation to conﬁrm chain of responsibility for product Before a brand­owner may sell, offer for sale, or otherwise distribute a product in New Zealand,— (a) 15 the brand­owner must notify the Director in writing which duties prescribed in the product stewardship pro­ gramme it will carry out and which duties it will con­ tract to a named product stewardship organisation: the product stewardship organisation named by the 20 brand­owner must conﬁrm in writing to the Director which duties of a product stewardship programme it will carry out on behalf of a brand­owner in relation to a product.
(b) (2) Overall responsibility for meeting the duties of the product 25 stewardship programme remains with the brand­owner and any penalties imposed by the Director for failure to fulﬁl the duties of the product stewardship programme must be taken against the brand­owner.
51 (1) Notice to be given of consideration of need for product stewardship programme The Director must give notice, in accordance with subsec­ tions (2) and (3), of the Director’s intention to consider whether there should be a product stewardship programme for a product.
30 35 (2) A notice under subsection (1) must be given by simultan­ eously placing a public notice in the New Zealand Herald, the 33 Part 6 cl 52 Waste Minimisation (Solids) Bill Waikato Times, the Dominion Post, the Christchurch Press, and the Otago Daily Times.

(3) A notice under subsection (1) must be published on at least 4 consecutive Saturdays immediately prior to the Director be­ ginning consideration of the need for a product stewardship 5 programme.
(4) A notice under subsection (1) must invite persons or organ­ isations wishing to be part of a product advisory group for the product being considered to nominate people for this role within 2 weeks of the ﬁnal public notice for a product being 10 published.

15 (2) Product stewardship programmes required 52 (1) A product stewardship programme is required for every prod­ uct in respect of which an Order in Council has been made under ssseeeccctttiiiooonnn 777333.
The Director may recommend to the Minister the making of an Order in Council in respect of a product for which the Director considers a product stewardship programme is required, or the revocation of an Order in Council if the Director considers a product stewardship programme is no longer required for a 20 product.
The Director must, unless the product advisory group, consti­ tuted under subsection (4), gives reasons the Director thinks are adequate for not recommending a product stewardship pro­ gramme, recommend a product stewardship programme for a 25 product if— (a) (b) (3) the product contains toxic or hazardous constituents: toxic or hazardous substances are used in the manufac­ ture of the product or its packaging: the product poses a threat to the safe or efﬁcient oper­ 30 ation of the solid waste system or facilities within it: the product or material it is made of, in part or wholly, is prohibited from disposal in disposal facilities: the product places a signiﬁcant economic burden on local authorities for end­of­life management because 35 there is a signiﬁcant amount of the product in the waste stream or because the nature of the product makes it dif­ ﬁcult to manage in the existing solid waste system: (c) (d) (e) 34 Waste Minimisation (Solids) Bill Part 6 cl 53 (f) there is signiﬁcant potential for increased reuse, recov­ ery and recycling of the product and the components or materials of which it is comprised.
Product advisory groups for all products for which the Dir­ ector is considering recommending a product stewardship pro­ 5 gramme must be— (a) formed within 60 days of notice last being given under ssseeeccctttiiiooonnn 555111(((111))) that the Director is considering making a recommendation to the Minister for a product stew­ ardship programme: comprised of, but not limited to, representatives of consumers, manufacturers, non­proﬁt non­government organisations, local gov­ ernment, recycling, and solid waste minimisation and management service providers.
distributors, retailers, 10 15 (b) Product advisory groups advising the Director on the desirabil­ ity of a product stewardship programme under subsection (3) must do so within 30 days of being formed.

The Director must decide whether or not to make a recommen­ dation to the Minister under subsection (2) within 60 days of 20 receiving advice from the product advisory group.
Approval of product stewardship programmes For the purposes of ssseeeccctttiiiooonnn 555000, a brand­owner must submit a product stewardship programme to the Director for review and approval within 270 days of the making of an Order in 25 Council in respect of a product for which a product steward­ ship programme is required.
The Director must seek advice on a proposed product stew­ ardship programme from the relevant product advisory group within 30 days of receiving a proposed product stewardship 30 programme.

The product advisory group must provide advice to the Dir­ ector on a proposed product stewardship programme within 60 days of the advice being requested by the Director.
The Director may— (a) (b) approve the product stewardship programme: decline to approve the product stewardship programme: 35 35 (4) (5) (6) 53 (1) (2) (3) (4) Part 6 cl 53 Waste Minimisation (Solids) Bill seek further information from the brand­owner.

(c) The Director must provide a brand­owner with reasons if the Director declines to approve a programme under subsection (4)(b).
The Director must approve or decline to approve a product 5 stewardship programme under subsection (4)(a) or (b) within 90 days of receiving advice on it from the product advisory group including any time spent obtaining additional information from the brand­owner.
The Director may approve a product stewardship programme 10 under subsection (4)(a) provided the Director is satisﬁed that the programme adequately provides for— (a) consumer awareness of the proper use and storage of the product: consumer awareness of the product stewardship pro­ 15 gramme for the product: the collection of the product at the end of its life, and any packaging associated with the product, whether or not the product was sold, offered, or otherwise distributed in New Zealand before or after the product stewardship 20 programme was approved: the reduction in the use of materials in the product’s manufacture: the reduction in waste created during the manufacture or use of the product or at the end of its life: reporting to the Director concerning compliance with the product stewardship programme: the term of the product stewardship programme: the manner in which the term of the product stewardship programme may be extended or amended.
30 25 (b) (c) (d) (e) (f) (g) (h) In deciding whether to approve a product stewardship pro­ gramme, or the amendment or extension of a product stew­ ardship programme, the Director may consider— (a) the timelines and effectiveness of the product steward­ ship programme in respect of the matters in subsection 35 (7)(a) to (h): the population and geographical area of the markets in which the product is sold, offered for sale, or otherwise distributed: (b) (5) (6) (7) (8) 36 Waste Minimisation (Solids) Bill Part 6 cl 53 (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) the manner in which the product is marketed and re­ tailed by the brand­owner: the nature of the product and its packaging: the amount of the product expected to be sold annually: the amount of the product reaching the end of its life 5 annually: the accessibility and location of collection facilities: the manner and degree to which consumers are in­ formed of the collection facilities for the product: the methods of product and packaging collection, stor­ 10 age, transport and management: the existence of product stewardship programmes oper­ ated by other brand­owners for the product: the structure of ﬁnancial and operational co­operation with other brand­owners: the degree of adherence to the preferred order of activity in the waste minimisation hierarchy: the extent and frequency of reporting: the extent to which the product stewardship programme has been complied with up to the time the amendment 20 or extension is sought and the reasons for any non­com­ pliance: the advice of the product advisory group.
15 (o) For the purposes of subsection (8)(l), the waste minimisation hierarchy is— (a) (b) (c) avoid, eliminate, or substitute products: reduce the use of the products: eliminate or reduce the generation of waste from the manufacture and use of the product: reuse the product: recover material from the product for other uses: recycle material from the product for use in making the same product again: recycle material from the product for use in making other products: recover material from the product for energy produc­ tion: treat material from the product to reduce the hazard it poses: (d) (e) (f) (g) (h) (i) 25 30 35 37 (9) Part 6 cl 54 Waste Minimisation (Solids) Bill (j) contain the material from the product in a place and way that poses least environmental and health risk.
(10) To be valid, any amendment or extension of a product stew­ ardship programme must be approved by the Director.

54 Product stewardship programmes may include deposits or fees 5 (3) (2) (1) As part of their product stewardship programmes, brand­ owners may impose a fully­ or partially­refundable deposit or a non­refundable fee on the purchase price of their products.

If a partially­refundable deposit is imposed under subsection 10 (1), a non­refundable fee must not also be imposed.
If a refundable deposit or a fee is imposed on the purchase price of a product, this must be itemised separately on any re­ ceipt issued to the buyer of the product, being shown imme­ diately above the cash due line using the words “Refundable 15 No­Waste Deposit” and “Non­Refundable No­Waste Fee” re­ spectively.

If more than one product for which a refundable deposit or non­refundable fee is charged is included on one receipt, the deposits or fees or both must be itemised separately for each 20 product.
(4) Targets The Director may set targets for the reduction in waste gen­ erated in association with the manufacture, distribution, use, and end­of­life of a product.
If the Director sets targets under subsection (1), the Director must— (a) (b) set dates by which the targets must be met: do so at the time that the Director makes a recommen­ dation to the Minister in respect of the requirement for 30 a proposed product stewardship programme 25 If targets are set under subsection (1), these targets must be incorporated into the product stewardship programme for the product.
55 (1) (2) (3) 38 56 57 (1) Waste Minimisation (Solids) Bill Part 6 cl 57 Timelines Brand­owners must implement and comply with a product stewardship programme approved by the Director for a prod­ uct within 90 days of the approval of the programme by the Director.
5 Reporting on product stewardship programmes Every brand­owner must, by 28 February each year, provide to the director an annual report detailing the effectiveness of the brand­owner’s product stewardship programme during the previous calendar year including, but not limited to, the fol­ 10 lowing: (a) reused: recovered for use for other purposes: recycled: recovered for energy production: treated to make it less hazardous or voluminous: disposed of.
the total amount of the product sold or otherwise dis­ tributed in New Zealand: the total amount of product collected from buyers: the total amount of collected product in storage: the total amount and percentage of collected product that was— (i) (ii) (iii) (iv) (v) (vi) a list of the uses to which the collected products or the materials recovered from them were put: a description of the processes used to recover for ma­ terials, recycle, recover for energy production, treat and dispose of the collected products: the methods of collection of end­of­life products: the location of return collection facilities : the location of any facility where the collected product was stored, treated or disposed of: the types of consumer information, educational mater­ ials and strategies adopted under the product steward­ ship programme: the annual ﬁnancial statements, as prepared by inde­ pendent audit, of the revenues received and expenditure 15 20 25 30 35 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) 39 Part 6 cl 58 Waste Minimisation (Solids) Bill (l) incurred by the brand­owner in implementing its prod­ uct stewardship programme: the process of internal accountability used to monitor the environmental effectiveness of the product steward­ ship programme.
5 (2) On receipt of a report under subsection (1), the Director may require that a brand­owner— (a) make amendments to the product stewardship pro­ (b) gramme: submit a new product stewardship programme to the 10 Director for recommendation to the Minister.

(3) 58 (1) If the Director requires that a product stewardship programme be amended, the brand­owner must implement such changes within 90 days of the Director notifying the brand­owner of the changes required.
Product stewardship programme to be imposed If a brand­owner fails to obtain approval for its proposed prod­ uct stewardship programme for a product within the time re­ quired, it may accept a product stewardship programme im­ posed by the Director.

(2) An imposed product stewardship programme must comply with ssseeeccctttiiiooonnnsss 555999 tttooo 666222.
(3) Acceptance of an imposed product stewardship programme enables the brand­owner to sell, offer for sale, or otherwise distribute the product in New Zealand.

(4) A brand­owner must comply with the requirements of an im­ posed product stewardship programme within 180 days of be­ ing notiﬁed of the Director’s decision to impose the product stewardship programme.
Provision of consumer information 59 (1) A brand­owner must provide to each seller of the brand­owner’s product, free of charge, consumer infor­ mation in the forms speciﬁed in subsections (2) and (3) on— (a) safe use and storage of the products: 15 20 25 30 35 40 Waste Minimisation (Solids) Bill Part 6 cl 60 (c) (b) (d) safe storage and handling of the products at the end of their lives: the location of and access to facilities where end­of­life products can be taken: any refundable deposit or fee charged by the brand­ 5 owner to facilitate it taking responsibility for the end­ of­life collection and processing of the products.
The consumer information provided under subsection (1) must be posted by the seller in the form of at least one clearly visible sign with minimum dimensions of 41 cm by 29 cm and 10 a minimum print font size of 24 points that is in contrasting colour to the background colour of the sign at each point of display of the product.

The consumer information provided under subsection (1) must also be distributed by the seller as a printed hand­out to 15 each buyer of the product at the point of sale.
In addition to the information supplied under subsection (1)(c), a brand­owner must notify the public of the location and hours of operation of its collection facilities in an area for the ﬁrst 52 weeks after the collection facility is opened 20 by inserting an advertisement in a newspaper serving the consumers’ area.

(2) (3) (4) (5) An advertisement under subsection (4) must have minimum dimensions of 14 cm width by 10 cm height and be published once every week.
25 Collection of end­of­life products 60 (1) A brand­owner must operate a collection facility for end­of­ life units for the product to which a product stewardship pro­ gramme relates.

The collection facility must be either— (a) at the premises of the sellers of the product in question: or (2) 30 (b) within 5 kilometres by road from each seller’s premises.
(3) A brand­owner must— (a) make its collection facility available to any consumer 35 who wishes to return the brand­owner’s end­of­life 41 Part 6 cl 61 Waste Minimisation (Solids) Bill (b) products, or packaging associated with the new prod­ ucts, to the brand­owner: operate its collection facility during the hours of 7am to 7pm at least 5 days a week, one day of which must be Saturday or Sunday.

(4) A brand­owner may seek from the Director a waiver from the (5) requirement speciﬁed in subsection (3)(b).
The Director may grant a waiver to the requirement speciﬁed in subsection (3)(b) if the Director believes the requirement is unreasonable considering— (a) the geographical area the collection facility would serve: the population of the area: the total amount of end­of­life product, and packaging associated with new products, expected to be received 15 by the collection facility: any other factor that the Director believes is relevant.
(b) (c) (d) 5 10 Brand­owner to observe waste minimisation hierarchy 61 (1) A brand­owner, in implementing an imposed product stew­ ardship programme, must handle all end­of­life products and 20 packaging associated with new products, collected at a collec­ tion facility provided by that brand­owner, to maximise reuse, material recovery, and recycling of material and minimise re­ covery for energy production, treatment and disposal.
In no case may the percentage of end­of­life products being 25 reused, recovered for materials or recycled be less than 75% of the amount received by the collection facility.

Brand­owner to report on imposed product stewardship programme A brand­owner on whom a product stewardship programme 30 is imposed by the Director must report to the Director on the performance and effectiveness of the product stewardship pro­ gramme in accordance with ssseeeccctttiiiooonnn 555777.
(2) 62 42 Waste Minimisation (Solids) Bill Part 7 cl 65 Offences and penalties 63 (1) A brand­owner who contravenes ssseeeccctttiiiooonnnsss 444999(((aaa))),,, 444999(((bbb))),,, 555000(((111))),,, 555333(((111))),,, 555333(((111000))),,, 555444(((333))),,, 555444(((444))),,, 555555(((333))),,, 555666,,, 555777(((111))),,, 555777(((333))),,, 555888(((444))),,, 555999,,, 666000,,, 666111,,, aaannnddd 666222 commits an offence.
(2) A person convicted of an offence under subsection (1) is 5 liable to a penalty of all or any of the following: (a) (b) (c) a ﬁne not exceeding $100,000: imprisonment for a term not exceeding 6 months: a prohibition on selling the product to which the product stewardship programme relates.
(3) A separate offence is committed for each day that the brand­ owner is in contravention of the sections speciﬁed in subsec­ tion (1) and in this case separate ﬁnes, each up to the maxi­ mum ﬁne, may be imposed for each day the offence continues.

