G/LIC/N/3/NZL/6  
 
1 November  2019 
(19-7377) Page: 1/31 
Committee on Import Licensing  Original: English  
 
 REPLIES TO QUESTIONN AIRE ON IMPORT LICEN SING PROCEDURES1 
NOTIFICATION UNDER A RTICLE 7.3 OF THE  
AGREEMENT ON IMPORT LICENSING PROCEDURES  (2019)  
NEW ZEALAND  
The following notification, dated 25 October  2019, is being circulated at the request of the delegation 
of New Zealand.  
 
_______________  
 
 
1   ANTI -PERSONNEL M INES  ................................ ................................ ...........................  2 
2   CHEMICAL WEAPONS  ................................ ................................ ................................ . 4 
3   CONTROLLED  DRUGS  ................................ ................................ ................................ .. 6 
4   CLUSTER MUNITION S ................................ ................................ ................................ . 9 
5   ENDANGERED, THRE ATENED SPECIES  ................................ ................................ ...... 11 
6   FIREARMS AND RES TRICTED WEAPONS  ................................ ................................ ... 12 
7   EXPLOSIVES  ................................ ................................ ................................ .............  13 
8   HAZARDOUS WASTES  ................................ ................................ ...............................  16 
9   GRAPHIC MATERIAL S INTENDED FOR USE B Y CHILDREN  ................................ .........  18 
10   OFFENSIVE WEAPO NS (KNIVES, BAYONETS , AND KNUCKLE DUSTER S) .................  20 
11   IMPORTS TO ANTA RCTICA  ................................ ................................ .....................  21 
12   MARINE ANIMALS  ................................ ................................ ................................ .. 23 
13   OZONE DEPLETING  SUBSTANCES  ................................ ................................ ...........  25 
14   RADIOACTIVE SUB STANCES  ................................ ................................ ...................  28 
15   PSYCHOACTIVE SU BSTANCES  ................................ ................................ .................  29 
 
 
  
                                                
1 See G/LIC/3, Annex, for the Questionnaire.  G/LIC/N/3/NZL/6  
 
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  1  ANTI -PERSONNEL MINES  
The Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti -Personnel 
Mines and on their Destruction, 1997 (the Con vention), is implemented in New  Zealand through the: 
Anti-Personnel Mines  Prohibition Act 1998.  
 
Outline of Systems  
1. The Anti-Personnel Mines  Prohibition Act 1998 prohibits the import of all anti -personnel landmines, 
except for anti -personnel mines to be used, developed, produced, otherwise ac quired, possessed, 
retained, imported or exported for the purposes of developing, or training persons in, techniques of 
mine detection, mine clearance, mine deactivation, or mine destruction.  
 
Purposes and Coverage of Licensing  
2.(a) The Minister of Foreig n Affairs may, by notice in writing, authorise anti -personnel mines to be 
used, developed, produced, otherwise acquired, possessed, retained, imported or exported 
for the purposes of developing, or training persons in, techniques of mine detection, mine 
clearance, mine deactivation, or mine destruction.  
 
(b)  Anti-personnel mine  
 
(i)  means a mine designed to be exploded by the presence, proximity, or contact of a 
person, and that is capable of incapacitating, injuring, or killing 1 or more persons; but  
(ii)  does not include a mine designed to be detonated by the presence, proximity, or contact 
of a vehicle as opposed to a person and equipped with an anti -handling device.  
  
3. The system applies to goods originating in and coming from "all" countries.  
 
4. The system is designed to meet the requirements of the Convention by the restricting the quantity 
of anti -personnel mines imported to those required for the purposes of developing, or training 
persons in, techniques of mine detection, mine clearance, mine d eactivation, or mine destruction. 
The Minister of Foreign Affairs must specify, by notice in the Gazette , the number of anti -personnel 
mines determined by the Minister to be the number that, for the time being, are absolutely necessary 
for the purposes des cribed above.  
 
5. The Anti-Personnel Mines  Prohibition Act 1998 prohibits the import of all anti -personnel landmines, 
except for anti -personnel mines to be used, developed, produced, otherwise acquired, possessed, 
retained, imported or exported for the purposes of developing, or training persons in, techniques of 
mine detection, mine clearance, mine deactivation, or mine destruction.  
 
The licensing is statutorily required, and the legislation does not leave designation o f products to be 
subjected to licensing to administrative discretion (see answer to Q2 (i) above).  
 
It is not possible for the government (or the executive branch) to abolish the system without 
legislative approval.  
 
Procedures  
6. Importers must seek the approval of the Minster of Foreign Affairs, who must then give notice 
in writing  as per 2 (a) above.   
 
I.  The Minister of Foreign Affairs must specify, by notice in the Gazette , the number of 
anti-personnel  mines determined by the Minister to be the number that, for the time being, 
are absolutely necessary for the purposes of developing, or training persons in, techniques of 
mine detection, mine clearance, mine deactivation, or mine destruction.  
 
II. Volume quotas do not apply.  
 
III. Not applicable.  
 
IV. Not applicable.  G/LIC/N/3/NZL/6  
 
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  V. There are no minimum or maximum times for processing applications.  
 
VI There is no minimum or maximum time.  
 
VII. Consideration of applications is effected on the whole by a single administrative organ (the 
Ministry of Foreign Affairs and Trade, New Zealand). However, applications may be referred 
as required to other agencies for technical advice when assessing the stated purpose of the 
import, the capabilities if the importer to effect the stated purpose, and se curity assessments 
around the storage, use and disposal of the anti -personnel mines.   
 
VIII. The Minister of Foreign Affairs determines the number of anti -personnel mines required to 
meet any exceptions to the Act. Should an application have merit then th e Minister could 
adjust the gazetted number of mines permitted in the country.  
 
IX. Not applicable.  
 
X.  Not applicable.  
  
XI. No. 
 
7. (a)  Not applicable.  
 
(b) Not applicable. Those importing anti -personnel mines inadvertently could face prosecution.  
 
(c) No. 
 
(d) Not applicable.  
 
8. None. Although there is no statutory right of administrative appeal against any of the decisions 
by the Minister, applicants could seek a judicial review of an administrative decision through the 
courts.  
 
Eligibility of Importers to Apply for Licence  
9.(a) Yes. 
 
(b)  Not applicable.  
 
Documentational and Other Requirements for Application for Licence  
10. There are no specifically listed information requirements. Applicants would need to make a case 
to the Minis ter of Foreign Affairs for the importation of anti -personnel mines in conformance with 
the stated exemptions outlined in the Anti-Personnel Mines  Prohibition Act 1998 , and provide 
relevant details around type, quantity,  storage and ultimate disposal.  
 
11. Authorisation from the Minister of Foreign Affairs to import and designation by the Minister as 
an officer authorised to be in possession of anti -personnel mines as defined in the Anti-Personnel 
Mines  Prohibition Act 1998 .  An import entry clearance would need to be completed with Customs 
before release of the goods.  
 
12. There are no administrative charges for the process of obta ining permission to import 
anti-personnel mines.  
 
13. Not applicable.  
 
Conditions of Licensing  
14. There is no set period of validity for an approval to import. It is possible a period of validity could 
be specified at the time of approval by the Minister of Foreign Affairs.  
 
15. No.  
 G/LIC/N/3/NZL/6  
 
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  16. No. 
 
17. No, other than compliance with the Anti-Personnel Mines  Prohibition Act 1998 . 
 
Other Procedural Requirements  
18. No. 
 
19. Not applicable.   
 
2  CHEMICAL WEAPONS  
The Chemical Weapons Convention (CWC) is implemented in New Z ealand through the Chemical 
Weapons (Prohibition) Act 1996.  
 
Outline of Systems  
1. The Chemical Weapons (Prohibition) Act 1996 prohibits the import of all CWC scheduled 
chemicals, unless permission is granted in writing (an import permit is granted) by the  Ministry of 
Foreign Affairs and Trade.  
 
Purposes and Coverage of Licensing  
2. (a) CWC Schedule 1 chemicals : these are the most toxic and tightly controlled chemicals, 
primarily consisting of military chemical warfare nerve, blister, choking, or blood agen ts, 
including sarin and its near relations.   
 
(b) CWC Schedule 2A toxic chemicals and 2B precursor chemicals : these are dual -use 
chemicals, more commonly used and traded for routine commercial purposes in New  Zealand. 
All Schedule  2A chemicals are control led. A Schedule 2B chemical is controlled if:  
- it constitutes more than 10% (by weight) of a mixture, OR  
- if the mix contains more than one Schedule 2 or Schedule 3 chemical.  
 
(c) CWC Schedule 3A toxic chemicals and 3B precursor chemicals: t hese are dual -use 
chemicals, more commonly used and traded for routine commercial purposes. A Schedule 3A 
or 3B chemical  is controlled if:  
- it constitutes more than 10 per cent (by weight) of a mixture, OR  
- if the mix contains more than one Schedule 2 o r Schedule 3 chemical.  
 
All scheduled chemicals are listed on the OPCW website, https://www.opcw.org/ . 
  
3. The system applies to goods originating in and coming from "all" countries. The CWC prohibits 
the transfer of  Schedule 1 and 2 chemicals to countries/territories which are not party to the CWC. 
A full list of countries/territories party to the CWC are listed on the OPCW website 
https://www.opcw.org/ . 
 
4. The licensing of CWC chemical imports is not intended to restrict the quantity or value of imports, 
but to meet the requirements of the CWC, i.e. the CWC aims to eliminate an entire category of 
weapons of mass destruction by prohibiting the development, production, acquisition , stockpiling, 
retention, transfer, or use of chemicals weapons by States Parties. States Parties in turn must take 
the steps necessary to enforce that prohibition in respect of persons (natural or legal) within their 
jurisdiction . 
 
5. The Chemical Weapons  (Prohibition) Act 1996 prohibits the import of all Chemical Weapons 
Convention (CWC) scheduled chemicals, unless permission is granted in writing (an import permit 
is granted) by the Ministry of Foreign Affairs and Trade.  
 
The licensing is statutorily req uired, and the legislation does not leave designation of products to be 
subjected to licensing to administrative discretion (see answer to Q2 above).  
 
