G/LIC/N/3/NZL/3  
 
30 September 2013  
(13-5233)  Page: 1/34  
Committee on Import Licensing  Original: English  
 
 
 
  REPLIES TO QUESTIONNAIRE ON  IMPORT LICENSING PROCEDURES1 
NOTIFICATION UNDER ARTICLE 7.3 OF THE 
AGREEMENT ON IMPORT LICENSING PROCEDURES 
NEW ZEALAND  
The following notificati on, dated 27 September 2013, is bein g circulated at the request of 
the delegation of New Zealand. 
 
_______________ 
 
1   ANTI-PERSO NNEL MINES ............................................................................................ 2  
2   CHEMICAL  WEAPONS .................................................................................................. 4  
3   CONTROLLED DRUGS ................................................................................................... 6  
4   CLUSTER MUNITIONS .................................................................................................. 9  
5   ENDANGERED, THRE ATENED SPECIES ....................................................................... 11  
6   FIREARMS AND RE STRICTED WE APONS .................................................................... 12  
7   EXPLOS IVES .............................................................................................................. 1 4 
8   HAZARDOU S WASTES ................................................................................................ 16  
9   GRAPHIC MATERIALS INTENDED FOR USE BY CHILDREN .......................................... 18  
10   OFFENSIVE WEAPONS (KNIVE S AND KNUCKLE DUSTERS) ...................................... 20  
11   IMPORTS TO ANTARCTICA ...................................................................................... 22  
12   MARINE ANIMALS ................................................................................................... 24  
13   OZONE DEPLETIN G SUBSTANC ES ............................................................................ 26  
14   RADIOACTIVE SUBSTANCES .................................................................................... 27  
15   NOVEL PSYCHOACTI VE SUBSTA NCES ...................................................................... 29  
 
 
  
 
 
 
                                               
1 See G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/NZL/3 
 
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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 Convention), 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 acquired, 
possessed, retained, imported or exported for the purposes of developing, or training persons in, techniques of mine detection, mine clearanc e, mine deactivation, or mine destruction. 
 
Purposes and Coverage of Licensing 
2. (a) The Minister of Foreign 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 requir ements of the Convention by the restricting the 
quantity of anti-personnel mines imported to thos e required for the purposes of developing, or 
training persons in, techniques of mine detection, mine clearance, mine deactivation, 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 described 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 clearanc e, mine deactivation, or mine destruction. 
 The licensing is statutorily required, and the legislation does not leave designation of products to 
be subjected to licensing to administrative discretion (see answer to Q2(i) above). 
 Is it not possible for the government (or the ex ecutive branch) to abolish the system without 
legislative approval. 
 Procedures 
6.  Importers must seek the approval of the Minste r of Foreign Affairs, who must then give notice 
in writing as per 2.1 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 de veloping, or training persons in, techniques 
of mine detection, mine clearance, mi ne deactivation, or mine destruction. 
 
II. Volume quotas do not apply.   
III. Not applicable. G/LIC/N/3/NZL/3 
 
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  IV. Not applicable. 
 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, Ne w 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 security 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 the 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 Minister 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 obtaining permission to import 
anti-personnel mines.  
 13.  Not applicable. 
 
Conditions of Licensing 
14.  There is no set period of validity for an appr oval to import. It is possible a period of validity 
could be specified at the time of approval by the Minister of Foreign Affairs.  
 G/LIC/N/3/NZL/3 
 
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  15.  No.  
 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 impl emented in New Zealand 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 agents, including sarin and its near relations.   
 
(b) CWC Schedule 2A toxic chemic als 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 controlled. 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 or Schedule 3 chemical.  
 
All scheduled chemicals are listed on the OPCW website, http://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 count ries/territories which are not party to the CWC. 
A full list of countries/territories party to the CWC are listed on the OPCW website 
http://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 prohib iting the development, production, acquisition, 
stockpiling, retention, transfer, or use of chemical s 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 required, and the legislation does not leave designation of products to 
be subjected to licensing to administrative discretion (see answer to Q2 above). G/LIC/N/3/NZL/3 
 
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It is not possible for the government (or the ex ecutive branch) to abolish the system without 
legislative approval.  
Procedures 
6.  Not applicable. Information concerning scheduled chemicals and how to apply for an import 
licence to enter New Zealand is published on th e Ministry of Foreign Affairs and Trade, New 
Zealand's website: http://mfat.govt.nz/Trade-and-Economic-Relations/3-Export-controls/92-
Chemical-Imports/index.php  together with more detailed information on the application procedure. 
 
7. (a) The Ministry of Foreign Affairs and Tr ade, 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 the 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 licen ce would be declined. If Schedule 2 and 3 
chemicals were imported for retransfer and if it is assessed that there is an unacceptable risk 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 there 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 applicable. 
 (b) Not applicable. 
 