Part 7 Organisational waste minimisation plans Purpose The purpose of this Part is to encourage all organisations to actively endeavour to minimise their waste production through implementing a plan with this aim.
Organisational waste minimisation plans Every business or public organisation existing on the date on which this Act comes into force must develop, adopt, and im­ plement an organisational waste minimisation plan that is con­ sistent with the New Zealand Waste Strategy by— (a) 1 January 2008, if the organisation employs more than 19 full­time equivalent people: 1 January 2011, if the organisation employs from 5 to 19 full­time equivalent people: 1 January 2016, if the organisation employs fewer than 30 5 full­time equivalent people.
(b) (c) (2) (3) Every business or public organisation established after the date on which this Act comes into force must adopt and implement an organisational waste minimisation plan before commencing operation.
Every business or public organisation may from time to time— 35 43 10 15 20 25 64 65 (1) Part 7 cl 66 Waste Minimisation (Solids) Bill (a) (b) amend its organisational waste minimisation plan; or revoke its organisational waste minimisation plan, and substitute a new organisational waste minimisation plan.
Every organisational waste minimisation plan must provide 5 for— (a) the minimisation of waste generated by the organisation using methods in accordance with the waste hierarchy as outlined in the New Zealand Waste Strategy: the separation at source, and the separate collection, of 10 the organic fraction, the reusable, recoverable or recy­ clable fraction, and the residual fraction of the waste produced by the organisation: (b) (c) measures to ensure that materials which are prohibited (d) (e) from disposal are not included in any of the residual 15 waste collected from the organisation: the keeping of a full and accurate record of the amount of each fraction of waste produced by the organisation: the relevant Waste Control Authority to monitor the or­ ganisation’s compliance with requirements for the sep­ 20 aration of different types of wastes and prohibitions on disposal of waste.
Every business and public organisation must provide its waste minimisation plan to the Waste Control Authority of the loca­ tion in which the organisation operates if requested to do so by 25 that Waste Control Authority within 20 working days of being so requested.

Every organisational waste minimisation plan requires the ap­ proval of the Waste Control Authority in the location in which the organisation operates.
30 Public event organisers to have waste minimisation plans Every organiser of a public event must have in place a waste minimisation plan that gives effect to the principles of the New Zealand Waste Strategy and provides for— (a) minimisation of the waste generated at the event: (b) separation of wastes which are generated and appropri­ ate handling after the event.
35 (4) (5) (6) 66 (1) 44 Waste Minimisation (Solids) Bill Part 8 cl 68 (2) No territorial authority may issue a consent or permit for any public event unless— (a) it has received from the event organiser a waste minimi­ sation plan for the event; and is satisﬁed that adequate measures will be taken to min­ 5 imise the generation of waste at the event; and is satisﬁed that any waste produced will be separated and dealt with according to its type.
(b) (c) (3) A territorial authority may— (a) (b) require a waste minimisation bond as a condition of is­ 10 suing a consent or permit for any event: retain the bond if the event organiser fails to act in ac­ cordance with the measures indicated in its waste min­ imisation plan.

For the purpose of this section, public event means any event 15 held in a public space and for which any form of permit or consent is required by the territorial authority.
Offences and penalties Every business or public organisation commits an offence and is, on summary conviction, liable to a ﬁne not exceeding 20 $10,000 that fails to— (a) develop, adopt, and implement a waste minimisation plan in accordance with ssseeeccctttiiiooonnn 666555(((111)))(((aaa))),,, (((bbb))),,, ooorrr (((ccc))) ooorrr ssseeeccctttiiiooonnn 666555(((222))); or (b) make available its waste minimisation and management 25 plan in accordance with ssseeeccctttiiiooonnn 666555(((555))).
Every public event organiser and local authority that fails to act in accordance with ssseeeccctttiiiooonnn 666666(((111))) ooorrr (((222))) commits an offence and is liable, on summary conviction, to a ﬁne not exceeding $10,000.
30 Part 8 Public procurement policy Purpose The purposes of this Part is to decrease waste generation by supporting the development of markets for goods which either 35 function in ways that decrease waste production or are unlikely (4) 67 (1) (2) 68 45 Part 8 cl 69 Waste Minimisation (Solids) Bill to become waste, and for the public sector to lead by example in making purchasing decisions that minimise waste.
Public organisations to support markets for goods and services that reduce waste Every public organisation must have a procurement policy that 5 explicitly demonstrates its commitment to the principles of the New Zealand Waste Strategy by— (a) 10 requiring any purchasing of goods and services to give preference to those goods and services that in them­ selves facilitate a decrease in waste generation: requiring any purchase of goods to also give preference to those goods that— (i) are able to be repaired should they cease to func­ tion as intended: are able to be reused, recovered for material or 15 energy, or recycled once they are considered no longer suitable for their intended use: are made from recovered or recycled materials: (iii) requiring contracted service providers to conform with the procurement procedures speciﬁed in the policy.
(ii) 20 (b) (c) In deciding which products to purchase on the basis of sub­ section (1), any consideration of the difference in cost of the products must— (a) be made on the basis of their capital and operating costs over the period of the full lifetime of the most durable 25 product: not inﬂuence the decision unless it amounts to more than 33% of the least cost option.
(b) Part 9 Public reporting Purpose The purpose of this Part is for public organisations to provide the public with information about the organisations’ perform­ ances in terms of decreasing their waste generation and re­ source use.
30 35 69 (1) (2) 70 46 71 (1) (2) 72 73 (1) Waste Minimisation (Solids) Bill Part 10 cl 73 Public organisations to report on waste generation and resource use Every public organisation must include in its annual report information concerning the amounts of— (a) material it has used: (b) waste it has generated which has been effectively reused, recovered or recycled: waste it has disposed of— (c) in providing the services it provides either directly or through contracts.
Every public organisation must include in its annual report an assessment of its performance in minimising its waste and re­ source use judged against criteria to be speciﬁed in the organ­ isation’s waste minimisation plan.
Information and assessment to be provided to Authority The information speciﬁed in ssseeeccctttiiiooonnn 777111(((111))) and the assess­ ment made under ssseeeccctttiiiooonnn 777111(((222))) must be forwarded to the Au­ thority, in a form speciﬁed by the Authority, within 3 months of the issue of the organisation’s annual report.
Part 10 Regulations Regulations The Governor­General may from time to time, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: (a) prescribing products for which product stewardship programmes must be implemented: prescribing requirements in relation to the labelling of products and packaging in terms of their composition, ability to be recycled and recycled material content: prescribing requirements in relation to the materials of which products are made: prohibiting items and materials from being transported to or accepted by operators of disposal facilities for burial or burning: (b) (c) (d) 47 Part 10 cl 74 Waste Minimisation (Solids) Bill (e) (f) (g) (h) (i) (j) (k) 5 prohibiting materials from being used in the manufac­ ture of, being part of, or being used in products sold, of­ fered for sale or otherwise distributed in New Zealand: imposing levies aimed at reducing the generation of waste: requiring speciﬁed classes of persons to supply pre­ scribed information to the relevant Waste Control Au­ thority or the Authority in a form speciﬁed by the Au­ thority for the purpose of compiling statistics on waste generation and resource use: specifying the procedures to be used in inspecting waste transported to, or accepted by, operators of waste dis­ posal facilities: specifying the percentages of items and materials pre­ sent in a sample of waste which must not be exceeded 15 for the sample to comply with any bans on disposal: prescribing offences in respect of the contravention of, or non­compliance with, any provision of any regula­ tions made under this section: prescribing the amount of the ﬁnes that may be imposed 20 in respect of any offences against any regulation made under this section, which ﬁnes must be an amount not exceeding $100,000.
10 Before recommending the making of regulations under this section, the Minister must— (a) publicly notify the proposal to make the regulations; and give interested persons a reasonable time, which must be speciﬁed in the notice published under paragraph (a) and be not be less than 40 working days, to make 30 submissions on the proposed regulations; and consult with such persons as the Minister in each case considers appropriate.
(b) (c) 25 Incorporation of material by reference Regulations made under ssseeeccctttiiiooonnn 777333 may incorporate the fol­ 35 lowing information by reference: (a) standards, requirements, or recommended practices of international or national organisations: (2) 74 (1) 48 Waste Minimisation (Solids) Bill Part 10 cl 75 (b) any other written material or document that, in the opin­ ion of the Minister, is too large or impractical to be printed as part of the regulations.
(2) Material incorporated into regulations by reference under sub­ section (1) forms part of the regulations for all purposes.

5 (3) Unless otherwise provided in the regulations, every amend­ ment to material incorporated by reference that is made by the person or organisation originating the material is, subject to subsection (4), part of the regulations.

The Minister must, by notice in the Gazette, specify the date 10 on which an amendment to material incorporated by reference takes effect.
(4) 75 (1) (2) (3) (4) Conﬁdentiality of information This section applies to information supplied to Waste Control Authorities and to the Authority in accordance with regula­ 15 tions made under ssseeeccctttiiiooonnn 777333(((111)))(((ggg))).

The information may be used only for statistical purposes.
Subject to subsection (5), no person, other than an employee of the relevant Waste Control Authority or the Authority, may be permitted to see information that relates to a particular per­ 20 son, except for the purposes of a prosecution or proposed pros­ ecution against regulations made under ssseeeccctttiiiooonnn 777333.
Except for the purposes of a prosecution or proposed prosecu­ tion against regulations made under ssseeeccctttiiiooonnn 777333, information that is not particular to any 1 person— (a) may be disclosed only to— 25 (i) (ii) an employee of the relevant Waste Control Au­ thority or the Authority; or a person to whom the information relates; and (b) may be published only in accordance with subsection 30 (5).
(5) Waste Control Authorities and the Authority may publish stat­ istical information only if it is arranged in such a manner as to prevent any information published from being identiﬁable by any person, other than the person who supplied the informa­ 35 tion, as information relating to a particular person, unless— 49 Part 10 cl 76 Waste Minimisation (Solids) Bill (a) (b) that person has consented to the publication of the in­ formation in that manner, or has already permitted its publication in that manner; or the publication of the information in that manner could not reasonably have been foreseen by the Waste Control 5 Authority or the Authority or any employee of the Waste Control Authority or the Authority.
Offences and penalties Every person commits an offence and is liable, on summary conviction, to a ﬁne not exceeding $10,000 who, without law­ 10 ful excuse, publishes or discloses, otherwise than in accord­ ance with ssseeeccctttiiiooonnn 777555, any information to which that section applies.
Amendment to Ombudsmen Act 1975 The Ombudsmen Act 1975 is amended by inserting in Part II 15 of the First Schedule, in its appropriate alphabetical order, the following item: “Waste Minimisation Authority.” Amendment to Ofﬁcial Information Act 1982 The Ofﬁcial Information Act 1982 is amended by inserting in 20 the First Schedule, in its appropriate alphabetical order, the following item: “Waste Minimisation Authority.” Amendment to Public Finance Act 1989 The Public Finance Act 1989 is amended by inserting in the 25 Fourth, Fifth, Sixth, and Seventh Schedules, in its appropriate alphabetical order, the following item: “Waste Minimisation Authority.” 76 77 78 79 50 6 7 (1) (2) Waste Minimisation (Solids) Bill Part 2 cl 7 Part 2 Product stewardship Purpose of Part The purpose of this Part is to encourage (and, in certain cir­ cumstances, require) the people and organisations involved in 5 the life of a product to share responsibility for— (a) ensuring there is effective reduction, reuse, recycling, or recovery of the product; and (b) managing any environmental harm arising from the product when it becomes waste.
10 Priority products Declaration of priority products The Minister may, by notice in the Gazette, declare a product to be a priority product.
The Minister must not make the declaration unless he or she 15 is satisﬁed that— (a) either— (i) (ii) the product will or may cause signiﬁcant envir­ onmental harm when it becomes waste; or there are signiﬁcant beneﬁts from reduction, 20 reuse, recycling, recovery, or treatment of the product; and (b) the product can be effectively managed under a product stewardship scheme.
(3) Before the Minister makes the declaration, he or she— (a) must obtain and consider the advice of the Waste Advi­ 25 sory Board; and (b) must consider any public concerns about environmen­ tal harm associated with the product when it becomes waste (including concerns about its disposal); and (c) must provide the public with an opportunity to comment on the proposal; and (d) must consider the effectiveness of any relevant volun­ tary product stewardship scheme in terms of the criteria set out in sssuuubbbssseeeccctttiiiooonnn (((222))); and (e) may consider any other matters that he or she thinks 30 35 relevant.
51 Part 2 cl 8 Waste Minimisation (Solids) Bill (4) The Minister may, by notice in the Gazette, revoke a declar­ ation made under sssuuubbbssseeeccctttiiiooonnn (((111))), if he or she is satisﬁed that it is appropriate to do so.
Product stewardship schemes 8 9 Product stewardship schemes required for priority products As soon as practicable after a product is declared to be a pri­ ority product,— (a) a product stewardship scheme for the product must be developed; and accreditation of the scheme must be obtained.

(b) 5 10 Voluntary product stewardship schemes A product stewardship scheme that has been developed for a non­priority product may be accredited under this Part.
10 Ministerial guidelines for product stewardship schemes 15 (1) (2) for priority products The Minister may, by notice in the Gazette, publish guidelines about the contents and expected effects of product stewardship schemes for priority products.

The guidelines may be general guidelines or guidelines that 20 apply to 1 or more products.
(3) Without limiting sssuuubbbssseeeccctttiiiooonnn (((111))), the guidelines may include 1 or more of the following matters: (a) (b) the duration of a scheme: the expected reduction in harm to the environment from 25 the implementation of a scheme or the expected beneﬁts from reduction, reuse, recycling, recovery, or treatment of the product to which a scheme relates: the time within which the matters speciﬁed in pppaaarrraaa­­­ gggrrraaappphhh (((bbb))) are expected to occur: the expected waste minimisation, treatment, or disposal objectives for the product to which a scheme relates and the time frames for meeting them: 30 (c) (d) 52 Waste Minimisation (Solids) Bill Part 2 cl 12 (4) (f) (e) reporting and information requirements, including in­ formation to be provided to purchasers, users, and han­ dlers of the product to which a scheme relates: the time within which an application for accreditation of the scheme is expected to be made under ssseeeccctttiiiooonnn 111111.
Before the Minister makes any guidelines, he or she must— (a) obtain and consider the advice of the Waste Advisory Board; and be satisﬁed that there has been adequate consultation with persons or organisations who may be signiﬁcantly 10 affected by the guidelines.