It is not possible for the government (or the executive branch) to abolish the system without 
legislative  approval.  G/LIC/N/3/NZL/6  
 
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  Procedures  
6. Not applicable. Information concerning scheduled chemicals and how to apply for an import licence 
to enter New Zealand is published on the Ministry of Foreign Affairs and Trade, New Zealand's 
website: https://www.mfat.govt.nz/en/trade/trading -weapons -and-controlled -chemicals/how -to-
import -or-export -controlled -chemicals/  together with more detailed information on the application 
procedure.  
 
7. (a)  The Ministry of Foreign Affairs and Trade, New Zealand endeavours to process all applications 
within 10 -working days. Application for the import of CWC Schedule 1  Chemicals must be 
received by the Ministry of Foreign Affairs and Trade, New Zealand at least 37 days prior to 
the anticipated shipment date.  Advance notification is required because the transfer must be 
notified to the Organisation for the Prevention of Chemical Weapons (OPCW) which 
implements th e CWC internationally, at least 30 days in advance. Licences can be obtained 
within a shorter time -limit if required.  
 
(b) Not immediately, but depending on circumstances, a licence can be provided within 24 hours 
of application.  
 
(c) No. 
 
(d) Consideration of licence applications is effected by a single administrative organ.  
 
8. Specific CWC requirements prohibit the re -transfer of Schedule 1  chemicals. In practice this 
means that Schedule 1  chemicals imported into New Zealand may not be retransferred to a third 
country. In these circumstances an import licence would be declined. If Schedule 2 and 3 chemicals 
were imported for retransfer and if it is assessed that there is an unacceptable ris k the chemicals 
may be diverted to a chemical weapons programme, then the application to import would be 
declined.  
 
Authority for granting approval for the import of CWC Scheduled Chemicals rests with the Secretary 
of Foreign Affairs and Trade. Although t here is no statutory right of administrative appeal against 
any of the decisions by the Secretary, applicants could seek a judicial review of an administrative 
decision through the courts.  
 
Eligibility of Importers to Apply for Licence  
9. (a)  Not applicab le. 
 
(b) Not appl icable.  
 
Documentational and Other Requirements for Application for Licence  
10. Importers are required to ensure full details of chemicals to be imported are provided, including 
the correct name, mixture weight/analysis breakdown and, if p ossible, CAS (Chemical Abstracts 
Service) number and the intended use of the chemicals.  Details of CWC Schedules of Chemicals 
(1-3) can be found on our website https://www.mfat.govt.nz/en/trade/trading -weapons -and-
controlled -chemicals/how -to-import -or-export -controlled -chemicals/ together with more detailed 
information on the application procedure. Completed documents shou ld be sent to 
fax +64 4 439 8519, or by email to exportcontrols@mfat.govt.nz.   
 
11. Import Permit from the Ministry of Foreign Affairs and Trade, New Zealand.  
 
12. There is no charge for the processing of import permits.  
 
13. Not applicable.  
 
Conditions o f Licensing  
14. The period of validity of a license is 3 months after the licence has been issued. Extensions to 
import licences can be granted when an import does not fall within the usual 3 -month period, by 
applying to the Ministry of Foreign Affairs and  Trade, New Zealand.  G/LIC/N/3/NZL/6  
 
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  15. No, but the applicant must inform the Ministry of Foreign Affairs and Trade, New Zealand in 
writing if the actual quantity imported is less than that approved, or if the import does not take 
place.  
 
16. No. 
 
17. No. 
 
Other Procedural Requirements  
18. No – not from the Ministry of Foreign Affairs and Trade, New Zealand. Some chemicals may 
constitute hazardous substances and could be required to comply with the Hazardous Substances 
and New Organisms (HSNO) Act 1996 and support ing regulations.  
 
19. Not applicable to the Ministry of Foreign Affairs and Trade, New Zealand.  
 
3  CONTROLLED DRUGS  
Outline of Systems  
1. New Zealand is a party to the Single Convention on Narcotic Drugs 1961 (the Convention) and 
the Convention on Psychotropic Substances 1971. The purpose of the conventions is to have single 
international treaties concerned with the control of narcotic drugs  and the production of raw 
materials of narcotic drugs and similar international control of psychotropic substances. Both 
narcotics and psychotropic drugs are classified as Controlled Drugs in New Zealand under the Misuse 
of Drugs Act 1975 ("the Act"). Psy chotropic substances include barbiturates and benzodiazepines 
and some non -medicinal substances such as LSD.  
 
The International Narcotics Control Board (INCB) monitors the compliance with the provisions of the 
conventions. The conventions set requirements  for member countries with respect to regulatory 
provisions, reporting requirements and quotas.  
 
Importing and exporting of controlled drugs and psychotropics requires an import or export licence 
to be issued prior to the shipment of drugs entering or lea ving New Zealand. Applications are 
submitted to the Medicines Control section of the Ministry of Health. Licences are issued for medicinal 
(human consumption/veterinary use), scientific (including analysis for law enforcement) or drug -
detector training pur poses only.  
 
A Licence to Deal in Controlled Drugs or a Licence to Possess Controlled Drugs, or authorisation 
under the Act (e.g. a registered medical practitioner), is required before the issuance of licences to 
import or export controlled drugs.  
 
Purpo ses and Coverage of Licensing  
2. Import and e xport licensing is required for controlled drugs listed in Schedules 1, 2, 3 (excluding 
part 6) of the Misuse of Drugs Act 1975. Licensing of importers to Deal in Controlled Drugs or to 
Possess Controlled Drugs  under the Act is also required before an import licence can be issued, 
unless they are otherwise authorised by the Act (e.g. registered medical practitioners).  
 
3. The system applies to goods originating in and coming from all countries.  
 
4. Licensing is  intended to restrict the quantity of imports to quotas issued by the INCB. The INCB 
administers a system of estimates for narcotic drugs and a voluntary assessment system for 
psychotropic substances. As a signatory to the conventions no alternative method s are permissible.  
 
5.  The domestic law under which licensing is maintained is the Misuse of Drugs Act 1975 and the 
Misuse of Drugs Regulations 1977. The schedules of the Act define the class of each controlled drug. 
All controlled drugs require import a nd export licences and licences to deal or possess, or 
alternatively an authorisation within the Act. Part 2 of the Regulations covers the requirements and 
issuance of licences under the Act.  G/LIC/N/3/NZL/6  
 
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  Licensing is statutorily required and there is no administrative  discretion as to the products to be 
subjected to licensing. There is also no discretion as to the quantity of controlled drugs to which the 
licensing applies; there are no lower -limits or threshold levels for exemption from licensing. The 
legislation defi nes the restrictions applicable to drugs listed in each schedule to the Act. It is not 
possible for the government (or the executive branch) to abolish the system without approval of the 
legislature.  
 
Procedures  
 
6.I Quotas (also known as 'estimates' and 'assessments')for the import of controlled drugs can 
be viewed at the INCB website: www.incb.org. The Competent National Authorities (the 
authority responsible for administration of the regulatory regime in that countr y) are advised 
to check their quota status regularly online. Quotas are set for the country not for specific 
importers.  
 
II. Quotas are established on a yearly basis, running from 1 January - 31 December each year. 
The size (quantity in kilograms or grams ) of a quota is determined by the stock on hand as of 
31 December each year as well as previous, current and projected consumption. 
Supplementary  quotas can be applied for from the INCB, if required, during the year. Licences 
are issued per consignment. Im porters are required to apply for a licence every time they 
wish to import or export. Import and export licences are only valid for 6 months from the date 
of issue.  
 
III. Import licences are endorsed by New Zealand Customs Services at the time of Customs 
clearance at the New Zealand border. Another copy of the import licence is endorsed by the 
importing company/entity. These copies of the licence are returned to Medicines Control and 
the information provided regarding the actual quantities imported is upda ted in databases. 
This information is relied on for reporting to the INCB of statistics of imports and exports on 
a quarterly basis, as well as in the determination of consumption (within New Zealand) in 
collaboration with information on stocks held. Unuse d allocations cannot be rolled over into 
the next year. Licences cannot be used multiple times.  
 
IV. Applications are demand driven. Applications can be made at any time.  
 
V.      Medicines Control advises applicants to allow up to 30 working days for the processing of 
import applications. There may be delays in the processing of applications where the 
information provided is inaccurate or incomplete, or if additional quota is required.  
 
VI.   An importation may be made as soon as the import licence is issu ed and the competent 
national authority in the country of export has issued the appropriate export 
authorisation/licence.  
 
VII.  Prospective importers can only obtain application forms by requesting these from the Advisor 
(Controlled Drugs) of Medicines Co ntrol. The issuance of licences is under the auspices of the 
Licensing Authority, Medicines Control, Ministry of Health. Where applicable, the Agricultural 
Compounds and Veterinary Medicines (ACVM) group is consulted on importations for 
veterinary controll ed drugs. The Ministry for Primary Industries (MPI) may also be involved 
with the import of varieties of plants prohibited under the Act which contain controlled drugs. 
Ministerial approval is necessary for the import and export of controlled drugs listed in 
schedule 1 (with the exception of cocaine) and many listed in schedule 2 of the Act (excluding 
most opioid controlled drugs such as morphine). Following the issuance of an import licence, 
the competent national authority of the country of export must be  approached for an export 
licence/authorisation.  
 
VIII.   Applications are examined and processed on receipt. If the application exceeds the current 
quota, there will be a delay while extra quota is requested from the INCB. Generally extra 
quota is allowe d as long as it can be justified by a licit purpose.  
 
IX. Competent national authorities in other countries that are signatories to the INCB Conventions 
require an import licence issued by New Zealand before exporting from their country.  
 G/LIC/N/3/NZL/6  
 
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  X.  The importing country is informed of the effect given by the exporting  country by the transfer 
of the appropriate copies of standardised import and export licences required by the INCB for 
signatories to the conventions.  
 
XI.  Licences may be issued with an additional condition to reflect that the import is for re -export 
(or partial re -export). The INCB has advised that import licences issued with this condition 
should not be used in determination of compliance with quotas.  
 
7. The conventions place a quantitative limit on all controlled drugs imported, with the exception of 
a few substances which are classified as controlled drugs under the Act but are not controlled under 
INCB conventions.  
 
(a)  Not applicable .  
 
(b)  Not applicable .  
 
(c)  Not applicable .  
 
(d)  Not applicable . 
 
8. The most common reason for re fusal is that the importer is not authorised to deal controlled drugs 
in New Zealand. The reason for refusal is advised and an application form for a deal licence outlining 
the requirements for a licence may be provided if appropriate. Licences must be iss ued prior to the 
arrival or exit of goods. Licences to import are only issued retrospectively in exceptional 
circumstances, for example an impending national shortage of a drug.  
 
Eligibility of Importers to Apply for Licence  
 
9.(a) The importation of cont rolled drugs operates under a restrictive system as required by the 
international conventions. Only importers with a Licence to Deal in Controlled Drugs, or a 
Licence to Possess Controlled Drugs, or an authorisation under the Act (e.g. a registered 
medical  practitioner) are eligible to apply for import licences.  
 
(b)    Not applicable . 
 
Documentation and Other Requirement for Application for Licence  
 
10. A sample of an application for an import licence is provided. Applicants are occasionally requested 
to provide additional documentation depending on the nature and purpose of the importation (e.g. 
confirmation of ethics approval where the controlled drugs are being imported for a clinical trial) . 
 
11. The export licence copy must accompany the goods across t he border and match up with the 
import licence copy. Licences to import (and export) are issued in quintuplicate. Each copy has a 
specific purpose as stated on the bottom of the copy and must be retained or forwarded to the 
appropriate authority.  
 
Original copy: licensee to forward to the exporter for presentation to the Authorities in the 
country of export .  
Duplicate copy: New Zealand Customs to complete "Import Certification" .  
Triplicate copy: Importer to complete "Importer's Certification" .  
Quadruplicate: Importer's copy .  
Quintuplicate: Copy retained by the Ministry of Health . 
 
12. The fee for an import or export application is NZ $194.22 (inclusive of Goods and Services Tax). 
Up to 4 controlled drug preparations may be listed on one import or  export application.  
 
13. Payment in full is required prior to issuing of a licence. The fee is not refundable if an import or 
export licence expires.  
 G/LIC/N/3/NZL/6  
 
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  Conditions of Licensing  
14. An import or export licence is valid for 6 months from the date of issue. N o extensions can be 
given.  
 
15. No. 
 
16. No. 
 
17.(a) The standard conditions on an import licence are:  
 
-  That the goods must be imported before the expiry date of ...... [6 months from date 
of issue]  
-  That the controlled drugs are only to used for medical, scientific or dog -training 
purposes only   
 
Other conditions that the Licensing Authority may deem necessary can be added to a licence  
 
(b)  Not applicable/ as above.  
 
Other Procedural Requirements  
18. Yes, the importer must have a Licence to Deal in Controlled Drugs or a Licence to Possess 
Controlled Drugs, or be authorised to possess controlled drugs  under the Act.  
 
19. Not applicable. A licence to import is issued to a New Zealand entity.  
 
4  CLUSTER MUNITIONS  
The Convention on Cluster Munitions, 2008, is implemented in New Zealand through the: Cluster 
Munitions Pr ohibition Act 2009 . 
 
Outline of Systems  
1. The Cluster Munitions Prohibition Act 2009 prohibits the import of all cluster munitions, except for 
cluster munitions to be used, developed, produced, otherwise acquired, possessed, retained, 
imported or exported  for the purposes of developing, or training persons in, techniques of cluster 
munitions detection, clearance, deactivation, or destruction.  
 
Purposes and Coverage of Licensing  
2.(a) The Minister of Foreign Affairs may, by notice in writing, authorise clus ter munitions to be 
used, developed, produced, otherwise acquired, possessed, retained, imported or exported 
for the purposes of developing, or training persons in, techniques of cluster munitions 
detection, clearance, deactivation, or destruction.  
 
(b)  A cluster  munition  means a conventional munition that is designed to disperse or release 
explosive submunitions each weighing less than 20 kilograms and  
(i)  includes those explosive submunitions; but  
(ii)  does not include  
-  a mine; or  
-  a munition  or submunition that is designed:  
-  to dispense flares, smoke, pyrotechnics, or chaff; or  
-  to produce  electrical or electronic effects; or  
-  a munition that is designed exclusively for an air defence role; or  
-  a munition that, in order to avoid indi scriminate effects and the risks posed by 
unexploded submunitions, has all of the following characteristics:  
-  each munition contains fewer than 10 explosive submunitions:  
-  each explosive submunition weighs more than 4 kilograms:  
-  each explosive submu nition is designed to detect and engage a single 
target object:  G/LIC/N/3/NZL/6  
 
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  -  each explosive submunition is equipped with an electronic self -destruction 
mechanism:  
-  each explosive submunition is equipped with an electronic self -deactivating  
feature.  
 
3. The system applies to goods originating in and coming from "all" countries.  
 
4. The system is designed to meet the requirements of the Convention by the restricting the quantity 
of cluster munitions imported to those required for the purposes of developing, or training persons 
in, techniques of cluster munitions detection, clearance, deactivation, or destruction. The Minister of 
Foreign Affairs must specify, by notice in the Gazette , the number of cluster munitions determined 
by the Minister to be the number that, for the time being, are absolutely necessary for the purposes 
described above.  
 
5. The Cluster Munitions Prohibition Act 2009  prohibit s the import of all cluster munitions, except for 
those to be used, developed, produced, otherwise acquired, possessed, retained, imported or 
exported for the purposes of developing, or training persons in, techniques of cluster munition 
detection, clearan ce, deactivation, or destruction.  
 
The licensing is statutorily required.  
 
The legislation does not leave designation of products to be subjected to licensing to administrative 
discretion (see answer to Q2 (i) above).  
 
It is not possible for the governmen t (or the executive branch) to abolish the system without 
legislative approval.  
 
Procedures  
6. Not applicable.  
 
7.(a) Not applicable.  
 
(b) Not applicable. Those importing cluster munitions inadvertently could face prosecution.  
 
(c) No. 
 
(d) Not applicable .  
 
8. None.  Although there is no statutory right of administrative appeal against any of the decisions 
by the Minister, applicants could seek a judicial review of an administrative decision through the 
courts.  
 
Eligibility of Importers to Apply for Licen ce 
9.(a)  Yes. 
 
(b)  Not applicable.  
 
Documentation and Other Requirements for Application for Licence  
10. There are no specifically listed information requirements. Applicants would need to make a case 
to the Minister of Foreign Affairs for the importation of cluster munitions in conformance with the 
stated exemptions outlined in the Cluster Munitions Prohibit ion Act 2009 , and provide relevant details 
around type, quantity, storage and ultimate disposal.  
 
11. Authorisation from the Minister of Foreign Affairs to import and designation by the Minister as 
an officer authorised  to be in possession of anti -personnel mines as defined in the Cluster Munitions 
Prohibition Act 2009 .  An import entry clearance would need to be completed with Customs before 
release of the goods.  
 G/LIC/N/3/NZL/6  
 
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  12. There are no a dministrative charges for the process of obtaining permission to import anti -
personnel mines.  
 
13. Not applicable.  
 
Conditions of Licensing  
14. There is no set period of validity for an approval to import. It is possible a period of validity could 
be spec ified at the time of approval by the Minister of Foreign Affairs.  
 
15. No.  
 
16. No. 
 
17. No, other than compliance with the Cluster Munitions Prohibition Act 2009.  
 
Other Procedural Requirements  
18. No. 
 
19. Not appli cable.   
 
5  ENDANGERED, THREATEN ED SPECIES  
Outline of systems  
1. Under the Convention on International Trade in Endangered Species (CITES), documentation is 
required for the import, export, re -export and introduction from the sea of species listed in its 
Appendices. The nature of permitting various depending on: the App endix in which the species is 
listed; the age of the specimen; and the nature of the specimen (e.g. personal effects, scientific 
samples, etc.). All parts and derivatives of species are included. Permits are obtained from  the CITES 
Management Authority in each country.  
 
Purposes and coverage of licensing  
2. All parts and derivatives of species listed in the CITES Appendices.  
 
3. All Parties to the CITES Treaty.  Non-parties trading CITES listed species with CITES Parties are 
also required to use equivalent documentation . 
 
4. Licensing is intended to ensure that harvesting for trade does not impact the long -term survival 
of endangered species in the wild.  
 
5. In Ne w Zealand, Trade in Endangered Species Act 1989.  
 
Procedures  
6. Not applicable, as New Zealand does not have restrictions on quantity of imports.  
 
7. In New Zealand, we aim to process all permits within 20 working days (though it usually takes 5 -
10 days).  All CITES permits are granted by the Department of Conservation. Permit signatories must 
be lodged with the CITES Secretariat to ensure a system of checking veracity of permits (for example 
through signatures).  
 
8. An application for a permit may be refu sed if criteria are not met. No applications have been 
declined due to other reasons.  
 
9. All persons, firms and institutions are eligible to apply for permits.  
 G/LIC/N/3/NZL/6  
 
- 12 - 
 
  Documentational and other requirements for application for license  
10. Full information abou t the importer and the specimen to be traded is required. Application form 
is available here: https://www.doc.govt.nz/cites . 
 
11. Original permits must accompany the consignment, and are collected by the border  control 
agency in the country of import.  
 
12. New Zealand fees are indicated on the webpage specified under question 10. If permits are 
required by other countries (for example in a situation where both import and export permits are 
required), applicants  must pay those. Prices vary by country, so this information is not available.  
 
13. Payment must be received before a permit can be issued.  
 
Conditions of licensing  
14. New Zealand permits cannot be extended, as they cannot be tampered with. CITES permit s 
issued by the New Zealand CITES authorities are affixed with a holographic security stamp, so 
originals (not tampered with) must be used.  
 
15. There is no penalty for non -utilisation of a permit.  
 
16. Permits are non -transferable.  
 
17. Permit conditions are included with this document (general conditions for all permits, special 
conditions for live bird exports).  
 
Other procedural requirements  
18. None related to CITES requirements.  
 