(b) 5 Accreditation of product stewardship schemes Application for accreditation 11 (1) A scheme manager may apply to the Minister for accreditation (2) 12 15 of a product stewardship scheme.
The application must— (a) (b) (c) (d) (e) (f) be made in writing in the prescribed manner (if any); and include the prescribed information (if any); and be accompanied by the prescribed fee (if any); and identify how the scheme meets the requirements for ac­ creditation under ssseeeccctttiiiooonnn 111222; and identify whether regulations under ssseeeccctttiiiooonnn 222000 ooorrr 222111 will be required to implement the scheme; and include evidence of the agreement of the participants in 25 the scheme (being the persons referred to in ssseeeccctttiiiooonnn 111222(((eee)))).
20 Requirements for accreditation To qualify for accreditation, a product stewardship scheme must— (a) (b) identify the scheme manager: provide a description of the scope of the scheme, includ­ ing the product or brand of product to which it applies: set— (i) (c) measurable waste minimisation, treatment, or 35 disposal objectives for the product; and 30 53 Part 2 cl 13 Waste Minimisation (Solids) Bill time frames for meeting the objectives: (ii) list the classes of person involved in the design, manu­ facture, sale, use, servicing, collection, recovery, recy­ cling, treatment, and disposal of the product: list the persons who have agreed to participate in the 5 scheme and assign responsibility to them for meeting the scheme’s objectives: specify the arrangements for— (i) (ii) (iii) making decisions under the scheme: the control and overall operation of the scheme: keeping records and making reports under the scheme: 10 specify the scheme’s expiry date: identify the processes for compliance and enforcement of any agreements between participants to the scheme: provide for assessing the scheme’s performance and for reporting on its performance to the Minister: set out a strategy for publication of the scheme: set out how information will be provided to purchasers, users, and handlers of the product to which the scheme 20 relates: clearly outline how the scheme is to be funded.
15 (d) (e) (f) (g) (h) (i) (j) (k) (l) Accreditation The Minister must accredit a product stewardship scheme if he or she is satisﬁed that the scheme— (a) meets the requirements of ssseeeccctttiiiooonnn 111222; and (b) 25 is likely to meet the scheme’s objectives within the time frames set in the scheme; and is likely to promote waste minimisation or reduce the environmental harm from disposing of the product to 30 which the scheme relates without, in either case, caus­ ing greater environmental harm over the life cycle of the product; and is consistent with New Zealand’s international obliga­ tions; and if the scheme relates to a priority product, is consistent with any guidelines published under ssseeeccctttiiiooonnn 111000.
35 (c) (d) (e) 13 (1) 54 Waste Minimisation (Solids) Bill Part 2 cl 15 (3) (2) Despite sssuuubbbssseeeccctttiiiooonnn (((111)))(((eee))), the Minister may accredit a prod­ uct stewardship scheme that is not consistent with any guide­ lines published under ssseeeccctttiiiooonnn 111000 if, before accrediting the scheme, he or she has obtained and considered the advice of the Waste Advisory Board.
Before deciding whether to accredit a product stewardship scheme, the Minister may seek further information from— (a) (b) the scheme manager; or any other person who, in the Minister’s opinion, is likely to be signiﬁcantly affected by the scheme.

(4) As soon as practicable after deciding whether to accredit a product stewardship scheme, the Minister must provide to the scheme manager written notice of the decision and the reasons for the decision.
5 10 15 (3) 14 Variation of accredited scheme (1) An accredited scheme may be varied.

(2) However, no variation to an accredited scheme has any effect until the scheme, as varied, is re­accredited under ssseeeccctttiiiooonnn 111333.
SSSuuubbbssseeeccctttiiiooonnn (((222))) does not apply if the variation to the scheme is a variation that will not adversely affect the scheme’s ob­ 20 jectives or its ability to meet those objectives within the time frames set in the scheme but, if the variation adds 1 or more participants to the scheme or adds 1 or more brands of product to which the scheme relates, the scheme manager must notify the Minister, in writing, of the addition not more than 5 work­ 25 ing days after the scheme is varied.
15 (1) Expiry of accreditation The accreditation of a product stewardship scheme expires on the earlier of the following dates: (a) (b) the date speciﬁed in the scheme as its expiry date: 7 years after the date that notice is given under ssseeeccctttiiiooonnn 111333(((444))).
30 (2) However, the accreditation of an existing product stewardship scheme continues if,— 55 Part 2 cl 16 Waste Minimisation (Solids) Bill (a) (b) not later than 6 months before its expiry date, the scheme manager applies for accreditation of a scheme to replace it; and at the expiry date, the application for the replacement scheme has not been determined by the Minister under 5 ssseeeccctttiiiooonnn 111333.
(3) A product stewardship scheme to which sssuuubbbssseeeccctttiiiooonnn (((222))) ap­ plies continues as an accredited scheme until the date that the replacement scheme is accredited or the application concerned is declined by the Minister under ssseeeccctttiiiooonnn 111333.
10 Revocation of accreditation The Minister may revoke the accreditation of an accredited scheme if— (a) he or she is satisﬁed that— (i) (ii) reasonable steps are not being taken to imple­ 15 ment the scheme; and the scheme’s objectives are not being met or are not likely to be met within the time frames set in the scheme; or (c) (b) he or she is satisﬁed that the reporting requirements for 20 the scheme are not being complied with; or the product to which the scheme relates was not a prior­ ity product at the date of the scheme’s accreditation, but has subsequently been declared a priority product, and he or she is satisﬁed that the objectives of the scheme 25 are no longer adequate in relation to the product.
The Minister must not revoke the accreditation of an ac­ credited scheme unless he or she— (a) (b) notiﬁes the scheme manager in writing; and provides a reasonable opportunity for the scheme man­ 30 ager to make submissions on whether the scheme’s ac­ creditation should be revoked.

Accredited scheme subject to other laws An accredited scheme applies subject to any other enactment, the general law, and any bylaws (within the meaning of the 35 Local Government Act 2002).
16 (1) (2) 17 56 Waste Minimisation (Solids) Bill Part 2 cl 20 Monitoring of accredited schemes 18 Monitoring of accredited schemes The Secretary may— (a) monitor the performance of an accredited scheme; and (b) recover the costs of doing so from the scheme manager 5 (on behalf of the scheme) as a charge in the prescribed manner.
19 Monitoring costs recoverable as debt if unpaid Any charge payable to the Secretary under ssseeeccctttiiiooonnn 111888 is re­ coverable as a debt by the Secretary in a court of competent 10 jurisdiction.
Regulations in relation to priority products, accredited schemes, products, materials, and waste 20 (1) (2) Regulations in relation to priority products and accredited 15 schemes The Governor­General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: (a) prohibiting the sale of a priority product, except in ac­ 20 cordance with an accredited scheme: prescribing the manner in which applications for ac­ creditation of a product stewardship scheme must be made: prescribing the information to be included in an appli­ 25 cation for accreditation: prescribing the fee payable for an application for ac­ creditation (which may include the reasonable costs in assessing and accrediting a scheme): prescribing the charges payable to the Secretary for the 30 monitoring of an accredited scheme.
(b) (c) (d) (e) Before recommending the making of regulations under sssuuubbb­­­ ssseeeccctttiiiooonnn (((111)))(((aaa))), the Minister must— (a) obtain and consider the advice of the Waste Advisory Board; and be satisﬁed that— (b) 35 57 Part 2 cl 21 Waste Minimisation (Solids) Bill (i) there has been adequate consultation with per­ sons or organisations who may be signiﬁcantly affected by the regulations; and (ii) without the regulations, it is likely that either— (A) (B) the objectives of any relevant accredited 5 scheme cannot be met; or the matters referred to in ssseeeccctttiiiooonnn 111000(((333)))(((bbb))) ooorrr (((ddd))) that are included in any guidelines published under ssseeeccctttiiiooonnn 111000 cannot be met; and 10 (3) are (iv) (iii) regulations consistent with New the beneﬁts expected from implementing the regulations exceed the costs expected from im­ plementing the regulations; and the Zealand’s international obligations.
For the purposes of sssuuubbbssseeeccctttiiiooonnn (((111)))(((eee))), regulations may pro­ vide for charges payable to the Secretary using 1 or more of the following methods: (a) (b) (c) ﬁxed charges: charges ﬁxed on an hourly or other unit basis: estimated charges paid before any monitoring, followed by reconciliation and an appropriate payment or refund after the monitoring: actual and reasonable charges (having regard to the di­ rect and indirect costs of any monitoring): refundable or non­refundable deposits paid before any monitoring of an accredited scheme.
(d) (e) 15 20 25 (4) However, if more than 1 charging method is provided, the Sec­ retary must use the method that he or she believes on reason­ able grounds to be the most suitable and equitable in the cir­ 30 cumstances concerned.
Regulations in relation to products (whether or not priority products), materials, and waste The Governor­General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or 35 more of the following purposes: 21 (1) 58 (a) (b) (c) (d) (e) (f) (g) (h) (i) Waste Minimisation (Solids) Bill Part 2 cl 21 Control or prohibition on disposal, sale, etc controlling or prohibiting the disposal, or anything done for the purpose of disposing, of products or waste: controlling or prohibiting the manufacture or sale of products that contain speciﬁed materials: Take­back services, fees, and refundable deposits requiring speciﬁed classes of person to provide a take­ back service for products, and prescribing requirements for— (i) (ii) the take­back service; and the reuse, recycling, recovery, treatment, or dis­ posal of products taken back: 5 10 (ii) setting fees payable for the management of a product and specifying— (i) the class or classes of person who must pay the 15 fee; and the stages in the life of the product where the fee must be paid; and the purposes to which the fee must be applied: (iii) requiring speciﬁed classes of person to charge a deposit 20 on the sale of a product, requiring the deposits to be re­ funded in speciﬁed circumstances, and prescribing re­ quirements for the application of any deposits not re­ funded: Labelling of products prescribing requirements for the labelling of a product: 25 Quality standards for any product or material that has become waste, pre­ scribing standards to be met when reusing, recycling, or recovering the product or material: requiring speciﬁed persons or speciﬁed classes of per­ son to ensure that the standards prescribed under pppaaarrraaa­­­ gggrrraaappphhh (((ggg))) are met: 30 Information to be collected and provided requiring speciﬁed persons or speciﬁed classes of per­ 35 son to collect, and provide to the Secretary, information about any requirements imposed in regulations made under pppaaarrraaagggrrraaappphhh (((aaa))),,, (((bbb))),,, (((ccc))),,, (((ddd))),,, ooorrr (((eee))): 59 Part 2 cl 22 Waste Minimisation (Solids) Bill (j) Miscellaneous providing for any other matter contemplated by this Part.
The Minister must not recommend the making of regula­ tions— (a) under sssuuubbbssseeeccctttiiiooonnn (((111)))(((aaa))), unless he or she is satisﬁed that there is adequate infrastructure and facilities in place to provide a reasonably practicable alternative to disposal or, if not, that a reasonable time is provided before the regulations come into force for adequate 10 infrastructure and facilities to be put in place: under sssuuubbbssseeeccctttiiiooonnn (((111)))(((bbb))), unless a reasonably practic­ able alternative to the speciﬁed materials is available.
(b) 5 Before recommending the making of regulations under sssuuubbb­­­ ssseeeccctttiiiooonnn (((111))), the Minister must— (a) obtain and consider the advice of the Waste Advisory Board; and be satisﬁed that— (i) (b) 15 there has been adequate consultation with per­ sons or organisations who may be signiﬁcantly 20 affected by the regulations; and the beneﬁts expected from implementing the regulations exceed the costs expected from im­ plementing the regulations; and the Zealand’s international obligations.
consistent with New 25 regulations are (ii) (iii) New Zealand Customs Service to provide information about priority products New Zealand Customs Service to provide information about priority products The Secretary may request, in writing, the New Zealand Cus­ toms Service to provide to the Secretary any information that the New Zealand Customs Service holds about the importers and importation of priority products.

The New Zealand Customs Service must comply with a re­ 35 quest as soon as practicable.
30 (2) (3) 22 (1) (2) 60 Waste Minimisation (Solids) Bill Part 3 cl 25 (3) Information provided to the Secretary under this section may be used by the Secretary only for the purpose of administering and enforcing regulations made under this Part.
Part 3 Waste disposal levy 23 Purpose of Part The purpose of this Part is to enable a levy to be imposed on waste disposed of to— (a) raise revenue for promoting and achieving waste min­ imisation; and increase the cost of waste disposal to recognise that dis­ posal imposes costs on the environment, society, and the economy.

(b) Levy must be paid Levy imposed on waste disposed of at disposal facility 24 (1) A levy is imposed on waste disposed of at a disposal facility.
(2) However, sssuuubbbssseeeccctttiiiooonnn (((111))) does not apply to waste disposed of at a disposal facility if— (a) the facility is exempted from the levy by regulations made under this Part; or the waste concerned is exempted from the levy by regu­ lations made under this Part.
(b) 5 10 15 20 (3) For all purposes relating to the levy, disposal does not include the deposit of waste onto land if, not later than 3 months after its deposit (or any later time that the Secretary has agreed to 25 in writing), the waste is— (a) (b) reused or recycled; or recovered or treated on the land and removed from the land for deposit elsewhere; or removed from the land for any other reason.
(c) 30 25 Rate of levy The levy is payable on the amount of waste disposed of at a disposal facility— (a) at the prescribed rate; or 61 Part 3 cl 26 Waste Minimisation (Solids) Bill (b) if the rate is not prescribed, at the rate (exclusive of goods and services tax) of— $10 per tonne; or (i) $10 per unit of volume that, in accordance with (ii) regulations made under this Part, is considered 5 equivalent to a tonne.
26 (1) (2) (3) (4) Operator of disposal facility must pay levy to levy collector The operator of a disposal facility must pay the levy on waste disposed of at the facility.

The amount of levy payable must be calculated in accordance with regulations made under this Part.

The levy must be paid to the levy collector in the prescribed manner and at the prescribed times.

This section is subject to ssseeeccctttiiiooonnn 222777.
27 Waiver of levy payment The Secretary may waive, in writing, the requirement for an operator to pay any amount of levy, if satisﬁed that exceptional circumstances justify the waiver.
Distribution and spending of levy money (b) (c) Secretary must distribute and spend levy money The Secretary must distribute and spend all levy money re­ ceived by— (a) paying any refunds to operators in accordance with regulations made under ssseeeccctttiiiooonnn 333999(((111)))(((kkk))); and paying shares to territorial authorities in accordance with ssseeeccctttiiiooonnnsss 222999 aaannnddd 333111; and spending the remainder on 1 or more of the following: (i) (ii) collecting and administering the levy: funding projects that the Minister has approved 30 for funding under ssseeeccctttiiiooonnn 333666: administration costs relating to projects that the Minister has considered or approved for funding (for example, the costs of approving or declining funding or of auditing the projects).
(iii) 35 10 15 20 25 28 62 Waste Minimisation (Solids) Bill Part 3 cl 30 29 (1) Territorial authorities to receive share The Secretary must pay each territorial authority a share of the total levy money collected in respect of a ﬁnancial year.
(2) A territorial authority’s share is calculated using the following formula: 5 territorial authority’s share = (levy collected − levy refunded) 2 × district’s population total population where— levy collected levy refunded is the total levy money collected in re­ spect of the ﬁnancial year is the total levy money refunded in re­ spect of the ﬁnancial year in accordance with regulations made under ssseeeccctttiiiooonnn 333999(((111)))(((kkk))) district’s population is— (a) (b) the population of the district of the territorial authority as shown by the census of population pub­ lished most recently before the start of the ﬁnancial year; or if the district was constituted, or its boundaries were altered, af­ ter that census was published, the population of the district assessed by the Government Statistician as at the date of the district’s consti­ tution or boundary alteration is the total of all districts’ populations.
total population (3) (4) 30 The territorial authority’s share must be paid to the territorial authority in the prescribed manner and at the prescribed times.

This section is subject to ssseeeccctttiiiooonnn 333111.
Spending of levy money by territorial authorities A territorial authority may spend the levy money it receives 10 under ssseeeccctttiiiooonnn 222999 only— 63 Part 3 cl 31 Waste Minimisation (Solids) Bill (a) (b) on matters to promote or achieve waste minimisation; and in accordance with its waste management and minimi­ sation plan.
31 Secretary must retain levy money instead of paying territorial authority in certain situations (1) Despite ssseeeccctttiiiooonnn 222999, the Secretary must retain levy money payable to a territorial authority if,— (a) at the time the payment is to be made, the territorial authority has not— (i) adopted a waste management and minimisation plan; or reviewed its waste management and minimisa­ tion plan under ssseeeccctttiiiooonnn 444888, if a review was re­ quired before the time for payment; or (ii) (b) the Minister has directed the Secretary to retain the pay­ ment under ssseeeccctttiiiooonnn 333555.
(2) The Secretary must spend any money retained under sssuuubbbssseeeccc­­­ tttiiiooonnn (((111))) in accordance with ssseeeccctttiiiooonnn 222888(((ccc))).
Estimated levy and unpaid levy 5 10 15 20 Estimation of amount of levy payable This section applies if the levy collector considers that an amount of levy payable by an operator under ssseeeccctttiiiooonnn 222666 cannot be accurately calculated because the operator— (a) did not provide records or information in accordance 25 with any prescribed requirement; or provided records or information that the levy collector considers, on reasonable grounds, to be incomplete or incorrect.
(b) The levy collector may,— (a) in the prescribed manner, estimate the amount of levy payable; and (b) make a written demand for the amount from the oper­ 30 ator.

32 (1) (2) 64 Waste Minimisation (Solids) Bill Part 3 cl 35 (3) Once the written demand is made, the estimated amount must be treated as the correct amount of levy payable by the operator under ssseeeccctttiiiooonnn 222666.
33 (1) Interest on unpaid levy If the operator of a disposal facility does not fully pay an 5 amount of levy (the original amount) by the close of the due day for payment, the levy owing is to be treated as having been increased by an amount calculated daily using the following formula: amount of increase = unpaid amount × prescribed rate 10 where— unpaid amount prescribed rate is any part of the original amount that re­ mains unpaid on the day of calculation has the same meaning as in section 87(3) of the Judicature Act 1908.
(2) Any amount of increase calculated under sssuuubbbssseeeccctttiiiooonnn (((111))) is not itself subject to an increase under that subsection.

34 Unpaid levy is debt Any levy payable to a levy collector is recoverable as a debt by the levy collector in a court of competent jurisdiction.
15 Minister’s functions in relation to levy 35 Minister may direct Secretary to retain payment to territorial authority The Minister may direct the Secretary to retain 1 or more pay­ ments of levy money to a territorial authority in respect of a 20 ﬁnancial year, if he or she is satisﬁed that the territorial author­ ity has not met any of the following requirements or standards in respect of the previous ﬁnancial year: (a) the requirement to spend levy money in accordance with ssseeeccctttiiiooonnn 333000: a performance standard set by the Minister under ssseeeccc­­­ tttiiiooonnn 444777: any prescribed requirement to provide records or infor­ mation.
(b) (c) 25 65 Part 3 cl 36 Waste Minimisation (Solids) Bill 36 Minister may approve funding of projects to promote or (1) (2) (3) (4) (5) achieve waste minimisation The Minister may approve funding of any project to promote or achieve waste minimisation.

The Minister may approve funding of a project on any terms 5 or conditions that he or she thinks ﬁt.
In deciding whether to approve funding of a project, the Min­ ister— (a) must consider any criteria notiﬁed under sssuuubbbssseeeccctttiiiooonnn (((444))); and 10 (b) may consider any other matters that he or she thinks relevant.

The Minister may, by notice in the Gazette, set or vary criteria for approving funding of a project under this section.

Before setting or varying criteria, the Minister must obtain and 15 consider the advice of the Waste Advisory Board.
37 Minister must review effectiveness of levy (1) The Minister must review the effectiveness of the levy— (a) not later than 2 years after the commencement of this Part; and then at intervals of not more than 3 years after the last review.
(b) (2) In undertaking a review, the Minister— (a) must obtain and consider the advice of the Waste Advi­ sory Board; and 20 25 (b) must consider whether the amount of waste disposed of in New Zealand has decreased since the last review (or the commencement of this Part, in the case of the ﬁrst review); and (c) must consider whether the amount of waste reused, 30 recycled, or recovered in New Zealand has increased since the last review (or the commencement of this Part, in the case of the ﬁrst review); and (d) may consider any other matters that he or she thinks relevant.
35 66 Waste Minimisation (Solids) Bill Part 3 cl 39 38 Minister may appoint levy collector (1) The Minister may, by notice in the Gazette,— (a) 5 appoint a person (instead of the Secretary) to collect the levy from the operators of 1 or more disposal facilities; or remove the person from that appointment.

(b) The terms of appointment may permit the appointed person to retain part of the levy money collected as a collection fee.
Subject to sssuuubbbssseeeccctttiiiooonnn (((222))), an appointed person must— (a) pay any levy money collected into a separate trust ac­ 10 count to be held on trust for the Secretary; and pay the levy money to the Secretary upon request.

(b) The levy money in the trust account is not available to pay any creditor of the appointed person (other than the Secretary) and is not liable to be attached or taken in execution at the instance 15 of any such creditor.
(2) (3) (4) (5) A person who ceases to be an appointed levy collector must maintain the trust account concerned until all the levy the col­ lector was appointed to collect is collected and paid to the Sec­ retary.
20 Regulations in relation to waste disposal levy and related matters 39 (1) Regulations in relation to waste disposal levy and related matters The Governor­General may, by Order in Council made on the 25 recommendation of the Minister, make regulations for 1 or more of the following purposes: (a) (b) (c) Imposition of levy prescribing any facility, or class of facility, at which waste is disposed of as a disposal facility for the pur­ 30 poses of this Act: specifying any disposal facility, or class of disposal fa­ cility, that is exempt from the levy: specifying the type, volume, or weight of any waste that is exempt from the levy, whether generally or in respect 35 of 1 or more disposal facilities: 67 Part 3 cl 39 Waste Minimisation (Solids) Bill (d) (e) (f) (g) (h) (i) (j) (k) (l) Rate of levy specifying that a single levy rate applies, or different levy rates apply, to different disposal facilities, classes of disposal facility, or types of waste: prescribing the rate of levy to apply to— (i) 1 or more disposal facilities or classes of disposal facility; or 1 or more types of waste: (ii) 5 Calculation and payment of levy prescribing the manner in which the amount of levy 10 payable by the operator of a disposal facility is calcu­ lated: prescribing the manner in which, and the times at which, the operator of a disposal facility must pay the levy: specifying when the operator of a disposal facility may 15 be allowed more time to pay the levy, and any condi­ tions that may apply to the payment: allowing an operator who objects on conscientious or religious grounds to paying the levy in the prescribed manner to pay it in another manner: prescribing the manner in which a levy collector may estimate the amount of levy payable by the operator of a disposal facility: 20 Distribution and spending of levy money providing for the refund of all or part of a payment of 25 levy money in any speciﬁc case or type of case: prescribing the manner in which, and the times at which, the Secretary must pay a share of levy money to a terri­ torial authority: (m) Miscellaneous providing for any other matter contemplated by this Part.
30 Before recommending the making of regulations under sssuuubbb­­­ ssseeeccctttiiiooonnn (((111)))(((aaa))),,, (((bbb))),,, (((ccc))),,, (((ddd))),,, ooorrr (((eee))), the Minister must— (a) obtain and consider the advice of the Waste Advisory 35 Board; and (2) 68 (3) (4) Waste Minimisation (Solids) Bill Part 4 cl 41 (b) (c) be satisﬁed that there has been adequate consultation with persons or organisations who may be signiﬁcantly affected by the regulations; and consider the costs and beneﬁts expected from imple­ menting the regulations.
The Minister must not recommend the making of regulations under sssuuubbbssseeeccctttiiiooonnn (((111)))(((bbb))),,, (((ccc))),,, ooorrr (((kkk))) unless he or she is sat­ isﬁed that exceptional circumstances justify the exemption or refund.
Regulations made under sssuuubbbssseeeccctttiiiooonnn (((111)))(((eee))),— (a) 5 10 if made on or before 30 June in any year, expire on the close of 30 June in the following year, unless Parliament passes an Act conﬁrming the regulations before they expire: if made on or after 1 July in any year, expire on the close 15 of 31 December in the following year, unless Parliament passes an Act conﬁrming the regulations before they expire.
(b) (5) To avoid doubt, if regulations expire under sssuuubbbssseeeccctttiiiooonnn (((444))), the levy rate speciﬁed in the regulations remains valid in re­ 20 spect of the period before expiry.

Part 4 Responsibilities of territorial authorities in relation to waste management and minimisation 40 Territorial authorities to encourage effective and efﬁcient waste management and minimisation A territorial authority must promote effective and efﬁcient waste management and minimisation within its district.
Compare: 1974 No 66 s 538 Waste management and minimisation plans 41 Waste management and minimisation plans (1) For the purposes of ssseeeccctttiiiooonnn 444000, a territorial authority must adopt a waste management and minimisation plan.
25 30 69 Part 4 cl 42 Waste Minimisation (Solids) Bill (2) A waste management and minimisation plan must provide for the following: (a) objectives and policies for achieving effective and ef­ ﬁcient waste management and minimisation within the territorial authority’s district: 5 (b) methods for achieving effective and efﬁcient waste management and minimisation within the territorial authority’s district, including— (i) collection, recovery, recycling, treatment, and disposal services for the district to meet its cur­ 10 rent and future waste management and minimi­ sation needs (whether provided by the territorial authority or otherwise); and any waste management and minimisation facil­ ities provided, or to be provided, by the territorial 15 authority; and any waste management and minimisation activ­ ities, including any educational or public aware­ ness activities, provided, or to be provided, by the territorial authority: 20 (ii) (iii) (c) (d) how implementing the plan is to be funded: if the territorial authority wishes to make grants or ad­ vances of money in accordance with ssseeeccctttiiiooonnn 444555, the framework for doing so.
(3) A territorial authority may amend its waste management and 25 minimisation plan or revoke it and substitute a new plan.

(4) A waste management plan adopted under Part 31 of the Local Government Act 1974 as at the commencement of this section must be treated as if it were a waste management and minimi­ sation plan adopted under this section, and this Part applies to 30 the plan accordingly.
Requirements when preparing, amending, or revoking plan In preparing, amending, or revoking a waste management and minimisation plan, a territorial authority must— (a) consider the following methods of waste management and minimisation (which are listed in descending order of importance): 35 42 70 Waste Minimisation (Solids) Bill Part 4 cl 44 5 reduction: reuse: recycling: recovery: treatment: disposal; and (i) (ii) (iii) (iv) (v) (vi) ensure that the collection, transport, and disposal of waste does not, or is not likely to, cause a nuisance; and have regard to the New Zealand Waste Strategy, or any government policy on waste management and minimi­ 10 sation that replaces the strategy; and have regard to the most recent assessment undertaken by the territorial authority under ssseeeccctttiiiooonnn 444999; and use the special consultative procedure set out in section 83 of the Local Government Act 2002 and, in doing so, 15 the most recent assessment undertaken by the territorial authority under ssseeeccctttiiiooonnn 444999 must be notiﬁed with the statement of proposal.
(b) (c) (d) (e) 43 Joint plans Two or more territorial authorities may jointly prepare and 20 adopt a waste management and minimisation plan for the whole or parts of their districts, and ssseeeccctttiiiooonnnsss 444111 aaannnddd 444222 apply accordingly, with all necessary modiﬁcations.
Funding of plans 44 (1) A territorial authority is not limited to applying strict cost re­ 25 covery or user pays principles for any particular service, facil­ ity, or activity provided by the territorial authority in accord­ ance with its waste management and minimisation plan.
(2) Without limiting sssuuubbbssseeeccctttiiiooonnn (((111))), a territorial authority may charge fees for a particular service or facility provided by the 30 territorial authority that is higher or lower than required to re­ cover the costs of the service or facility, or provide a service or facility free of charge, if— (a) it is satisﬁed that the charge or lack of charge will pro­ vide an incentive or disincentive that will promote the 35 objectives of its waste management and minimisation plan; and 71 Part 4 cl 45 Waste Minimisation (Solids) Bill the plan provides for charges to be set in this manner.
(b) Compare: 1974 No 66 s 544 45 (1) Grants If authorised to do so by its waste management and minimisa­ tion plan, a territorial authority may make grants or advances 5 of money to any person, organisation, group, or body of per­ sons for the purpose of promoting or achieving waste manage­ ment and minimisation.