19. Not applicable.  
 
6  FIREARMS AND RESTRIC TED WEAPONS  
Arms Act 1983 and Arms Regulations 1992  
 
Outline of Systems  
1. Applicants for a permit to import firearms and parts thereof, and restricted airguns may apply to 
an Arms Offic e, or direct to the National Firearms Permit Centre at Police National HQ for the permit. 
Permits to import pistols, restricted weapons, MSSAs , Prohibited firearms  and Restricted Airguns are 
subject to a special reason.  This requirement covers firearms, in cluding pistols, restricted weapons, 
prohibited firearms (certain semi-automatic rifles  and shotguns  and military style semi -automatic – 
all MSSA are prohibited firearms from 12 April 2019) , parts thereof , prohibited magazines  and 
Airguns which mimic real firearms (Restricted Airguns).  
 
Purposes and Coverage of Licensing  
2. The permitting regime applies to firearms, pistols, restricted weapons, prohibited firearms , and 
parts thereof , prohibited magazines  and restricted airguns.  
 
3. The system applies to go ods originating in and coming from all countries.  
 
4. The purpose is both the safe use and control of firearms and other weapons.  
 
5. Import permitting for firearms (etc.) is established by the Arms Act 1983 and Arms 
Regulations  1992. Certain organisations, including New Zealand Defence and Police are exempt from 
the licensing regime and may import firearms etc. direct if in the personal possession of a member 
of that organisation and for the purposes of that organisation.  
 G/LIC/N/3/NZL/6  
 
- 13 - 
 
  Procedures  
6. The im portation of sporting firearms is constrained by the approval of those firearms as being 
safe and having a valid civilian use in New Zealand, and by market forces. Importation of pistols, 
restricted weapons, prohibited  firearms and restricted airguns are c onstrained by the requirement 
for a "special reason".  
 
7.(a) A permit to import is required before the firearm lands in New Zealand. The only exception is 
where the individual has been unable to obtain a permit. This is only in exceptional 
circumstances an d only  applies only to immigrants to New Zealand.  
 
(b) Import permits may only be issued to the holder of a firearms licence. Visitors may obtain a 
visitor's licence and permit to import (on demonstrating that they are fit and proper to possess 
firearms, a nd that they have been a bona fide shooter in their country of origin). Visitors must 
apply through an online application form direct to the National Firearms Permit Centre at Police 
National HQ, 28 working days ahead of arrival in New Zealand.  
 
(c)  Not applicable.  
 
(d) New Zealand  Police manages the firearms import permit regime (see above).  
 
8. The application for a permit to import may be refused at the discretion of Police. A reason is 
required to be provided and is subject to judicial review.  
 
Eligibility of Importers to Apply for Licence  
9.(a) Only the holder of a firearms licence may apply for a permit to import a firearm (etc.).  
 
Documentational and Other Requirements for Application for Licence  
10. The applicant is required to complete a standard form.  
 
11. The permit to import is required to be presented to the New Zealand  Customs Service.  
 
12. There is currently no charge.  
 
13. None.  
 
Conditions of Licensing  
14. Permits to import firearms (etc.) are valid for one year from da te of issue.  
 
15. No. 
 
16. The permit to import is personal to the person it is issued to.  
 
17. Conditions may be placed on the permit to import (for example, surrender of a worn part where 
the special reason relates to replacing a worn part of a prohibite d firearm).  
 
7  EXPLOSIVES  
Hazardous Substances and New Organisms Act 1996 and various HSNO regulations  
 
Outline of Systems  
1. Hazardous Substances and New Organisms Act 1996 (HSNO) is the legislation under which 
hazardous substances are regulated. Under the legislation all hazardous substances must be 
approved before they are imported to or used in New Zealand. Approval is of the substances and 
once approved anyone meeting conditions on use may make use of (and import) the substance.  G/LIC/N/3/NZL/6  
 
- 14 - 
 
  There are a number of ap proval types with approvals being given under different parts of the HSNO 
Act: 
 
- Part 5 Approvals – cover a single hazardous substance ; 
- Part 6A Group standards – cover group of substances with similar hazard properties, use and 
handling requirements.  
 
Conditions are applied on the use of the substance.  Applications can be made for the following 
approvals of hazardous substances:  
 
- Release approvals - pesticides, veterinary medicine and products not covered by group 
standard approvals;  
- Group standard approvals  - general and industrial use products with similar uses and hazards ; 
- Issuing a new grou p standard approval - for products with similar uses and hazards for which 
a group standard does not yet exist;  
- Emergency approvals  - to use a non -approv ed substance in an emergency situation or to use 
a substance in a way it is not approved for;  
- Containment approvals  - for use as an analytical standard , research and development, or for 
export only;  
- Transhipment approvals  – for the temporary entry of a non-approved substance into 
New Zealand for tran shipment;  
- Import certificates for explosives - to apply for an Explosives Import Certificate;  
- Approvals for fireworks  - for test cert ificates required for fireworks.  
 
The first three of these are generic and apply to the su bstance and all users may make use of the 
approval. The last five relate to a particular use/action and are held by individuals for a particular 
purpose that relates to the substance.  
 
The agency that administers the regulatory regime and which makes deci sions on applications is the 
Environmental Protection Authority.  
 
In 2015 the Health and Safety at Work Act 2015 amended the legislation regarding the use of 
hazardous substances in workplaces. These changes meant the regulatory provisions concerning the 
import of explosives have been changed but the requirements are largely identical to earlier rules.  
 
Purposes and Coverage of Licensing  
2. All hazardous substances must be approved under the Hazardous Substances and New Organisms 
Act 1996 before they can be manufactured in New Zealand or imported into New Zealand. The 
approved explosives are specified in the Hazardous Substances (Fireworks, Safety Ammunition, and 
Other Explosives Transfer) Regulations 2003 
(http://www.legislation.govt.nz/regulation/public/2003/0176/latest/DLM198682.html?search=ta_reg
ulation_H_rc%40rinf%40rnif_an%40bn%40rn_25_a&p=1 ). Before a new explosive not covered by 
the Transfer Regulations can be granted an import certificate approval for the explosive would need 
to be sought under Part 5 of the Hazardous Substances and New Organisms Act 1996.  
 
Import certificates are required for the import of approved explosives into New Zealand under the 
Hazardous Substances (Importers and Manufacturers Information) Amendment Notice 2017.  This, 
and a later 2018, amendment is included in the consolidated notice :  
https://www.epa.govt.nz/assets/Uploads/Documents/Hazardous -Substan ces/EPA -
Notices/7246c7fa7e/Hazardous -Substances -Importers -and-Manufacturers -Notice -2018-
consolidated.pdf  
 
As a result of the 2018 Amendment, since 1 October 2018, an import certificate is only required for:  
• explosives that require a controlled substance li cence under the Health and Safety at Work 
(Hazardous Substances) Regulations 2017  
• retail fireworks, except novelty and noise -maker fireworks specified in regulation 4(2) of 
the Hazardous Substances (Fireworks) Regulations 2001, such as party poppers and 
Christmas crackers.  G/LIC/N/3/NZL/6  
 
- 15 - 
 
  The Health and Safety at Work (Hazardous Substances) Regulations are available at: 
http://www.legislation.govt.nz/regulation/public/2017/0131/latest/DLM7309401.html?search=ta_reg
ulation_H_rc%40rinf%40rnif_an%40bn%40rn_25_a&p=2  
 
The requirement for import certificates covers all explosives as outlined in the Hazardous S ubstances 
(Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003 : except for the 
following:  
 
(a) safety ammunition, including pre -primed cartridges and primers, of class 1.4S;  
(b)  airbag initiators and seatbelt pre -tensioners of c lasses 1.4G and 1.4S;  
(c)  cable cutters of class 1.4S (UN 0070);  
(d)  power device cartridges of class 1.4S (UN 0323);  
(e)  signal or shock tubes of class 1.4 (UN 0349);  
(f)  cassette degradation devices of class 1.4S (UN 0432) ; 
(g)  novelty and noise -maker fireworks specified in the Hazardous Substances (Fireworks) 
Regulations 2001.  
 
3. The Import Certificate for Explosives applies to the relevant goods originating from all countries.  
 
4. The purpose of the HSNO regulation of ha zardous substances is to protect the environment and 
the health and safety of people and communities by preventing or managing the adverse effects of 
hazardous substances. A licensing system is used for only one area: explosives require an 
"Explosives Impo rt Certificate" to be imported into New Zealand.  
 
The purpose of the Import Certificate for Explosives is to ensure that all explosives are recorded and 
documented. The Import Certificate is the first step in this recording for imported explosives. Once 
inside New Zealand, under the Health and Safety at Work (Hazardous Substances) Regulations 2017 
all explosives other than those listed exempt by Schedule 26 of the regulations must be tracked.  
Domestically produced explosives are also tracked. The purpose o f the tracking system is to ensure 
that the whereabouts of explosives can be traced so that only those able to have and use them have 
access to them.  
 
5. The requirement for an Import Certificate for Explosives is in the EPA’s Hazardous Substances 
Importers and Manufacturers Information Amendment Notice 2017 issued under the Hazardous 
Substances and New Organisms Act.   
https://www.epa.govt.nz/assets/Uploads/Documents/Hazardous -Substances/EPA -
Notices/Hazardous -Substances -Impor ters-and-Manufacturers -Information -Amendment -Notice -
2017.pdf  
 
Procedures  
6. Not applicable.  
 
7.(a) The licence must be applied for at least 10 working days before the arrival of the goods in 
New Zealand. In cases of urgency, importers can apply on a shorte r timeframe, but the 
granting of the application remains at the New Zealand authority's discretion.  
 
(b) No. 
 
(c) No. 
 
(d) Yes, a single organisation handles the application and approval process.  
 
8. The licence can be declined if there not sufficient guarantee that the materials will be kept secure 
in transit. Applicants have the right to judicial review in the New Zealand judicial system if they wish 
to dispute the outcome of an application.  
 G/LIC/N/3/NZL/6  
 
- 16 - 
 
  Eligibility of Importers to Apply for Licence  
9. Anyone (firm, organisation or person) can apply for an Import Certificate for Explosives. If the 
amount of explosive is over the threshold for a site before a test certificate is required under the 
Health and Safety at Work (Hazardous Substances) Regulati ons 2017, then evidence must be shown 
that the site has a test certificate indicating it complies with storage requirements.  
 