(2) A grant or advance of money may be made on any terms or conditions that the territorial authority thinks ﬁt, including that 10 an advance of money is free of interest.
Compare: 1974 No 66 s 543 46 (1) (2) Governor­General may give directions to territorial authority The Governor­General may, by Order in Council made on the 15 recommendation of the Minister, direct a territorial authority to include, omit, or amend 1 or more provisions in its waste management and minimisation plan.
The Minister must not make a recommendation under sssuuubbb­­­ ssseeeccctttiiiooonnn (((111))) unless he or she is satisﬁed that— (a) 20 the territorial authority’s waste management and min­ imisation plan is inadequate to promote effective and efﬁcient waste management and minimisation within its district; or the proposed changes to the waste management and 25 minimisation plan will achieve or assist in achieving the New Zealand Waste Strategy, or any government policy on waste management and minimisation that replaces the strategy.
(b) (3) A territorial authority must, as soon as practicable, amend its 30 waste management and minimisation plan to give effect to a direction given to it under sssuuubbbssseeeccctttiiiooonnn (((111))).

SSSeeeccctttiiiooonnn 444222 does not apply to an amendment to a waste man­ agement and minimisation plan made under this section.
(4) 72 Waste Minimisation (Solids) Bill Part 4 cl 49 47 Minister may set performance standards for territorial (1) authorities The Minister may, by notice in the Gazette, set performance standards for the implementation of waste management and minimisation plans.

5 (2) A performance standard may apply generally, or to 1 or more territorial authorities.
Review of waste management and minimisation plans Review of waste management and minimisation plan 48 (1) A territorial authority must review its waste management and 10 minimisation plan— (a) (b) not later than 1 July 2012; and then at intervals of not more than 6 years after the last review.

15 (2) (3) Before conducting a review, the territorial authority must make an assessment under ssseeeccctttiiiooonnn 444999.
If, after the review, the territorial authority considers that the plan— (a) should be amended or revoked and a new plan substi­ 20 tuted, it must act under ssseeeccctttiiiooonnn 444222: should continue without amendment, it must use the special consultative procedure set out in section 83 of the Local Government Act 2002 and, in doing so, no­ tify the assessment with the statement of proposal.
25 (b) Requirements for waste assessment 49 (1) A waste assessment must contain— (a) (b) a description of the collection, recycling, recovery, treatment, and disposal services provided within the territorial authority’s district (whether by the territorial 30 authority or otherwise); and a forecast of future demands for collection, recycling, recovery, treatment, and disposal services within the district; and 73 Part 4 cl 49 Waste Minimisation (Solids) Bill (c) (d) (e) (f) a statement of options available to meet the forecast de­ mands of the district with an assessment of the suitabil­ ity of each option; and a statement of the territorial authority’s intended role in meeting the forecast demands; and a statement of the territorial authority’s proposals for meeting the forecast demands, including proposals for new or replacement infrastructure; and a statement about the extent to which the proposals will— (i) (ii) ensure that public health is adequately protected: promote effective and efﬁcient waste manage­ ment and minimisation.
(2) An assessment is not required to contain any assessment in (3) relation to individual properties.
Information is required for an assessment to the extent that the territorial authority considers appropriate, having regard to— (a) (b) the signiﬁcance of the information; and the costs of, and difﬁculty in, obtaining the information; and the extent of the territorial authority’s resources; and the possibility that the territorial authority may be di­ rected under the Health Act 1956 to provide the services referred to in that Act.
(c) (d) 5 10 15 20 (4) However, an assessment must indicate whether and, if so, to 25 what extent, the matters referred to in sssuuubbbssseeeccctttiiiooonnn (((333)))(((bbb))) aaannnddd (((ccc))) have impacted materially on the completeness of the as­ sessment.

In making an assessment, the territorial authority must— (a) use its best endeavours to make a full and balanced as­ 30 sessment; and consult the Medical Ofﬁcer of Health.
(5) (b) 74 Waste Minimisation (Solids) Bill Part 4 cl 53 Waste management and minimisation services, facilities, and activities 50 Waste management and minimisation services, facilities, and activities (1) A territorial authority may undertake, or contract for, any 5 waste management and minimisation service, facility, or activity (whether the service, facility, or activity is undertaken in its own district or otherwise).
(2) A territorial authority must exercise a power under sssuuubbbssseeeccc­­­ tttiiiooonnn (((111))), and charge fees associated with the exercise of the 10 power, in accordance with its waste management and minimi­ sation plan.
Compare: 1974 No 66 s 540 51 Proceeds from activities and services must be used in implementing waste management and minimisation plan A territorial authority may sell any marketable product result­ ing from any activity or service of the territorial authority car­ ried out under this Part, but any proceeds of sale must be used in implementing its waste management and minimisation plan.
Collection and disposal of waste 52 Waste must be collected promptly, efﬁciently, and 15 20 regularly A territorial authority that provides a service that collects waste, or any person who provides a service that collects waste on behalf of a territorial authority, must do so promptly, 25 efﬁciently, and at regular intervals.
Compare: 1974 No 66 s 540A 53 Health Protection Ofﬁcer may serve notice on territorial authority for causing nuisance (1) A Health Protection Ofﬁcer may serve notice on a territorial 30 authority if— (a) the territorial authority provides a waste collection ser­ vice to premises; and he or she considers that— (b) 75 Part 4 cl 54 Waste Minimisation (Solids) Bill (2) (i) (ii) the territorial authority has failed to collect waste from the premises promptly or efﬁciently; and the failure to do so is causing, or is likely to cause, a nuisance.
The notice must state— (a) (b) the premises to which it relates; and a description of the waste that needs to be collected from the premises; and the time frame in which the Health Protection Ofﬁcer expects the waste to be collected; and that failure to comply with the notice is an offence; and the Health Protection Ofﬁcer’s name and contact de­ tails.
(c) (d) (e) (3) On receipt of a notice under sssuuubbbssseeeccctttiiiooonnn (((111))), the territorial authority must— (a) (b) comply with the notice itself; or if applicable, give the notice to the person providing the waste collection service to the premises on its behalf and direct the person to comply with the notice.
5 10 15 (4) (5) The Medical Ofﬁcer of Health may collect and dispose of the 20 waste concerned, and may recover the reasonable costs of do­ ing so, as a debt due, from a territorial authority if the territorial authority, or any person collecting the waste on its behalf, fails to comply with a notice given under sssuuubbbssseeeccctttiiiooonnn (((111))).
In this section, Health Protection Ofﬁcer means a person des­ 25 ignated by the chief executive of the Ministry of Health as a Health Protection Ofﬁcer under the Health Act 1956.
Bylaws Bylaws 54 (1) A territorial authority may make bylaws for 1 or more of the 30 following purposes: (a) (b) (c) prohibiting or regulating the deposit of waste: regulating the collection and transportation of waste: regulating the manner of disposal of dead animals, in­ cluding their short­term storage pending disposal: 35 76 Waste Minimisation (Solids) Bill Part 4 cl 54 (d) (e) (f) prescribing charges to be paid for use of waste man­ agement and minimisation facilities provided, owned, or operated by the territorial authority: prohibiting, restricting, or controlling access to waste management and minimisation facilities provided, 5 owned, or operated by the territorial authority: prohibiting the removal of waste intended for recycling from receptacles provided by the territorial authority by anyone other than— (i) the occupier of the property from which the waste 10 in the receptacle has come; or a person authorised by the territorial authority to remove the waste.
(ii) (1A) A bylaw must not be inconsistent with the territorial author­ (2) ity’s waste management and minimisation plan.
Bylaws made under sssuuubbbssseeeccctttiiiooonnn (((111)))(((bbb))) may provide for the licensing of persons who commercially carry out the collection and transportation of waste, and the conditions speciﬁed in the bylaws as conditions of the licences may include conditions requiring each licensee— (a) 15 20 to provide a performance bond or security, or both, for the performance of the work licensed: to provide to the territorial authority, at times or periods speciﬁed in the bylaws, reports setting out the quantity, composition, and destination of waste collected and 25 transported by the licensee (for example, household waste to a disposal facility).
(b) (3) Despite anything to the contrary in the Local Government Act 2002, sections 151, 155, and 156 of that Act apply, with all necessary modiﬁcations, to any bylaw made under this section.
30 To avoid doubt,— (a) (4) ssseeeccctttiiiooonnn 444444 of this Act applies, but section 150(4) of the Local Government Act 2002 does not apply, to a terri­ torial authority when making a bylaw under this section in relation to waste management and minimisation fa­ 35 cilities provided, owned, or operated by the territorial authority: 77 Part 4 cl 55 Waste Minimisation (Solids) Bill (b) (c) the power of a territorial authority to make bylaws under this section is in addition to its power to make bylaws under the Local Government Act 2002: subject to pppaaarrraaagggrrraaappphhh (((aaa))), this section does not limit any provisions of the Local Government Act 2002 that 5 apply to a bylaw made under this section.
Compare: 1974 No 66 s 542 55 (1) Crown bound by bylaws The Crown is bound by any bylaw made by a territorial au­ thority under ssseeeccctttiiiooonnn 555444.

10 (2) However, the Minister may, by written notice to the territorial authority concerned, exempt the Crown from any bylaw by which it is bound under sssuuubbbssseeeccctttiiiooonnn (((111))), if he or she is satisﬁed that the exemption is in the national interest.
If a notice is given under sssuuubbbssseeeccctttiiiooonnn (((222))), the Minister must, 15 as soon as practicable after giving the notice, publish in the Gazette and present to the House of Representatives a copy of the notice.

(3) Review of bylaws 56 (1) A territorial authority must review a bylaw made by it under 20 ssseeeccctttiiiooonnn 555444— (a) (b) not later than 10 years after the bylaw was made; and then at intervals of not more than 10 years after the last review.
(2) A territorial authority must review a bylaw to which ssseeeccctttiiiooonnn 25 666222 applies— (a) (b) not later than 1 July 2012; and then at intervals of not more than 10 years after the last review.

For the purposes of sssuuubbbssseeeccctttiiiooonnnsss (((111))) aaannnddd (((222))), sections 160 30 and 160A of the Local Government Act 2002 apply, with all necessary modiﬁcations.
Regulations in relation to bylaws The Governor­General may, by Order in Council, make regu­ lations for the following purposes: 35 (3) 57 78 Waste Minimisation (Solids) Bill Part 4 cl 61 (a) (b) (c) prescribing offences against bylaws that are infringe­ ment offences under this Act: prescribing infringement fees (not exceeding $1,000) for infringement offences: prescribing the form of, and any additional particulars 5 required in, infringement notices issued under ssseeeccctttiiiooonnn 777222.
Relationship of this Part with Local Government Act 2002 58 (1) Relationship of this Part with Local Government Act 2002 In exercising its powers and performing its duties under this Part, a territorial authority must comply with the Local Gov­ ernment Act 2002.

10 (2) However, if a conﬂict arises between this Part and the Local 15 Government Act 2002, this Part prevails.
59 60 (1) (2) Consequential and transitional provisions Consequential repeal of Part 31 of Local Government Act 1974 Part 31 of the Local Government Act 1974 is consequentially 20 repealed.

Sanitary services The deﬁnition of sanitary services in section 124 of the Local Government Act 2002 is amended by omitting “(c),”.

Section 128(3)(b) of the Local Government Act 2002 is re­ 25 pealed.
61 Waste management plans (1) Clause 3(1)(b) of Part 1 of Schedule 10 of the Local Govern­ ment Act 2002 is amended by omitting “plan in force under section 539 of the Local Government Act 1974” and substitut­ 30 ing “and minimisation plan in force under ssseeeccctttiiiooonnn 444111 ooofff ttthhheee WWWaaasssttteee MMMiiinnniiimmmiiisssaaatttiiiooonnn AAAcccttt 222000000666”.
79 Part 4 cl 62 Waste Minimisation (Solids) Bill Clause 3(2) of Part 1 of Schedule 10 of the Local Government Act 2002 is amended by omitting “waste management plan” in each place where it appears and substituting in each case “waste management and minimisation plan”.

Clause 3(3) of Part 1 of Schedule 10 of the Local Government 5 Act 2002 is amended by omitting “waste management plan” and substituting “waste management and minimisation plan”.
Bylaws made or having effect under Local Government Act 1974 Bylaws made or having effect under Part 31 of the Local Gov­ 10 ernment Act 1974 that were in force immediately before the commencement of this section are deemed to be validly made under ssseeeccctttiiiooonnn 555444 of this Act and continue in force accord­ ingly, if validly made under the Local Government Act 1974.
Legal proceedings in relation to bylaws continued by sssuuubbbssseeeccc­­­ 15 tttiiiooonnn (((111))) that are pending by or against a territorial authority on the commencement of this section may be carried on, com­ pleted, enforced, or defended by or against the territorial au­ thority as if this Act had not been passed.
20 25 Part 5 Offences and enforcement Offences Offences The following persons commit an offence and are liable on summary conviction to a ﬁne not exceeding $100,000: (a) a producer who contravenes regulations made under ssseeeccctttiiiooonnn 222000(((111)))(((aaa))): any person (other than a producer) who knowingly contravenes regulations made under ssseeeccctttiiiooonnn 222000(((111)))(((aaa))): a person who contravenes regulations made under ssseeeccc­­­ 30 tttiiiooonnn 222111(((111)))(((ccc))),,, (((ddd))),,, (((eee))),,, (((fff))),,, ooorrr (((iii))): a person who knowingly contravenes regulations made under ssseeeccctttiiiooonnn 222111(((111)))(((aaa))),,, (((bbb))),,, (((ggg))),,, ooorrr (((hhh))): a person who contravenes regulations made under ssseeeccc­­­ tttiiiooonnn 888444(((111)))(((aaa))) ooorrr (((bbb))): 35 (b) (c) (d) (e) (2) (3) 62 (1) (2) 63 (1) 80 Waste Minimisation (Solids) Bill Part 5 cl 64 (f) a person who, in providing records or other information required by regulations made under ssseeeccctttiiiooonnn 222111(((111)))(((iii))) ooorrr 888444(((111)))(((aaa))),,, (((bbb))),,, ooorrr (((ccc))), knowingly— (i) (ii) makes any material omission.
supplies false or misleading information; or (2) A territorial authority that fails to comply with ssseeeccctttiiiooonnn 555333(((333))) commits an offence and is liable on summary conviction to a ﬁne not exceeding $20,000.
The following persons commit an offence and are liable on summary conviction to a ﬁne not exceeding $5,000: (a) (3) a person who intentionally prevents an enforcement of­ ﬁcer or auditor from carrying out his or her statutory functions or duties; or a person who— (i) (b) 5 10 refuses to give information when required to do 15 so by an enforcement ofﬁcer acting under ssseeeccc­­­ tttiiiooonnn 777666 or an enforcement ofﬁcer or auditor act­ ing under ssseeeccctttiiiooonnn 777777; or intentionally supplies false or misleading infor­ mation to an enforcement ofﬁcer acting under 20 ssseeeccctttiiiooonnn 777666 or an enforcement ofﬁcer or an audi­ tor acting under ssseeeccctttiiiooonnn 777777; or (ii) (c) a person who incites any other person to do an act re­ ferred to in pppaaarrraaagggrrraaappphhh (((aaa))) ooorrr (((bbb))).
(4) A territorial authority convicted of an offence under sssuuubbbssseeeccc­­­ 25 tttiiiooonnn (((222))) is liable, in addition to the penalty for the offence, for any reasonable costs incurred by the Medical Ofﬁcer of Health in collecting and disposing of the waste to which the offence relates.

Costs under sssuuubbbssseeeccctttiiiooonnn (((444))) must be assessed by the court.
(5) 30 64 Offences against bylaws Every person commits an offence who breaches a bylaw made under ssseeeccctttiiiooonnn 555444 and is liable on summary conviction to a ﬁne not exceeding $20,000.
81 Part 5 cl 65 Waste Minimisation (Solids) Bill Additional penalty for contravention involving commercial gain If a person is convicted of an offence under ssseeeccctttiiiooonnn 666333, the court may, on the application of the Secretary or the territorial authority, as the case may be, in addition to any penalty that 5 the court may impose under that section, order the person to pay an amount not exceeding the value of any commercial gain resulting from the contravention, if the court is satisﬁed that the contravention occurred in the course of producing a commercial gain.
The value of any gain must be assessed by the court, and any amount ordered to be paid is recoverable in the same manner as a ﬁne.

The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.
10 15 Strict liability and defences Strict liability In any prosecution for an offence speciﬁed in ssseeeccctttiiiooonnn 666333(((111)))(((aaa))),,, (((ccc))),,, ooorrr (((eee))),,, 666333(((222))),,, ooorrr 666444, it is not necessary to prove that the defendant intended to commit the offence.
20 Defences It is a defence to an offence against this Act, or a bylaw made under ssseeeccctttiiiooonnn 555444, if the court is satisﬁed— (a) that— (i) the act or omission giving rise to the offence was 25 necessary— (A) to save or protect life or health or prevent injury; or to prevent serious damage to property; or to avoid actual or likely signiﬁcant harm 30 to the environment; and (B) (C) (ii) (iii) the conduct of the defendant was reasonable in the circumstances; and the effects of the act or omission were adequately remedied or mitigated by the defendant after the 35 offence occurred; or 65 (1) (2) (3) 66 67 (1) 82 (2) 68 (1) (2) (3) (4) Waste Minimisation (Solids) Bill Part 5 cl 68 (b) that— (i) (ii) (iii) the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant; and the action or event could not reasonably have 5 been foreseen or prevented by the defendant; and the effects of the defendant’s act or omission were adequately remedied or mitigated by the de­ fendant after the offence occurred.
It is a defence to an offence against ssseeeccctttiiiooonnn 666333(((111)))(((aaa))),,, (((ccc))),,, ooorrr 10 (((eee))) if the court is satisﬁed— (a) the defendant took all reasonable steps to prevent or stop the commission of the offence; and the effects of the defendant’s act or omission giving rise to the offence were adequately remedied or mitigated by 15 the defendant after the offence occurred.
(b) Liability of principals for acts of agents Liability of principals for acts of agents The consequence speciﬁed in sssuuubbbssseeeccctttiiiooonnn (((222))) applies if a per­ son (person A) commits an offence against this Act while act­ 20 ing as an agent (including a contractor) or employee of another person (person B).

Person B is liable under this Act in the same manner and to the same extent as if person B had personally committed the offence.
The liability of person B under sssuuubbbssseeeccctttiiiooonnn (((222))) is without prejudice to the liability of person A.
If any proceedings are brought by virtue of sssuuubbbssseeeccctttiiiooonnn (((222))), it is a defence if person B proves,— (a) in the case of a natural person (including a partner in a 30 ﬁrm), that— (i) 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 all reasonable steps to prevent the 35 commission of the offence: in the case of a body corporate, that— (ii) (b) 25 83 Part 5 cl 69 Waste Minimisation (Solids) Bill (i) (ii) neither the directors nor any person involved in the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed; or the body corporate took all reasonable steps to 5 prevent the commission of the offence.
(5) If a body corporate is convicted of an offence against this Act, every director and every person involved in the management of the body corporate is guilty of the same offence if it is proved— (a) that the act or omission that constituted the offence took place with that person’s authority, permission, or con­ sent; or that he or she knew or could reasonably have been ex­ pected to know that the offence was to be or was being 15 committed and failed to take all reasonable steps to pre­ vent or stop it.
(b) 10 Time for laying informations Time for laying information 69 (1) An information in respect of an offence against this Act may 20 be laid at any time within 12 months after the time when the matter giving rise to the information ﬁrst became known, or should have become known, to the person laying the informa­ tion.
(2) An information in respect of an offence against a bylaw made 25 under ssseeeccctttiiiooonnn 555444 may be laid at any time by the territorial authority concerned within 6 months after the time when the matter giving rise to the information ﬁrst became known, or should have become known, to the territorial authority.
Injunctions 30 70 Injunctions restraining commission of offence under section 63(2) (1) A District Court may, on the application of the Medical Ofﬁcer of Health, grant an injunction restraining a territorial authority from committing an offence against ssseeeccctttiiiooonnn 666333(((222))).
35 (2) An injunction may be granted under sssuuubbbssseeeccctttiiiooonnn (((111)))— 84 Waste Minimisation (Solids) Bill Part 5 cl 72 despite anything in any other enactment: (a) (b) whether or not proceedings in relation to the offence (c) have been commenced: if a person is convicted of the offence,— (i) in substitution for, or in addition to, any other 5 penalty; or in subsequent proceedings.
(ii) Infringement offences 15 20 71 Proceedings for infringement offences A person who is alleged to have committed an infringement 10 offence may either— (a) be proceeded against under the Summary Proceedings Act 1957; or be served with an infringement notice under ssseeeccctttiiiooonnn 777222.
(b) Issue and service of infringement notices 72 (1) An infringement notice may be issued to a person if an en­ forcement ofﬁcer— (a) observes the person committing an infringement of­ fence; or has reasonable cause to believe that an infringement of­ fence is being or has been committed by the person.
(b) (2) An infringement notice may be served— (a) (b) by an enforcement ofﬁcer (not necessarily the person who issued the notice) personally delivering it (or a 25 copy of it) to the person alleged to have committed the infringement offence; or by post addressed to the person’s last known place of residence or business.
(3) For the purposes of the Summary Proceedings Act 1957, an 30 infringement notice sent to a person under sssuuubbbssseeeccctttiiiooonnn (((222)))(((bbb))) must be treated as having been served on the person when it was posted.
(4) An infringement notice must be in the prescribed form and must contain the following particulars: 35 85 Part 5 cl 73 Waste Minimisation (Solids) Bill (a) (b) (c) (d) (e) (f) (g) 5 details of the alleged infringement offence sufﬁcient to fairly inform a person of the time, place, and nature of the alleged offence: the amount of the infringement fee speciﬁed for the of­ fence: the time within which the infringement fee must be paid: the address of the place at which the infringement fee must be paid: a summary of section 21(10) of the Summary Proceed­ 10 ings Act 1957: a statement that the person served with the notice has a right to request a hearing: a statement of what will happen if the person served with the notice neither pays the infringement fee nor 15 requests a hearing: any other particulars that are prescribed.
(h) If an infringement notice has been served under this section,— proceedings in respect of the offence to which the notice (a) relates may be commenced in accordance with section 20 21 of the Summary Proceedings Act 1957; and the provisions of that section apply with all necessary modiﬁcations.
(b) Entitlement to infringement fees A territorial authority may retain the infringement fees re­ 25 ceived by it for any infringement offences resulting from in­ fringement notices issued by enforcement ofﬁcers appointed by the territorial authority.
Enforcement ofﬁcers Enforcement ofﬁcers The Secretary may appoint— (a) a person to be an enforcement ofﬁcer for the purposes of ensuring compliance with regulations made under this Act (except any regulations made under ssseeeccctttiiiooonnn 222111(((111)))(((aaa)))); or 30 35 (5) 73 74 (1) 86 Waste Minimisation (Solids) Bill Part 5 cl 75 (b) an auditor to be an enforcement ofﬁcer for the pur­ poses of exercising the power of entry under ssseeeccctttiiiooonnn 777777(((111)))(((aaa))) in relation to an audit.
(2) A territorial authority may appoint a person to be an enforce­ ment ofﬁcer in its district— (a) for the purposes of ensuring compliance with any regu­ lations made under ssseeeccctttiiiooonnn 222111(((111)))(((aaa))): for the purposes of ensuring compliance with any bylaw made by the territorial authority under ssseeeccctttiiiooonnn 555444.
(b) 5 (3) A person must not be appointed as an enforcement ofﬁcer un­ 10 less the person has appropriate experience, technical compe­ tence, and qualiﬁcations relevant to the area of responsibilities proposed to be allocated to that person.

The Secretary or the territorial authority, as the case may be, must supply each enforcement ofﬁcer with a warrant that 15 states— (a) (b) the full name of the person; and the powers conferred on the person under this Act.
(4) (5) An enforcement ofﬁcer who holds a warrant issued under this section must, on the termination of his or her appointment, sur­ 20 render the warrant to the Secretary or the territorial authority, as the case may be.

Enforcement ofﬁcer powers Exercise of powers 75 (1) An enforcement ofﬁcer may exercise the powers under this 25 Act, in accordance with his or her warrant, only for the pur­ poses for which he or she was appointed.
(2) An enforcement ofﬁcer exercising a power under this Act must have with him or her, and must produce if required to do so, his or her warrant and evidence of his or her identity.
(3) An enforcement ofﬁcer exercising the power of entry under ssseeeccctttiiiooonnn 777777(((111)))(((aaa))) must produce his or her warrant and evi­ dence of identity to the occupier of the land, building, or place concerned,— (a) if practicable, on ﬁrst entering the land, building, or 35 place; and 30 87 Part 5 cl 76 Waste Minimisation (Solids) Bill (b) whenever subsequently reasonably required to do so by the occupier.
76 Power to require certain information An enforcement ofﬁcer may require a person to give his or her full name and residential address, if the ofﬁcer believes 5 on reasonable grounds that the person is committing or has committed an offence against this Act or a bylaw made under ssseeeccctttiiiooonnn 555444.
Power to inspect property and obtain information 77 (1) An enforcement ofﬁcer may, if he or she believes on reason­ 10 able grounds that an offence against this Act or a bylaw made under ssseeeccctttiiiooonnn 555444 has been or is being committed,— (a) (b) enter any land, building, or place at any reasonable time: inspect and examine any property and any books, accounts, records, or documents (including records or 15 documents held in electronic or any other form): require any person to produce any books, accounts, records, or documents (including records or documents held in electronic or any other form) in that person’s possession or under that person’s control, and allow 20 copies of or extracts from those books, accounts, records, or documents to be made or taken.
(c) Before exercising the power in sssuuubbbssseeeccctttiiiooonnn (((111)))(((aaa))), the ofﬁ­ cer must, if practicable, give reasonable notice to the occupier of the land, building, or place of the intention to exercise the 25 power, unless the giving of notice would defeat the purpose of the entry.

This section is subject to ssseeeccctttiiiooonnn 777888.
Consent or warrant required to inspect dwellinghouse or marae (1) An enforcement ofﬁcer may not exercise the power of en­ try under ssseeeccctttiiiooonnn 777777(((111)))(((aaa))) in relation to a dwellinghouse or marae— (a) except with the consent of the occupier of the dwelling­ house or marae; or unless— (b) 88 30 35 (2) (3) 78 Waste Minimisation (Solids) Bill Part 5 cl 79 (i) authorised to do so by a warrant issued under sssuuubbbssseeeccctttiiiooonnn (((222))); and (ii) when exercising the power, the enforcement of­ ﬁcer is accompanied by a member of the police.
(2) A judicial ofﬁcer may, on the written application of an enforce­ 5 (3) (4) ment ofﬁcer made on oath, issue a warrant authorising the en­ forcement ofﬁcer to enter the dwellinghouse or marae speci­ ﬁed in the application.
The judicial ofﬁcer may issue a warrant under sssuuubbbssseeeccctttiiiooonnn (((222)))— (a) only if he or she is satisﬁed that— (i) (ii) the proposed entry is necessary for the purposes of ssseeeccctttiiiooonnn 777777(((111)))(((aaa))); and the enforcement ofﬁcer has taken all reasonable steps to obtain the consent of the occupier to the 15 proposed entry; and 10 subject to any conditions that he or she thinks ﬁt.
(b) In this section,— dwellinghouse— (a) means any building or any part of a building to the ex­ 20 (b) tent that it is occupied as a residence; and in relation to a homeworker who works in a building that is not wholly occupied as a residence, excludes any part of the building not occupied as a residence marae includes— (a) the buildings associated with a marae, for example, the wharenui (meeting house), the wharekai (dining room), and ablution blocks; and the land on which the buildings are situated.
25 Seizure of property not on private land 79 (1) An enforcement ofﬁcer may seize and impound property that 30 is not on private land if— (a) the property is materially involved in the commission of an offence; and it is reasonable in the circumstances to seize and im­ 35 pound the property; and (b) (b) 89 Part 5 cl 80 Waste Minimisation (Solids) Bill (c) the property is in possession of a person at the time the ofﬁcer proposes to seize and impound it, and before seizing and impounding it, the ofﬁcer— (i) directs (orally or in writing) the person commit­ ting the offence to stop committing the offence; 5 and advises (orally or in writing) the person commit­ ting the offence that, if he or she does not stop committing the offence, the enforcement ofﬁcer has the power to seize and impound the property; 10 and provides the person with a reasonable opportun­ ity to stop committing the offence.
(ii) (iii) (2) As soon as practicable after seizing and impounding property, an enforcement ofﬁcer must give notice— (a) to the person in possession of the property at the time it was seized and impounded; or to any person who the enforcement ofﬁcer can ascertain is the owner of, or has an interest in, the property, if pppaaarrraaagggrrraaappphhh (((aaa))) does not apply.
(b) 15 20 (3) A notice given in accordance with sssuuubbbssseeeccctttiiiooonnn (((222)))(((bbb))) must be delivered, or sent by registered mail, not later than 7 working days after the property concerned was seized.
(4) A notice must— (a) (b) (c) (d) (e) include a description of the property seized; and state the date and time that the property was seized; and state that the property was seized under this section; and state the name of the enforcement ofﬁcer who seized the property; and include the address of the place where inquiries can be 30 made in relation to the property.
25 (5) In this section and ssseeeccctttiiiooonnn 888000, offence— (a) means an offence against this Act; and (b) includes an offence against a bylaw.