Documentational and Other Requirements for Application for Licence  
10. Links from the webpage go to forms and guides relevant to import certificates for explosives:  
https://www.epa.govt.nz/industry -areas/hazardous -substances/making -an-application/explosive s-
import -certificate/ . 
 
An import certificate for explosive can only be issued for explosives that have been approved as 
approved substances under Part 5 of the HSNO Act and where the import complies with 
requirements. Evidence is needed of the site the ex plosives are to be stored in (or used) and of the 
person in charge of the explosives at this site.  
 
11. Documents required on importation are those required under the United Nations 
Recommendations on the Transport of Dangerous Goods, model regulations 17th revised edition. 
https://www.unece.org/trans/danger/publi/unrec/rev17/17files_e.html  
 
12. The full list of substance application fees is found on:  https://www.epa.govt.nz/applications -and-
permits/fees -and-charges/ . 
 
The fees for an import certificate for explosives and controlled substances licences are:  
 
Import certificate for explosives  
 
Activity  Fee ($NZ, Goods and Services tax inclusive)  
Standard explosives  and fireworks  $575.00  
  
13. Payment in full is required upon application.  
 
Conditions of Licensing  
14. The Import Certificate for Explosives relates to a specified explosive being imported for a specific 
site (usually a distribution site) in New Zealand. The Health and Safety at Work (Hazardous 
Substances) Regulations 2017 under the Health and Safety at Wor k Act 2015 require tracking of the 
substance from here onwards.  
 
15. No. 
 
16. No. 
 
17. No. 
 
Other Procedural Requirements  
18. Not applicable.  
 
19. Not applicable.  
 
8  HAZARDOUS WASTES  
Outline of Systems  
1. Imports of waste classified as hazardous under the Imports and Exports (Restrictions) Prohibition 
Order (No 2) 2004 require consent from the Environmental Protection Authority.  Consent is obtained G/LIC/N/3/NZL/6  
 
- 17 - 
 
  through meeting the requirements of the Order and where pr oposed imports are in conformity with 
New Zealand’s obligations under the Basel Convention, the Waigani Convention and OECD Decision 
C(2001)107/Final on the Control of Transboundary Movements of Wastes Destined for Recovery 
Operations.  
 
Purposes and Cover age of Licensing  
2. As above.  
 
3. The system applies to goods originating in and coming from countries who are Parties to the Basel 
Convention, the Waigani Convention or the OECD Decision.  Imports from non -Parties are prohibited.  
 
4. The purpose is to ens ure environmentally sound and efficient management of hazardous wastes 
and that transboundary movements are conducted in a manner which will protect human health and 
the environmental against the adverse effects which may result.  
 
5. Imports and Exports (R estrictions) Act 1988, Imports and Exports (Restrictions) Prohibition Order 
(No 2) 2004.   
 
Required to implement obligations under the Basel Convention on the Control of the Transboundary 
Movement of Hazardous Wastes and their Disposal and the Waigani Con vention to Ban the Importation 
into Forum Island Countries of Hazardous and Radioactive Wastes and to Control the Transboundary 
Movement and Management of Hazardous Wastes within the South Pacific Region and the OECD 
Decision C(2001)107/Final on the Contro l of Transboundary Movements of Wastes Destined for 
Recovery Operations.  
 
"waste" and "hazardous waste" are defined in the Order.  
 
 It is not possible for the government (or the executive branch) to abolish the system without 
legislative approval.  
 
Procedu res 
6. Not applicable . 
 
7.(a) No set time limit, depends on timing of commercial arrangements.  No ability to fast track a 
licence.   
 
(b) No. 
 
(c) No. 
 
(d) Yes - one single administrative organ.  
 
8. No additional reasons as to why a request would be refused.  Judicial review of decision is only 
course of appeal.  
 
Eligibility of Importers to Apply for Licence  
9.(a) Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply.  
 
Documentational and Other Requirements for Application for  Licence  
10. A guidance document and the application form for an import permit is provided on the EPA 
website:   
https://www.epa.govt.nz/ industry -areas/hazardous -substances/hazardous -waste/importing -
hazardous -waste/  
 G/LIC/N/3/NZL/6  
 
- 18 - 
 
  Documents the importer is required to supply with the application include a completed notification 
form, contract(s), insurance, evidence of environmentally sound management, r eason for export.  
11. Letter of consent from the Environmental Protection Authority containing a permit number.  
 
12. No. 
 
13. Not applicable.  
 
Conditions of Licensing  
14. The period of validity of a license is up to twelve months.  
 
15. No. 
 
16. No.  
 
17. Yes, determined on a case by case basis.  
 
Other Procedural Requirements  
18. No. 
 
19. Not applicable.  
 
9  GRAPHIC MATERIALS IN TENDED FOR USE BY CH ILDREN  
Hazardous Substances and New Organisms (HSNO) Act 1996 Graphic Materials Group Standard 
2009.  
 
Outline of Systems  
1. The Hazardous Substances and New Organisms (HSNO) Act 1996 was enacted to provide a 
comprehensive health, safety and environmental regulatory framewo rk covering explosives, 
flammable, oxidising and corrosive substances, as well as those that are toxic to people and the 
environment. The purpose of the HSNO Act is: "to protect the environment, and the health and 
safety of people and communities, by preve nting or managing the adverse effects of hazardous 
substances and new organisms".   
 
Purposes and Coverage of Licensing  
2. Some graphic materials have been found to contain high concentrations of toxic elements and 
their compounds. Graphic materials that r equire clearance for toxic substances refer to products 
such as crayons, finger paints and children's watercolour paints, specifically manufactured for use 
by children.  
 
3. The system applies to goods originating in and coming from all countries.  
 
4. Young children are at greater risk of poisoning through ingestion of hazardous substances that 
may be contained in such products. These requirements on the importation of graphic materials are 
in place to reduce the risk of poisoning of young children.  
 
5. Under the Hazardous Substances and New Organisms (HSNO) Act 1996 , the Graphic Materials 
Group Standard 2009 to reduce the risk of poisoning of young children. The Environmental Protection 
Authority has adopted the limits that were specified in the old To xic Substances Regulations. The 
Group Standard regulate the maximum permissible levels of metals in imported and locally made 
graphic materials. Since June 2009, it has been an offence to import or manufacture graphic 
materials intended for use by children  if they do not meet the maximum permissible metal limits set 
in the Group Standard.  
 G/LIC/N/3/NZL/6  
 
- 19 - 
 
  The import clearance under the Graphic Materials Group Standard is given by the EPA . Until 2017, it 
was given by the Medical officer of Health .   
Procedures  
6. Not Appli cable.  
 
7.(a) Clearances of imported graphic material are managed by the EPA. Applications for clearances 
or approvals for importation are sent to the EPA on the appropriate form. The written approval 
of the EPA is required before  goods are imported into N ew Zealand.  Importers or 
manufacturers are responsible to ensure that graphic materials are tested for metal levels by 
an accredited laboratory. In New  Zealand, laboratories are accredited by International 
Accreditation New  Zealand (IANZ) who can provide c ontact details of accredited laboratories. 
Products being imported into New Zealand may be tested by overseas laboratories that are 
accredited by a body recognised by IANZ.  
 
(b) No. Approval for clearance can be provided once the EPA is provided with evide nce that imported 
graphic materials intended for use by children meet the maximum permissible metal limits set 
in the Group Standard.   
 
 Goods that arrive without approval will be held at the border until the approval is obtained.   
 
(c) There are no limi tations as to the period of the year during which application for licence and/or 
importation may be made, other than applications generally being required to be submitted 
during normal business hours.   
 
(d) Consideration  of licence applications is effecte d by a single administrative organ, the EPA.  
 
8. No additional reasons as to why a request would be refused. Judicial review of a decision is the 
only course of appeal.  
 
Eligibility of Importers to Apply for Licence  
9. All persons, firms and institutions are eligible to apply under non -restrictive syste ms. 
 
Documentational and Other Requirements for Application for Licence  
10. The information required for an application is a completed application form and evidence that 
imported graphic materials intended for use by children meet the maximum permissible metal limits 
set in the Group Standard.  This may take the form of analytical results from New Zealand 
laboratories accredited by International Accreditation New  Zealand (IANZ) or from overseas 
laboratories that are accredited by a body recogni sed by IANZ. The documentation required is outline 
in the application form:  
https://www.epa.govt.nz/assets/Uploads/Documents/Hazardous -Substances/Forms/Application -
Form-Graphic -Materials -under -Group -Standard.docx   
 
https://www.epa.govt.nz/industry -areas/hazardous -substances/making -an-application/graphic -
materials/  
 
11. Documents are required upon actual importation are the EPA’s approval.  
 
12. There is no licensing fee or administrative charge.  
 
13. Not applicable.  
 
Conditions of Licensing  
14. The period of validity of a license is for the specific consignment that has been approved.  
 
15. No. 
 G/LIC/N/3/NZL/6  
 
- 20 - 
 
  16. No as the approval is specific for each consig nment.  
 
17. Not applicable – the approval will not be issued until evidence is provided that imported graphic 
materials intended for use by children meet the maximum permissible metal limits set in the Group 
Standard.  
 
Other Procedural Requirements  
18. Not applicable.  
 
19. Not applicable.  
 
10  OFFENSIVE WEAPONS (K NIVES, BAYONETS, AND  KNUCKLE DUSTERS)  
Outline of Systems  
1. The Customs Import Prohibition Order 2017 prohibits the importation of the offensive weapons 
listed below, except with the consent of: the Commissioner of Police, a Deputy Commissioner of 
Police, the Manager: Arms control Service Centre; Response & Operations, New Zealand Police, or 
the National Manager Response & Operations, New Zealand P olice. 
 
Applicants for a consent to import the above offensive weapons may apply to a Police Arms Officer 
or the Manager: Arms control Service Centre  Response & Operations, New Zealand Police.  
 