Seizure of property from private land 80 (1) A judicial ofﬁcer may issue a warrant authorising an enforce­ ment ofﬁcer to enter private land and seize and impound prop­ erty materially involved in the commission of an offence.
35 90 Waste Minimisation (Solids) Bill Part 5 cl 81 (2) A warrant may be issued only if— (a) (b) the application for it is made in writing and on oath; and the judicial ofﬁcer is satisﬁed that— (i) the property is materially involved in the com­ mission of an offence; and it is reasonable in the circumstances for the prop­ erty to be seized; and the enforcement ofﬁcer has— (A) (ii) (iii) 5 (B) (C) directed the person committing the offence to stop committing the offence; and advised the person that, if he or she fails to do so, the ofﬁcer intends to apply for a warrant; and given the person committing the offence a reasonable opportunity to stop committing 15 the offence.
10 (3) A warrant— (a) may be issued subject to any terms and conditions im­ (b) posed by the judicial ofﬁcer issuing the warrant; and authorises an enforcement ofﬁcer, subject to any terms 20 and conditions imposed under pppaaarrraaagggrrraaappphhh (((aaa))), to— (i) use any assistance that is necessary in the circum­ stances; and use any force that is reasonably necessary to en­ ter the land and seize and impound the property 25 concerned.
(ii) 81 Conditions for exercise of warrant to seize property on private land (1) An enforcement ofﬁcer executing a warrant issued under ssseeeccc­­­ tttiiiooonnn 777888 must— (a) be accompanied by a member of the police; and (b) when entering the land and when reasonably requested to do so afterwards, produce for inspection by any per­ son occupying the land at the time— (i) (ii) if requested, whether at the time or later, provide a copy of the warrant within 7 days after receiving the request.
the warrant; and evidence of the ofﬁcer’s identity; and (c) 30 35 91 Part 5 cl 82 Waste Minimisation (Solids) Bill If no person is present and occupying the land when an en­ forcement ofﬁcer executes the warrant, the enforcement ofﬁ­ cer must— (a) afﬁxed to a building or ﬁxture on the land; or in a prominent place on the land; and leave a copy of the warrant— (i) (ii) on a copy of the warrant, endorse— (i) (b) 5 (ii) (iii) the date and time of the execution of the warrant; and the name of the enforcement ofﬁcer executing the 10 warrant; and a description of any property seized and im­ pounded in sufﬁcient detail to enable the prop­ erty to be identiﬁed.
15 Return of property seized and impounded The owner of property that has been seized and impounded under ssseeeccctttiiiooonnn 777999 ooorrr 888000, or the person from whom the prop­ erty was seized, may request the Secretary or the territorial au­ thority concerned, as the case may be, to return the property.
The Secretary or the territorial authority must return the prop­ 20 erty if— (a) the property is not likely to be involved in the offence for which it was seized; and the owner or person has paid, or tenders with the request payment of, the costs of the Secretary or the territorial 25 authority in seizing, impounding, transporting, and stor­ ing the property.
(b) If the Secretary or the territorial authority refuses to return the property, the owner or person from whom it was seized may apply to a District Court to review the Secretary’s or the 30 territorial authority’s decision.

The District Court may— (a) conﬁrm the Secretary or the territorial authority’s deci­ sion; or order that the property be returned.
(b) 35 (2) 82 (1) (2) (3) (4) 92 Waste Minimisation (Solids) Bill Part 6 cl 84 83 (1) (2) (3) Power to dispose of property seized and impounded The Secretary or a territorial authority, as the case may be, may dispose of property that has not been returned within 6 months after it was seized and impounded.
The Secretary or the territorial authority must not dispose of 5 property before giving the owner of the property and the per­ son it was seized from not less than 14 working days’ notice of his, her, or its intention to do so.

The Secretary or a territorial authority may dispose of the property by way of sale or otherwise as it thinks ﬁt.
10 (4) Any proceeds from the disposal of the property must be ap­ plied to pay,— (a) ﬁrst, the costs incurred in seizing, impounding, trans­ porting, and storing the property: secondly, the costs of disposing of the property: thirdly, any surplus to the owner of the property or the person from whom it was seized.
(b) (c) Part 6 Reporting and audits Reporting 84 (1) Regulations in relation to records, information, and reports The Governor­General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes: 15 20 25 (a) (b) Information from operator of disposal facility requiring the operator of a disposal facility to keep, and provide to the Secretary and any appointed levy col­ lector, records and information to enable amounts of levy payable by the operator to be accurately calculated: 30 Information from any class of person requiring any class of person (for example, operators of disposal facilities or other facilities at which waste is received for reuse, recycling, recovery, treatment, or disposal) to keep, and provide to the Secretary, records 35 93 Part 6 cl 84 Waste Minimisation (Solids) Bill and information to assist the Secretary to compile statis­ tics in order to— (i) measure progress in waste management and min­ imisation: report on the state of New Zealand’s environ­ 5 ment: assess New Zealand’s performance in waste min­ imisation and decreasing waste disposal: identify improvements needed in infrastructure for waste minimisation: 10 (ii) (iii) (iv) (c) (d) (e) (f) Information from territorial authority requiring a territorial authority to keep, and provide to the Secretary each year, records and information about the territorial authority’s— (i) (ii) spending of levy money; and performance in achieving waste minimisation with the services, facilities, and activities pro­ vided or funded in accordance with its waste management and minimisation plan; and performance as measured against any perform­ 20 ance standards set by the Minister under ssseeeccctttiiiooonnn 444777: (iii) 15 Miscellaneous prescribing the form and manner in which, and the times at which, the records and information referred to in 25 pppaaarrraaagggrrraaappphhh (((aaa))),,, (((bbb))),,, ooorrr (((ccc))) must be kept or provided: prescribing requirements for a person to verify that records and information are correct before providing them under pppaaarrraaagggrrraaappphhh (((aaa))),,, (((bbb))),,, ooorrr (((ccc))): providing for any other matter contemplated by this 30 Part.
Before recommending the making of regulations under sssuuubbb­­­ ssseeeccctttiiiooonnn (((111))), the Minister must— (a) obtain and consider the advice of the Waste Advisory Board; and be satisﬁed that there has been adequate consultation with persons or organisations who may be signiﬁcantly affected by the regulations; and (b) 35 (2) 94 Waste Minimisation (Solids) Bill Part 6 cl 86 (c) consider the costs and beneﬁts expected from imple­ menting the regulations.
(3) Before recommending the making of regulations under sssuuubbb­­­ ssseeeccctttiiiooonnn (((111)))(((bbb))), the Minister must also consult the Govern­ ment Statistician.

5 Audits 85 (1) Secretary may require audit The Secretary may appoint, in writing, 1 or more auditors to conduct an audit under ssseeeccctttiiiooonnn 888666.
(2) None of the following persons may be appointed as an auditor: 10 (a) (b) a person who may be audited under ssseeeccctttiiiooonnn 888666, or the person’s ofﬁcers or employees; or a person with a conﬂict of interest in respect of the audit for which the auditor is to be appointed.
86 Audit in respect of certain matters relating to facility or person 15 (1) An auditor may audit the following facilities or persons for the purpose of obtaining, and reporting to the Secretary on, infor­ mation about the matters speciﬁed in relation to the facility or person: (a) a disposal facility, or its operator, in respect of— payment of the levy by the operator: (i) compliance by the operator with any prescribed (ii) requirement to keep or provide records or other information: 20 25 (b) (c) (d) (e) (f) any person, in respect of the person’s compliance with any prescribed requirement to keep or provide records or other information: an appointed levy collector, in respect of the collection of levy that the collector is appointed to collect: a territorial authority that receives levy money, in re­ spect of the spending of the levy money: any person who is paid levy money under ssseeeccctttiiiooonnn 222888(((ccc)))(((iiiiii))) , in respect of the spending of the levy money: the scheme manager of an accredited scheme, or any 35 person who has agreed to participate in the scheme, in 30 95 Part 7 cl 87 Waste Minimisation (Solids) Bill respect of their compliance with the scheme’s require­ ments to keep records or make reports: any person, in respect of the person’s compliance with regulations made under ssseeeccctttiiiooonnn 222000(((111)))(((aaa))) ooorrr 222111.
(g) (2) For the purposes of sssuuubbbssseeeccctttiiiooonnn (((111))), an auditor may exer­ 5 cise— (a) the power of entry under ssseeeccctttiiiooonnn 777777(((111)))(((aaa))) only if ap­ pointed an enforcement ofﬁcer under ssseeeccctttiiiooonnn 777444(((111)))(((bbb))); or the powers of an enforcement ofﬁcer under ssseeeccctttiiiooonnn 10 777777(((111)))(((bbb))) ooorrr (((ccc))), despite not being an enforcement of­ ﬁcer, but must produce evidence of his or her identity and appointment as an auditor whenever reasonably re­ quired to do so.
(b) (3) An auditor must not disclose to any person information ob­ 15 tained in the exercise of the auditor’s powers, except— (a) (b) in a prosecution under this Act; or in an action for the recovery of any amount due under this Act; or to the Secretary, the Minister, or a person authorised by 20 the Secretary or the Minister to receive the information.

(c) Part 7 Waste Advisory Board Establishment of Waste Advisory Board This section establishes the Waste Advisory Board.
Function of Board The function of the Board is to provide advice to the Minister upon request, including advice about— (a) declaring a product to be a priority product (under ssseeeccc­­­ tttiiiooonnn 777(((333)))(((aaa)))): 25 30 (b) making guidelines about the contents and expected ef­ fects of product stewardship schemes for priority prod­ ucts (under ssseeeccctttiiiooonnn 111000(((444)))(((aaa)))): accrediting a product stewardship scheme that is not consistent with any guidelines published under ssseeeccctttiiiooonnn 35 111000 (under ssseeeccctttiiiooonnn 111333(((222)))): (c) 87 88 (1) 96 Waste Minimisation (Solids) Bill Part 7 cl 90 (d) (e) (f) (g) (h) (i) recommending the making of regulations prohibiting the sale of a priority product except in accordance with an accredited scheme (under ssseeeccctttiiiooonnn 222000(((222)))(((aaa)))): recommending the making of regulations in relation to products (whether or not priority products), materials, 5 and waste (under ssseeeccctttiiiooonnn 222111(((333)))(((aaa)))): setting or varying criteria for approving funding of a project (under ssseeeccctttiiiooonnn 333666(((555)))): reviewing the effectiveness of the levy (under ssseeeccctttiiiooonnn 333777(((222)))(((aaa)))): recommending the making of regulations in relation to the imposition of the waste disposal levy or the rate of the levy (under ssseeeccctttiiiooonnn 333999(((222)))(((aaa)))): recommending the making of regulations in relation to records, information, and reports (under ssseeeccctttiiiooonnn 15 888444(((222)))(((aaa)))).
10 (2) (3) 89 (1) (2) The advice is to relate to waste minimisation or the functions of the Secretary or the Minister under this Act.

The Board must provide advice within terms of reference set by the Minister.

Terms of reference The Minister must, by written notice to the Board, set terms of reference for the advice to be provided under ssseeeccctttiiiooonnn 888888.

The Minister may, by written notice to the Board, vary the terms of reference at any time.
90 Minister to appoint members to Board (1) The Minister must appoint at least 4, but not more than 8, members to the Board.

The Minister must appoint 1 member as the chairperson of the Board.

The Minister may reappoint a member for a further term or terms.

(2) (3) (4) An appointment must be made by written notice to the person concerned.
97 20 25 30 Part 7 cl 91 Waste Minimisation (Solids) Bill 91 (1) (2) How members appointed The Minister must comply with this section in appointing or reappointing members.
The Minister must request nominations for members of the Board, and allow 1 month to receive nominations, by giving 5 public notice— (a) (b) in the Gazette; and in daily newspapers circulating in Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and on a website maintained by, or on behalf of, the Ministry 10 for the Environment.
(c) (5) (4) (3) However, the Minister may appoint a person as a member of the Board whether or not he or she receives a nomination for the person under sssuuubbbssseeeccctttiiiooonnn (((222))).

The Minister must consult the Minister of Māori Affairs before 15 appointing any member to the Board.
In appointing members, the Minister must consider the need for the Board to have available to it, from its members, know­ ledge, skill, and experience relating to— (a) (b) matters that are likely to come before the Board; and community projects for waste minimisation; and (c) industry, including the commercial waste industry; and (d) local government; and (e) (f) tikanga Māori.

The Minister must notify an appointment in the Gazette as soon as practicable after appointing the member to the Board.
this Act; and (6) 20 25 Term of ofﬁce of members 92 (1) A member of the Board holds ofﬁce for a term of 3 years, or any shorter term stated in his or her notice of appointment.

30 (2) A member continues in ofﬁce despite the expiry of the mem­ ber’s term of appointment until— a successor is appointed; or (a) the Minister gives written notice to the member that the (b) member is not to be reappointed and no successor is to 35 be appointed at that time.
98 Waste Minimisation (Solids) Bill Part 7 cl 96 (3) A member may resign from ofﬁce by giving written notice to the Minister.

93 (1) (2) (3) (4) 94 Removal of members The Minister may remove a member of the Board from ofﬁce at any time, for just cause.

The removal must be made by written notice to the member stating the reasons for the removal.

The Minister must notify the removal in the Gazette as soon as practicable after giving the notice to the member.
In sssuuubbbssseeeccctttiiiooonnn (((111))), just cause includes misconduct, inability 10 to perform the functions of ofﬁce, neglect of duty, and breach of duty.

5 No compensation for loss of ofﬁce A member of the Board is not entitled to any compensation or other payment or beneﬁt relating to his or her ceasing, for any 15 reason, to hold ofﬁce as a member.
Fees and expenses of members 95 (1) A member of the Board is entitled to be— (2) 96 (a) (b) paid fees at a rate set by the Minister, in accordance with the fees framework; and reimbursed for actual and reasonable travelling and other expenses incurred in carrying out the member’s ofﬁce, in accordance with the fees framework.