Purposes and Coverage of Licensing  
2. The permitting regime ap plies to all of the offensive weapons listed below:  
 
Knuckledusters, knives incorporating knuckledusters, swordsticks (including, without limitation, any 
identifiable components of swordsticks), and any weapon disguised to give the appearance of 
another ar ticle. 
 
Any knife having a blade that opens automatically by hand pressure applied to a button, spring, or 
other device in or attached to the handle of the knife (sometimes known as a flick knife or flick gun).  
 
Any knife having a blade that is released fr om the handle or sheath by the force of gravity or the 
application of centrifugal force, and that, when released, is locked in place by means of a button, 
spring, lever, or other device (sometimes known as a gravity knife or butterfly knife).  
 
Any knife, w ith the exception of a folding pocket knife with a blade less than 10 cm in length, that : 
 
(a)  is designed for ease of concealment on the person; or  
(b)  has a blade with at least 2 edges that is designed or suitable for stabbing or throwing (as 
opposed t o cutting); or  
(c)  is a knife of any of the kinds sometimes known as a fist knife, gimlet knife, punch dagger , 
push dagger, push dirk, push knife, T -handled knife, or throwing knife , bayonets.  
 
3. The system applies to goods originating in and coming from all countries.  
 
4. The purpose is the control of offensive weapons.  
 
5. Customs Import Prohibition Order 2017 . 
 
Procedures  
6. Controls on the importation of offensive weapons is not subject as to the quantity or value of the 
imports.   The importation of offensive weapons is constrained by the purpose for which the applicant 
wishes to possess the weapon, and their suitability to d o so.  
 
7.(a) Permission to import is required before the offensive weapon is imported into New Zealand. 
Permission may only be issued on the basis of an application made in writing.  G/LIC/N/3/NZL/6  
 
- 21 - 
 
  (b) No. 
 
(c) No. 
 
(d) Yes, New Zealand  Police manages the offensive weapo ns import permit regime.  
 
8. The application for permission to import may be refused at the discretion of Police. A reason is 
required to be provided and is subject to judicial review.  
 
Eligibility of Importers to Apply for Licence  
9. Yes. Upon receiving  an application in writing police consider the purpose for which the applicant 
wishes to import the weapon and their suitability to possess that weapon.  
   
Documentational and Other Requirements for Application for Licence  
10. The applicant is required to complete a standard form.  
 
11. The permission to import is required to be presented to the New Zealand  Customs Service.  
 
12. There is currently no charge.  
 
13. No. 
 
Conditions of Licensing  
14. Permission to import offensive weapons is valid for one year from date of issue.  
 
15. No. 
 
16. The permission to import is personal to the person it is issued to.  
 
17. Conditions may be placed on the permission to import.  
 
Other Procedural Requirements  
18. No. 
 
19. No. 
 
11  IMPORTS TO ANTARCTIC A  
Antarctica (Environmental Protection) Act 1994  
 
Outline of Systems  
1. Under the Antarctica (Environmental Protection) Act 1994  and consistent with the requirements 
of the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol), the 
importation of certain items into Antarctica is restricted or prohibited.  
This legislation applies:  
 
- to any person in the Ross Dependency;  
- to any New Zealand citiz en and to any person ordinarily resident in New Zealand;  
- to any person who is for the time being a member of, or responsible for organising, any 
expedition to Antarctica which is organised in New Zea land or which proceeds from 
New Zealand as its final po int of departure for Antarctica;  and 
- in respect of any act or omission occurring on board any ship or aircraft, to any person on 
board any  ship or aircraft that is:  
- a New Zealand ship or a New Zealand aircraft; or  
- any other ship, whether registered or not and of whatever nationality, which proceeds 
from New Zealand as its final point of departure for Antarctica.  G/LIC/N/3/NZL/6  
 
- 22 - 
 
  Purposes and Coverage of Licensing  
2. The import licensing system is implemented through the Antarctica (Environmental Protection ) 
Act 1994  which provides that:  
 
- No person shall introduce onto land or ice shelves or into water in Antarctica any species of 
animal, plant, or micro -organism not native to that area (s28(1) (e).  
 
- No person shall import any non -sterile soil into Antar ctica – except in accordance with a permit 
issued under the Act (s28(1) (f).  
 
- No person shall import into Antarctica any dressed poultry knowing that an inspection in 
accordance with the Protocol on Environmental Protection to the Antarctic Treaty revea ls 
evidence of disease.  
 
- Permits to bring into Antarctica any animal, plant, or micro -organism not native to Antarctica, 
or to import any non -sterile soil shall only be issued in accordance with and subject to the 
restrictions and conditions set out in Article 4 of Annex II to the Madrid Protocol and 
appendices to that Annex and subject to other conditions as the Minister considers appropriate 
and not inconsistent with the purposes and principles in section 9 of the Antarctica  
(Environmental Protection) Act 1994 . 
 
3. The system applies to goods from all countries.  
 
4. The above restrictions have been put in place to implement the Protocol on Environmental 
Protection to the Antarctic Treaty . The objective of the Protocol on Environmental Protection to the 
Antarctic Treaty  is the comprehensive protection of the Antarctic environment and its dependent 
and associated ecosystems.  
 
5. The permitting regime for Antarctic activities including the importation of certain goods as 
highlighted above is a statutory requirement. The Antarctica (Environmental Protection) Act 1994  
grants the Minister of Foreign Affairs the power to grant some permits with respect to proposed 
activities in Antarctica based on their likely impact on the Antarctic environmen t. Other permits 
require the approval of Antarctic Treaty Consultative Parties. The Antarctica (Environmental 
Protection) Act 1994  may not be repealed without legislative approval.  
 
Procedures  
6. Not applicable.  
 
7.(a) Persons proposing to undertake activi ties in Antarctica including those which may involve the 
importation of certain goods are encouraged to contact the Ministry of Foreign Affairs as early 
as possible to discuss their plans and no later than three months before the proposed activity 
is expec ted to start.  
 
(b) Permits cannot be granted immediately upon request. Permits should generally be obtained 
prior to activities being pursued in Antarctica. In exceptional circumstance permits can be 
issued retrospectively.  
 
(c) Applicants are encouraged to seek permit before the end of September each year prior to the 
activity taking place but applications can be received through the year.   
 
(d) Permit applications are assessed by the Environment Division of the Ministry of Foreign Affairs 
who seek exper t advice on the likely environmental impact of proposed activities and provide 
advice to the Minister of Foreign Affairs on whether to permit the activity and whether to  
impose conditions on the activity to protect the environment, and manage compliance, 
environmental monitoring and post -activity reporting. Applicants deal exclusively, with the 
Ministry of Foreign Affairs . 
 
8. The issuance or denial of a permit is based on the likely impact of the activity on the Antarctic 
Environment, and the reason for a decision or conveyed to the applicant. The applicants have 
recourse to judicial review of the decision under the Judicature Amendment Act 1972.  G/LIC/N/3/NZL/6  
 
- 23 - 
 
  Eligibility of Importers to Apply for Licence  
9.(a) Not applicable.  
 
(b) All persons to whom the Antarctica (Environmental Protection) Act 1994  applies are eligible 
to apply for a permit for a proposed activity in Antarctica. There is no fee.  
 
Documentational and Other Requirements for Application for Licence  
10. The applicants  are required to provide the following information:  
 
- A description of the proposed activity;  
- A statement as to the likely environmental impact of the proposed activity;  
- A statement as to whether the applicant is applying or has applied the environmen tal 
assessment procedures set out in Annex I of the Madrid Protocol to the activity;  
- The name and contact address in New Zealand of the person;  
- The number of person the in the expedition likely to carry out the activity;  
- The date and place of final d eparture from Antarctica;  
- Further information may be required to be submitted based on the initial evaluation of the 
proposed  activity.  
 
11. Permits are required to be carried at all times when undertaking approved activities.  
 
12. No fee is charged.  
 
13. Not applicable.  
 
Conditions of Licensing  
14. The period of the permit depends upon the specific activity. Extensions to permits can be applied 
for by applicants.  
 
15. There is no penalty fee for not using a permit or portion of a permit.  
 
16. Permits are not transferable but can be varied by the addition or omission of persons covered.  
 
17. The Minister of Foreign Affairs can impose additional conditions on permits in order to minimise 
the effects of the activity on the Antarctic environment.  
 
Other Procedural Requirements  
18. There are no other administrative processes required.  
  
19. No applicable.  
 
12  MARINE ANIMALS  
Outline of Systems  
1. The import and export of marine mammals (including marine mammal products)  is governed by 
both CITES and the Marine Mammals Protection Act 1978 (sections 4(2), (5), and (6)).  A permit is 
required to hold any marine mammal (or marine mammal product) except in the circumstances set 
out in section 4(5) Marine Mammals Protection Ac t (MMPA), and any institution or individual wishing 
to export or import such material must apply for a permit from the Department of Conservation to 
do so.  The Marine Mammals Protection Act specifies particular aspects that must be considered 
when assessi ng an application for such a permit, which include:   
 
- The need to conserve, protect, or manage any marine mammal;   
- Any international agreement to which New Zealand is a party;   
- Any submissions received.  
 G/LIC/N/3/NZL/6  
 
- 24 - 
 
  Purposes and Coverage of Licensing  
2. Permits to import / export issued under the Marine Mammals Protection Act include all live or 
dead marine mammals, and all marine mammal products (with the exception of marine mammal 
material being an ornament or an item for personal use or adornment made wholly or principally 
from any part or parts of a marine mammal, if the marine mammal product accompanies that person 
from or into New Zealand or comprises part of that person's belongings and was in existence in a 
similar form as at the commencement of th is Act) (see s.4(5) MMPA).  
 
3. The system applies to goods originating in and coming from all countries.  
 
4. A function of the Department of Conservation, under the MMPA, is to protect, conserve and 
manage marine mammals in New Zealand and in New Zealand f isheries waters.  The most effective 
way to manage and minimise human impact on marine mammals is through a permitting system.  
New Zealand has no specific quantity or value limits on the import / export of marine mammal 
material.  
 
5. Marine Mammals Protec tion Act 1978.  The legislation would require amending to remove the 
requirement for import/export permits.  It is not possible to abolish the system without legislative 
approval.   
 
Procedures  
6. Not applicable.  
 
7.(a)  At least 8 weeks is the minimum preferable.  
 
(b) No. 
 
(c) No. 
 
(d) Yes, applications can be dealt with under delegated authority from the Minister of Conservation 
by the Department of Conservation's staff.  
 DOC is the administering authority, but permit applications may require a  statutory process 
of public consultation (28 days). Permit applications that relate to an emergency situation or 
to the taking of any marine mammal solely for the purposes of research may not require public 
consultation (at the discretion of the Minister)  – see section 5(6) MMPA.  
 
8. There are no circumstances where a permit may be declined other than the criteria specified in 
the Marine Mammals Protection Act. Yes, reasons for refusal are given to the applicant.  Applicants 
have no right of appeal (see se ction 6 MMPA) but could apply for judicial review if administrative law 
failure present).  
   
Eligibility of Importers to Apply for Licence  
9.(a) Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply if they meet the criteria specified in 
the Marine Mammals Protection Act.  
 
Documentational and Other Requirements for Application for Licence  
10. The applicant is required to provide the following:  
 
(a) The full name and address of the applicant, whether or not the applic ant is a New Zealand 
citizen, and details of such qualifications and experience as the applicant considers will assist 
the Minister in his consideration of the application;  
 
(b) In the case of an intended research project, a full description of the projec t or programme in 
which the marine mammal to be taken will be used, a complete list of the sponsors or co -G/LIC/N/3/NZL/6  
 
- 25 - 
 
  operating institutions concerned with the project, and the names and qualifications of any 
scientists involved;  
 
(c) Where the marine mammal is for d isplay or zoological purposes, details relating to the facilities 
where the mammal taken will be held or displayed or, if a certificate has been issued in respect 
of any zoological garden pursuant to regulations made under section 25 of the Animals Act 
1967, details of the certificate;   
 
(d) Where a  marine mammal is to be captured, the number of persons to be involved, the 
population or area from which it is proposed to take the mammal, and details of the proposed 
methods of capture and transportation.  
 
11. CITES documentation and Marine Mammals Protection Act permit.  
 
12. Permit processing fees are applicable and vary among applications according to the work 
involved in permit processing, and whether the application would require gazettal.  General power 
to charge fees given under section 60A -C Conservation Act.  
 
13. On receipt of a permit application, DOC provides an estimate of the cost of permit processing to 
the applicant, and requires a lodging fee/deposit prior to initiating processing. DOC is able t o waive 
the fees under certain circumstances.  
 
Conditions of Licensing  
14. Varies among permits, and may be varied by permit amendment.  A permit may be extended 
by application to do so being granted by the Minister's delegate.  
 
15. No. 
 
16. Permits may be transferred to another person with the prior consent of the Minister after an 
appropriate application.  Such transfers are likely to be subject to conditions.  
 
17. Conditions may be prescribed as per section 7 of the Marine Mammals Protectio n Act.  
 
Other Procedural Requirements  
18. Not applicable.  
 
19. Not applicable.  
 
13  OZONE DEPLETING SUBS TANCES  
Outline of Systems  
1. Imports of ozone depleting substances controlled under the Ozone Layer Protection Act and 
Regulations 1996 and some goods also  so controlled require consent from the Environmental 
Protection Authority.  How consent is obtained depends on the substance and/or intended use.  
 
Purposes and Coverage of Licensing  
2. As above.  
 
3. The system applies to goods originating in and coming from countries who are Parties to the 
Montreal Protocol on Substances that Deplete the Ozone Layer and its various amendments.  
 
4. The purpose is to help protect human health and the environment from adverse effects resulting 
or likely to result fro m human activities which modify or are likely to modify the ozone layer by 
phasing out ozone depleting substances as soon as possible except for essential uses and giving 
effect to New Zealand's obligations under the Vienna Convention and the Montreal Prot ocol.  
 
5. Ozone Layer Protection Act 1996, Ozone Layer Protection Regulations 1996, required to 
implement obligations under the Vienna Convention and the Montreal Protocol. Controlled ozone G/LIC/N/3/NZL/6  
 
- 26 - 
 
  depleting substances and products containing ozone depleting subs tances are listed in the 
Regulations and restrictions on these are also in the regulations. It is not possible for the government 
(or the executive branch) to abolish the system without legislative approval.  A 2019 amendment to 
the Regulations extended cov erage to hydrofluorocarbons that are subject to the Kilgali Amendment 
to the Montreal Protocol. From 1 January 2020 a permit from the EPA will be required before bulk 
HFC can be imported into New Zealand.  
 
The Act:   
http://www.legislation.govt.nz/act/public/1996/0040/latest/DLM391469.html?search=ta_act_O_ac%
40ainf%40anif_an%40b n%40rn_25_a&p=3  
 
The Regulations:  
http://www.legislation.govt.nz/regulation/public/1996/0222/late st/DLM217751.html?search=ta_regu
lation_O_rc%40rinf%40rnif_an%40bn%40rn_25_a&p=1  
 
Procedures  
6.I. Information on formalities of filing applications for licences is published on the Environmental 
Protection Agency website.   
 
II. A quota system is to be used for imports for domestic use of bulk, new hydrofluorocarbons 
controlled by the Kilgali Amendment to the Montreal Protocol from 1 January 2020. The 
regulations concerning permitting processes came into effect 18 February 2019 so that 
permits could be issue d before 1 January 2020. The date applications has passed.  
 
 The quota is in two pools and the size of these for each is prescribed in the regulations. The 
total available for allocation enables New Zealand to comply with the phase -down required by 
the Kil gali Amendment. The first pool, grandfathered, is reserved for those holding 
entitlement. Entitlement is based on the proportion of New Zealand imports that the imported 
between January 2015 and December 2017 and the grandfather pool is allocated in the sa me 
proportions. A special pool is also available and allocation is made once a year for the following 
year’s allocation of this pool. Permits for the grandfathered pool are for a calendar year and 
these are issued prior to the beginning of the year; applic ation close on 1  September or the 
following year. Applications for the special pool close 1 July. Permits issued a valid from 1 
January the following year and may be for one to three years.  
 
III. No. 
 
IV. The grandparented pool is open to application any time before 1 September for the following 
year and the special pool is open for applications up to 1 July for the following year. Applications 
for special permits are all processed concurrently after the closing date for applications.  
 
V. The EPA has 40 w orking days in which to request further information is this is needed.  If all 
information is present and correct permits can be issued in a shorter time frame  after the closing 
of applications.  
 
VI. Permits can be used to import on the same day as issue for permits other than permits for new, 
bulk HFCs. These HFC permits are valid from 1 January for each year.  
 
VII. Yes – one single administrative organ, the EPA.  
 
VIII. Not applicable  except for HFCs. The grandfathered pool is allocation in proport ion to an importers 
imports of HFC for the 2015, 2016 and 2017 calendar years. The special pool if allocated s 
allocated according the energy efficiency and environmental advantages of the use and the 
possibility of adverse economic and social impacts if t he application is refused.   
 
IX. Yes, import licenses are required, they are not issued automatically.  
 G/LIC/N/3/NZL/6  
 
- 27 - 
 
  X. Not applicable.  
 
XI. No. 
 
7.(a) No set time limit, depends on timing of commercial arrangements.  No ability to fast track a 
licence but import exemptions for e.g. inadvertency can be applied for up to 10 days after arrival.  
 
(b) No. 
 
(c) No, except for HFC permits. Applications for perm its for the following year close 1 July for the 
special pool and 1 September for the grandparented pool . 
 
(d) Yes - one single administrative organ, the EPA.  
 
8. No additional reasons as to why a request would be refused.  Appeal against an adverse decisio n 
is possible to High Court.  
 
Eligibility of Importers to Apply for Licence  
9.(a) Only those with entitlement can apply for permits for HFCs from the grand -parented pool. All 
persons, firms and institutions are eligible to apply  for HFCs from the special pool.  
 
(b) All persons, firms and institutions are eligible to apply.  
 
Documentatio nal and Other Requirements for Application for Licence  
10. Requirements are set out in the Regulations and published on the website.  Documents the 
importer is required to supply vary with the substance to be imported.  
 
Regulations - 
http://www.legislation.govt.nz/regulation/public/1996/0222/latest/DLM217751.html?search=ta_regu
lation_O_rc%40rinf%40rni f_an%40bn%40rn_25_a&p=1  
 
Website giving requirements and application forms for hydrofluorocarbons (HFCs) : 
https://www.epa.govt.nz/industry -areas/hazardous -substances/hfcs/types -of-permit/   
Website giving requirements and application forms for methyl bromide  and other ozone depleting 
substances (other than HFCs) : 
https://www.epa.govt.nz/industry -areas/hazardous -substances/ozone -depleting -
substances/im porting -or-exporting -ozone -depleting -substances -in-new-zealand/  
 
11. Letter from the Environmental Protection Authority containing a permit number.  
 
12. No. 
 
13. Not applicable.  
 
Conditions of Licensing  
14. The period of validity of a license is either a c alendar year or up to twelve months depending on 
the substance to be imported.  
 
15. Yes, permits can be cancelled for non -use. 
 
16. No.  
 
17. Yes, depending on the substance, determined on a case by case basis.  
 G/LIC/N/3/NZL/6  
 
- 28 - 
 
  Other Procedural Requirements  
18. No. 
 
19. N ot applicable.  
 
14  RADIOACTIVE SUBSTANC ES 
Radiation Safety Act 2016 and Radiation Safety Regulations 2016  
 
Outline of Systems  
1. The Office of Radiation Safety (ORS) administers New Zealand's radiation safety legislation.  The 
Radiation Safety Act 2016 ( the Act) defines radioactive material and sets out the requirement for 
import consents.  The Radiation Safety Regulations 2016 (the Regulations) specify exemptions from 
the requirement to obtain an import consent.  
 
When a consent is issued , ORS also issue s a permit number which the importer then provides to the 
New Zealand  Customs Service  (NZCS)  in order for the material to be imported.  The issue of permit 
numbers on consents is not a legislative requirement, but is an arrangement made between ORS 
and NZCS for transborder monitoring purposes.  NZCS provides a list of permit numbers generated 
by their system to ORS on a quarterly basis.  
 