In sssuuubbbssseeeccctttiiiooonnn (((111))), fees framework has the same meaning as in section 10 of the Crown Entities Act 2004.
20 25 Proceedings of Board The Board may regulate its own proceedings, subject to the provisions of this Part.
99 Schedule Waste Minimisation (Solids) Bill Schedule Provisions relating to Authority Remuneration and expenses s 18 1 Remuneration and expenses of members The members of the Authority are to be paid, out of the funds of the Authority, such remuneration by way of fees, salary, 5 or allowances, and such travelling allowances and travelling expenses, as are from time to time determined by the Minister.
Meetings Time and place of meetings 2 (1) Meetings of the Authority are to be held at such times and 10 places as the Authority or the chairperson from time to time appoints.

(2) At all meetings of the Authority, the chairperson presides if he (3) (4) 3 (1) or she is present.

If the chairperson is not present, or if there is no chairperson, 15 the deputy chairperson, if present, must preside.
If neither the chairperson nor the deputy chairperson is pre­ sent, or if there is no chairperson and no deputy chairperson, the members present must appoint 1 of their number to be the chairperson for the meeting.
20 Special meetings The chairperson, or any 2 members, may at any time call a spe­ cial meeting of the Authority by giving not less than 7 days’ notice of the special meeting, and of the business to be trans­ acted at the meeting, to each member of the Authority for the 25 time being in New Zealand.

(2) No business other than that speciﬁed in a notice of special meeting may be transacted at that meeting.
Quorum At all meetings of the Authority, the quorum necessary for the 30 transaction of business is— 5 members; or (a) 4 100 Waste Minimisation (Solids) Bill Schedule (b) if the number of members of the Authority exceeds 8, 6 members.

Consensus 5 (1) At all meetings of the Authority, members must make every (2) effort to reach a consensus on all questions arising at the meet­ 5 ings.
If a consensus cannot be reached on a question, the question must be decided by a majority of at least 75% of the valid votes cast by members present at the meeting and voting.

Resolutions 6 (1) A resolution in writing signed or assented to by letter, tele­ gram, telex, fax message, or electronic message by all mem­ bers of the Authority is as valid and effectual as if it had been passed at a meeting of the Authority duly called and consti­ tuted.
10 15 (2) Any such resolution may consist of several documents in like form, each signed or purporting to have been despatched by 1 or more members.
7 8 (b) Teleconference meeting A resolution is as valid and effectual as if it had been passed 20 at a meeting of the Authority duly called and constituted if— a telephone or video conference of the Authority is held (a) provided a quorum of members participates; and all reasonable efforts have been made to enable every member to participate in the conference; and each member who participates in the conference is able to individually express his or her consensus with, or vote on, any question arising during the meeting; and the resolution is assented to by consensus or, if ccclllaaauuussseee 555(((222))) applies, by a majority of at least 75% of the mem­ 30 bers participating in the conference.
(d) (c) 25 Procedure Subject to this Act, the Authority may regulate its procedure in such manner as it thinks ﬁt.
101 Schedule Waste Minimisation (Solids) Bill Disclosure of interest 9 Obligation to disclose pecuniary interest A member who, otherwise than as a member, has, directly or indirectly, a pecuniary interest in— (a) the Authority’s performance of a function or exercise of 5 a power; or an arrangement, agreement, or contract, made or en­ tered into, or proposed to be made or entered into, by the Authority,— (b) must, as soon as practicable after the relevant facts have come 10 to the member’s notice, disclose the nature of the interest in accordance with ccclllaaauuussseee 111111.
10 Pecuniary interest A member has a pecuniary interest if that pecuniary interest is one to which section 6 of the Local Authorities (Members’ 15 Interests) Act 1968 would apply if he or she were a member of a local authority.
Disclosure to Minister or chairperson 11 (1) A member required by ccclllaaauuussseee 999 to disclose the nature of an interest must disclose it— to the Minister if— (a) (i) (ii) the person is the chairperson of the Authority; or the positions of chairperson and deputy chairper­ son of the Authority are vacant; or to the chairperson of the Authority in any other case.

(b) The chairperson of the Authority must inform the Minister of any interest disclosed to the chairperson under subclause (1)(b).
20 25 Disclosure to meeting After becoming required to disclose the nature of an interest 30 under ccclllaaauuussseee 999, the member— (a) must, at a meeting of the Authority at which any de­ liberation or decision relating to the matter occurs or is made, disclose to the members present that he or she has an interest in the matter; and 35 (2) 12 102 13 14 15 16 Waste Minimisation (Solids) Bill Schedule (b) may not take part in the deliberation or decision.
Quorum A member required by ccclllaaauuussseee 999 to disclose the nature of an interest in a matter is to be disregarded in determining whether or not there is a quorum present for part of a meeting of the 5 Authority during which a deliberation or decision relating to the matter occurs or is made.
Power of Minister to waive or modify The Minister may, by written notice to the Authority, waive or modify any of the provisions of ccclllaaauuussseeesss 999 tttooo 111333 in respect 10 of a particular member or matter or class of matters that, in the Minister’s opinion, does not constitute a direct or indirect material interest.
Obligation to notify House of Representatives if power to waive or modify is exercised The Minister must present to the House of Representatives a copy of a notice issued under ccclllaaauuussseee 111444 within 12 sitting days after the date on which the Minister issues the notice.
15 Provision of services by the Crown Crown may provide services for Authority The Crown, acting through a government department, may from time to time at the request of the Authority, execute any work or enter into any arrangements for the execution or pro­ vision by the government department for the Authority of any work or service, or for the supply to the Authority of any 25 goods, stores, or equipment, on and subject to such terms and conditions as may be agreed.
20 Committees and delegation 17 (1) Committees The Authority may from time to time, by resolution, appoint, 30 alter, discharge, continue, or reconstitute any committee to ad­ vise the Authority on any matters relating to the Authority’s 103 Schedule Waste Minimisation (Solids) Bill (2) functions and powers that are referred to the committee by the Authority.
Every committee is to consist of such number of persons as the Authority thinks ﬁt to enable the committee to carry out such of the functions and powers as may be delegated to the 5 committee under ccclllaaauuussseee 111888.

(3) Any person may be appointed to be a member of a committee, whether or not that person is a member of the Authority.

Subject to this Act, and to any direction given by the Authority, every committee may regulate its own procedure.
(4) 18 (1) (2) Delegation of functions and powers Subject to subclause (2), the Authority may from time to time, either generally or speciﬁcally, delegate any of the Au­ thority’s functions and powers to any of its committees, mem­ bers, or employees.

The Authority must not delegate the following powers: (a) (b) Every delegation must be in writing.

the power of delegation conferred by subclause (1); or the power to borrow money conferred by ccclllaaauuussseee 333111.
(3) (4) A delegation may be made to— (a) (b) (c) (d) a speciﬁed person; or a person belonging to a speciﬁed class of persons; or the holder for the time being of a speciﬁed ofﬁce or appointment; or the holder for the time being of an ofﬁce or appointment 25 of a speciﬁed class.

(5) Every delegation under this clause is revocable at will, but the revocation does not take effect until it is communicated to the delegate.
(6) A delegation continues in force according to its terms until 30 it is revoked, despite any change in the membership of the Authority or of any committee.

(7) No delegation under this clause prevents the performance or exercise of a function or power by the Authority.
104 10 15 20 Waste Minimisation (Solids) Bill Schedule 19 (1) (2) (3) 20 (1) Exercise of functions and powers under delegation The committee or person to whom a delegation is made under ccclllaaauuussseee 111888 may exercise or perform the delegated functions or powers in the same manner and with the same effect as if they had been conferred directly by this Act and not by delegation.

5 Subclause (1) is subject to any general or special directions given or conditions imposed by the Authority.
Every committee or person purporting to act pursuant to a delegation under ccclllaaauuussseee 111888 is presumed, in the absence of proof to the contrary, to be acting in accordance with the terms 10 of the delegation.
Documents Execution of documents The Authority may from time to time, in writing, authorise any 1 or more members or employees of the Authority to execute 15 any deeds, instruments, contracts, or other documents on be­ half of the Authority, and may at any time in the same manner revoke the authority.
(2) An authority given under subclause (1) to an employee of the Authority may be given to— (a) (b) (c) (d) the Director; or a speciﬁed employee; or an employee of a speciﬁed class; or the holder for the time being of a speciﬁed ofﬁce or of an ofﬁce of a speciﬁed class.

20 25 Every person purporting to execute a document on behalf of the Authority under any such authority is, in the absence of evidence to the contrary, presumed to be acting in accordance with that authority.
Employment Director The Authority must appoint a chief executive (the Director) to be responsible for the efﬁcient and effective administration of the affairs of the Authority.

The Director must not be a member of the Authority.

30 35 (3) 21 (1) (2) 105 Schedule Waste Minimisation (Solids) Bill The Director is to be appointed on such terms and conditions as are determined by the Authority.
The Authority must not determine any terms and conditions of employment for the Director without— (a) (b) consulting the State Services Commissioner; and having regard to all recommendations made by the State Services Commissioner about those terms and condi­ tions within a reasonable time of being consulted.
5 Appointment of employees The Authority may appoint such employees, including em­ 10 ployees on secondment from other organisations, as it thinks necessary for the efﬁcient performance of its functions.

Subject to the terms and conditions of employment, the Au­ thority may at any time terminate or suspend the employment of any of the Authority’s employees.
Before entering into negotiations for a collective employment agreement under the Employment Relations Act 2000, the Au­ thority must consult with the State Services Commissioner about the conditions of employment to be included in the col­ lective employment agreement.
15 20 Liability of members and employees No member or employee of the Authority is personally liable for any liability of the Authority, or for any act done or omitted by the Authority, or by the Director or any employee of the Authority in good faith in pursuance or intended pursuance of 25 the functions or powers of the Authority or of the Director.

Personnel policy The Authority must operate a personnel policy that complies with the principle of being a good employer.
For the purposes of this clause, a good employer is an em­ 30 ployer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treat­ ment of employees in all aspects of their employment, includ­ ing provisions requiring— (a) good and safe working conditions; and 35 (3) (4) 22 (1) (2) (3) 23 24 (1) (2) 106 Waste Minimisation (Solids) Bill Schedule (b) (c) (d) (e) (f) (g) (h) an equal employment opportunities programme; and the impartial selection of suitably qualiﬁed people for appointment; and recognition of— (i) (ii) (iii) the aims and aspirations of Māori; and the employment requirements of Māori; and the need for involvement of Māori as employees of the Authority; and 5 opportunities for the enhancement of the abilities of in­ dividual employees; and recognition of the aims and aspirations, and the cultural differences, of ethnic and minority groups; and recognition of the employment requirements of women; and recognition of the employment requirements of persons 15 with disabilities.
10 25 (1) (2) 26 (1) Equal employment opportunities programme In each year, the Authority must— (a) develop and publish an equal employment opportunities programme for the Authority; and ensure that the programme for that year is complied with.
(b) 20 For the purposes of this clause and ccclllaaauuussseee 222444, an equal em­ ployment opportunities programme is a programme aimed at identifying and eliminating all aspects of policies, proced­ 25 ures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect of the em­ ployment of any persons or group of persons.
Superannuation or retiring allowances The Authority may from time to time establish superannuation 30 schemes in accordance with sections 84A to 84D of the State Sector Act 1988.
(2) Despite anything in this Act, a person who, immediately be­ fore becoming an employee of the Authority, was a contribu­ tor to the Government Superannuation Fund under Part 2 or 35 Part 2A of the Government Superannuation Fund Act 1956 is, for the purposes of that Act, deemed to be employed in the 107 Schedule Waste Minimisation (Solids) Bill Government service so long as that person continues to be an employee of the Authority; and that Act applies to that person in all respects as if that person’s service as an employee of the Authority were Government service.
(3) Nothing in subclause (2) entitles a person to become a con­ 5 tributor to the Government Superannuation Fund after that per­ son has once ceased to be a contributor.

For the purposes of applying the Government Superannuation Fund Act 1956 in accordance with subclause (2), the term controlling authority, in relation to that employee, means the 10 Authority.
Employees not in service of the Crown Subject to ccclllaaauuussseee 222666(((222))), no person is deemed to be employed in the service of the Crown for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 15 by reason only of that person’s appointment as an employee of the Authority.
Consultants, agents, etc The Authority or the Director may from time to time appoint consultants, agents, specialists, and advisory committees, to 20 provide advice in relation to the exercise of the Authority’s or the Director’s functions and powers, and to exercise such functions and powers as may be delegated under this Act to those persons or committees.
Financial provisions 25 Funds of Authority The funds of the Authority consist of— (a) (b) (c) all money appropriated by Parliament and paid to the Authority; and all money lawfully contributed, donated, or bequeathed 30 to the Authority or otherwise lawfully payable to it; and all money received by the Authority by way of levies, rent, or otherwise in respect of— (i) any real or personal property vested in or con­ trolled by the Authority; or 35 (4) 27 28 29 108 Waste Minimisation (Solids) Bill Schedule (ii) the performance or exercise of any of the func­ tions or powers of the Authority; and all money received by the Authority from the sale or other disposal of any of its real or personal property; and all accumulations of income derived from any such money.
5 (d) (e) 30 (1) Bank accounts The Authority must open at any registered bank or registered banks (within the meaning of the Reserve Bank of New 10 Zealand Act 1989) such accounts as are necessary for the exercise of its functions and powers.
(2) All money received by the Authority, or by any member or employee of the Authority for the purposes of the Authority must, as soon as practicable after it has been received, be paid 15 into such bank accounts of the Authority as the Authority from time to time determines.

31 32 33 Power to borrow The Authority may borrow money subject to the approval of the Minister of Finance.
20 Investment of money Subject to the terms of any trust or endowment, money held on behalf of the Authority and that is not immediately required for expenditure may be invested— (a) in accordance with section 25 of the Public Finance Act 25 1989; or in such other manner as the Authority, with the prior approval of the Minister, may determine.
(b) Expenditure not otherwise authorised The Authority may, in any ﬁnancial year, expend for lawful 30 purposes not otherwise authorised by this Act or any other enactment, any sum or sums not amounting in the aggregate to more than $5,000.

109 Waste Minimisation (Solids) Bill 34 35 Auditor­General to be auditor of Authority The Authority is a public entity as deﬁned in section 4 of the Public Audit Act 2001 and, in accordance with that Act, the Auditor­General is its auditor.
Application of Archives Act 1957 5 Archives Act 1957 to apply The Authority is a Government ofﬁce for the purposes of the Archives Act 1957.

Legislative history Introduction (Bill 43–1) First reading and referral to Local Government and Environment Committee 4 May 2006 14 June 2006 12 Published under the authority of the House of Representatives—2008 Wellington, New Zealand: 110