Purposes and Coverage of Licensing  
2. High-activity sealed radioactive material  (i.e., IAEA category 1 or 2) , low-activity (i.e., IAEA 
category 3 - 5) sealed radioactivity material and low -activity unsealed radioactive material are the 
main product categories of the consent system. For the import of sealed radioactive material, a 
single occasion import consent is issued.  For low -activity unsealed radioactive material (eg, 
radiopharmaceuticals), a consent that authorises more than one importation can be issued. The 
maximum consent term for all types is one year.  
 
3. The system applies to goods originating in and coming from  all countries.  
 
4. The consent system forms part of the national regulatory system designed to ensure as far as 
practicable the safety and security of radioactive sources.   
 
5. Section 13(c) of the Radiation Safety Act 2016 prohibits the importation of radioactive material 
without a consent. Regulations 10 to 12 of the Radiation Safety Regulations 2016 exempt specified 
material from consenting requirements and regulation 14 exempts imports where the material is 
immediately exported.  There  is no administrative discretion to amend these requirements.   The 
executive cannot amend the requirements of the Act without legislative approval.  
 
Procedures  
6. Not applicable.  
 
7.(a) 5-10 working days.  
 
(b) In exceptional circumstances, consent can be granted within a few hours following the receipt 
by ORS of an application  and payment of the corresponding fee can be made after the issue 
of consent . 
 
(c) No. 
 
(d) Importers make a single application to ORS.  In some cases ORS will seek a technical opinio n 
from the Institute for Environmental Science and Research before issuing the consent.  This 
is an internal process and does not require multiple approaches by the importer.  
 
8. Applications may be refused on security or safety grounds. Refusals are rare because most 
applications are for justified reasons.  However in the case of a refusal the reasons are given to the 
applicant. Section 48 of the Radiation Safety Act provides for appeals.  G/LIC/N/3/NZL/6  
 
- 29 - 
 
  Eligibility of Importers to Apply for Licence  
9.(a) Not applicable.  
 
(b) Yes.  
 
Documentational and Other Requirements for Application for Licence  
10. The information required for applications  and application forms  are available from the Office of 
Radiation Safety .  
https://www.health.govt.nz/our -work/ionising -radiation -safety/buy -sell-and-import -export -
radiation -sources/import -or-export -radioactive -material  
 
11. Notification of arrival or departure of material – no prescribed form.  
 
12. For a single consignment consent to import of IAEA category 1 or 2 radioactive material - $300. 
For a single consignment import consent of IAEA category 3, 4 or 5 radioactive material - $80. For 
an ongoing consent to import multiple consignments of unsealed radioactive material over a one -
year period - $400.  
 
13. No. 
 
Conditions of Licensing  
14. 1 year which cannot be extended.  
 
15. No. 
 
16. No.   
 
17.(a) Not applicable.  
 
(b) Yes.  Quantitative restrictions apply to multiple consignment consents. Restrictions are in the 
form of quarterly limits on the total activity of individual radionuclides imported.  
 
Other Procedural Requirements  
18. All persons who manage or control radioactive sources must have a source licence.  The importer 
can only transfer material to a person or organisation who holds such a licence.   
 
19. The payment of all fees is required to be in New Zealand dollars.  
 
15  PSYCHOACTIVE SUBSTAN CES 
Outline of systems  
1. New Zealand regulates trade in psychoactive substances (that are otherwise unregulated) under 
the Psychoactive Substances Act 2013 (the Act).  The purpose of the Act is to regulate the availability 
of psychoactive substances in New Zeala nd to protect the health of, and minimise harm to, 
individuals who use psychoactive substances. For the purposes of the Act, a psychoactive substance 
is something that produces a psychoactive effect in an individual such as a high, euphoria, visions 
or cha nges to a person’s mood, when taken. The definition of a psychoactive substance includes the 
finished product.  The Act does not control precursor substances. The New Zealand legislation to 
regulate rather than prohibit psychoactive substances is a world f irst.  
 
An importer must hold a licence to import psychoactive substances. Licences to import are 
authorised by the Psychoactive Substances Regulatory Authority (the Authority) and issued by the 
Office of the Psychoactive Substances Regulatory Authority (the OPSR), which is part of the Ministry 
of Health. New Zealand does not require individual imports to be licensed, but each import must be 
notified to the Psychoactive Substances Regulatory A uthority before arriving in New  Zealand. The 
OPSR doe s not issue licences to export but psychoactive substances can only be exported by a G/LIC/N/3/NZL/6  
 
- 30 - 
 
  person who holds a licence to import, manufacture, research or sell approved or unapproved 
psychoactive substances. Individual exports must be notified to the OPSR beforeh and. 
 
The Act came into effect on 18 July 2013, however, there is currently a moratorium on processing 
applications until the regulations prescribing the fees or charges for licences come into force. The 
Psychoactive Substances Regulations, Fees and Levies  Regulations and Infringement Fees and Form 
of Notices Regulations have been made and come into force on 3 November 2014. The retail 
regulations are yet to be made. With the commencement of the Act, an interim licensing regime was 
also implemented, under w hich persons who were engaged in importing prior to the Act coming into 
force, could continue to do so, with certain conditions as set out in subsequent paragraphs. Although 
the 2014 amendment to the Act ended the interim period, interim licences to import  remain in effect 
until such time as they are surrendered, cancelled, or the licence holder chooses not to submit an 
application for a full licence to import within 28 days of the fees and levies regulations taking effect.  
 
The interim and full licensing r egimes are, for the most part, the same. Differences are described 
below.  
 
Purposes and Coverage of Licensing  
2. The interim and full licensing regimes apply to the importer of any substance that may be used 
for a psychoactive effect, unless it is already regulated under another enactment.  
 
3. The system applies to goods originating in, and arriving from, all countries.  
 
4. Licensing is intended to ensure that psychoactive substances are only imported by persons with 
lawful reason to do so.   The new system  will reduce risks to the public by removing untested and 
potentially harmful products from being sold and introducing a pre -market approval scheme with 
testing requirements and retail restrictions for low -risk psychoactive substances.  
 
5. Licences are req uired by, and issued under the Act. At present, the licensing provisions are 
temporary measures, set out in a Schedule to the Act. Section 101 (1) (a) of the Act allows for 
detailed regulations to be made setting out procedures. As of 3 November 2014, the licensing 
provisions will be permanent and are set out in Part 2 of the Act.  
 
The Act applies to all substances capable of inducing a psychoactive effect in a person, except 
substances already regulated such as alcohol, medicines, and foods.  
It is not pos sible for the government (or executive branch) to abolish the system without legislative 
approval.  
 
Procedures  
6. Not applicable, there are no quantity restrictions on imports.  
 
7. (a) Licences must be held in advance of importation, and the importation m ust be notified to the 
OPSR before imports arrive in New Zealand.  
 
(b) No. 
 
(c) To obtain an interim import licence, a person must have applied for a licence within 28 days 
of the Act commencing.  To obtain a full import licence, a person must submit an application 
in the prescribed manner after the fees and levies regulations come into force. There are no 
limitations as to the period of the year during which application for importation of a 
consignment may be made.   
 
(d) Licences are issued by the OPSR. The Authority must be notified of individual shipments before 
they arrive in New Zealand. The OPSR notifies the New Zealand Customs Service when 
informed of an  import. The importer only has to approach the Authority.  
 
8. Licences may be refused if the application is incomplete or misleading, or if the applicant is not a 
fit and proper  person to hold a licence. Consideration of whether a person is fit and proper includes 
consideration of previous non -compliance, or likely future non -compliance, and relevant criminal 
history. If the Authority proposes to refuse a licence it must inform t he applicant of the reasons for G/LIC/N/3/NZL/6  
 
- 31 - 
 
  the proposed refusal and provide a reasonable opportunity to respond. The applicant may appeal to 
the Psychoactive Substances Appeals Committee established under section 45 of the Act. Appeals 
are by way of rehearing.  
 
Eligibility of Importers to Apply for a Licence  
9. Under the interim licensing system, any person (including bodies corporate) who had been 
engaged in importing at least 28 days prior to 18 July 2013 could apply for a licence to import. The 
application fee was $NZ500. Under the full licensing system, any person (including bodies corporate) 
can apply for a licence to import. The application fee will be $NZ2500 with an annual licensing levy 
of $NZ7500. Licensed importers are listed on the New Zealand Ministry of H ealth’s website at 
https://www.health.govt.nz/our -work/regulation -health -and-disability -system/psychoactive -
substances -regulation .   
 
Documentational and Other Requirements for Application for Licence  
10. A copy of the interim licence application can be found here: 
https://www.google.co.nz/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwjkjMmrr
KDlAh UMXn0KHSaVCl0QFjAAegQIARAC&url=https%3A%2F%2Fwww.health.govt.nz%2Fsystem%2
Ffiles%2Fdocuments%2Fpages%2Fapplication -form-for-a-licence -
sept2018.docx&usg=AOvVaw18NAzTTvSQ89Q0M_y2mNdV .   
No documents are required to support the application. The full licence a pplication form has not yet 
been developed.  
 
11. Only the standard Customs clearance documentation is required.  
 
12. The charge for an interim licence is $NZ500. The application fee for a full licence to import will 
be $NZ2500 with an annual licensing lev y of $NZ7500. There is no charge for individual import 
clearance.  
 
13. Not applicable.  
 
Conditions of Licensing  
14. Interim licences are valid until 28 days following the passage of regulations unless within those 
28 days, an application for a full licence to import is submitted to the OPSR, in which case the interim 
licence remains in effect until the date on which the full application is determined. Full licences will 
normally be valid for 3 years, but may be renewed.  
 
15. No. 
 
16. No. 
 
17. It is a  condition of an interim licence to import that all imports are notified to the Authority in 
advance of their arrival in New Zealand. It is a further condition of an interim licence to import that 
licence holders may only sell or distribute to persons that  hold an appropriate interim licence under 
the Act. The conditions for full licences to import have not yet been developed.  
 
Other Procedural Requirements  
18. No. 
 
19. Not applicable.  
 
 
__________