Documentational and Other Requirements for Application for Licence 
10.  Importers are required to ensure full deta ils of chemicals to be imported are provided, 
including the correct name, mixture weight/analysis breakdown and, if possible, 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 http://mfat.govt.nz/Trade-and-Economic-
Relations/3-Export-controls/92-Chemical-Imports/index.php  together with more detailed 
information on the application procedure. Completed documents should 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.  G/LIC/N/3/NZL/3 
 
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  Conditions of 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 
 
15.  No, but the applicant must inform the Minist ry 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 supporting 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 Conven tion 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"). Psychotropic 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 psyc hotropics requires an import or export licence 
to be issued prior to the shipment of drugs en tering or leaving 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 purposes 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.   
Purposes and Coverage of Licensing 
2.  Import and export licensing is required for controlled drugs listed in Schedules 1, 2, 3 
(excluding part 6) and 4 Part 3.1 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 methods are permissible.  G/LIC/N/3/NZL/3 
 
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  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 and expo rt 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. 
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 defines 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: http://www.incb.org/ . The Competent National 
Authorities (the authority responsible for administration of the regulatory regime in that 
country) 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 pr evious, current and projected consumption. 
Supplementary quotas can be applied for from the INCB, if required, during the year. 
Licences are issued per consignment. Importers 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 qu antities imported is updated 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. Unused 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 issued and the competent 
national authority in the country of ex port 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 Control. 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 controlled 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 opiate controlled drugs such as morphine). Following the issuance of 
an import licence, the competent national au thority 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 quot a is requested from the INCB. Generally extra 
quota is allowed as long as it can be justified by a licit purpose. G/LIC/N/3/NZL/3 
 
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  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.  
 
X  The importing country is informed of the effect given by the exporting country by the 
transfer of the appropriate copies of standardis ed 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 
purposes only, however these circumstances are uncommon. 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 refusal 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 issued 
prior to the arrival or exit of goods. Licences to import are only issued retrospectively if there are strong reasons for doing so, for example an impending national shortage of a drug.  
Eligibility of Importers to Apply for Licence  
9. (a) The importation of controlled 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 the border and match up with the import licence copy. Licences to import (and expo rt) 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.  G/LIC/N/3/NZL/3 
 
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  13.   Payment in full is required prior to issuing of a licence. The fee is not refundable if an import 
or export licence expires.  Conditions of Licensing  
14.  An import or export licence is valid for 6 months from the date of issue. No 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 be 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 Prohibition 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 noti ce in writing, authorise 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. 
 (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 excl usively for an air defence role; or 
-  a munition that, in order to avoid indiscriminate 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: G/LIC/N/3/NZL/3 
 
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  -  each explosive submunition is designed to detect and engage a 
single target object: 
-  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 requir ements 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 prohibits 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 trai ning persons in, techniques of cluster munition 
detection, clearance, 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 government (or the ex ecutive 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 Licence 
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 Prohibition 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/3 
 
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  12.  There are no administrative 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 appr oval 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.   
16.  No. 
 17.  No, other than compliance with the Cluster Munitions Prohibition Act 2009. 
 
Other Procedural Requirements 
18.  No. 
 
19.  Not applicable.    5  ENDANGERED, THREATENED 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 Appendix 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 specie s are included. Permits are obtained by 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.   
4.  Licensing is intended to ensure that harvesti ng for trade does not impact the long-term survival 
of endangered species in the wild.   
5. In New 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 are required 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 CITE S Secretariat to ensure a system of checking 
veracity of permits (for example through signatures).   
8.  An application for a permit may be refused 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/3 
 
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  Documentational and other requirements for application for license 
10.  Full information about the importer and the specimen to be traded is required. Application 
form is available here: http://www.doc.govt.nz/about-doc/ role/international/endangered-
species/permits/cites-application-form . 
 
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 webpa ge specified under question 10. If permits are 
required by other countries (for example in a si tuation 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 permits 
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 RESTRICTED WEAPONS 
Arms Act 1983 and Arms Regulations 1992 
 
Outline of Systems 
1.  Applicants for a permit to import firearms and parts thereof may apply to an Arms Office for 
the permit. Permits to import sporting firearms may be issued by the Arms Officer, permits to 
import pistols, restricted weapons and MSSAs ar e subject to a special reason and are issued 
through Police National HQ.  This requirement covers firearms, including pistols, restricted weapons 
and military style semi-automatics (MSSA), and parts thereof. 
 
Purposes and Coverage of Licensing 
2.  The permitting regime applies to firearms, pistols, restricted weapons and MSSAs and parts 
thereof. 
 
3.  The system applies to goods 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. Policy and practice is outlined in the Police Arms Manual 2002 (available on line 
at http://www.police.govt.nz/service/firearms ). 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/3 
 
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Procedures 
6.  The importation of sporting firearms is constr ained 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 and MSSAs are constrained 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 usually applies only to returning residents, immigrants and visitors 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 at the border (on demonstrating that they are fit and proper to possess firearms, and that they have been a bona fide shooter in their country of origin). 
(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 im port 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 fire arms (etc.) are valid for one year from date 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 an MSSA).  
Other Procedural Requirements 
18.  Not applicable. 
 19.  Not applicable.   G/LIC/N/3/NZL/3 
 
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  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.   There are a number of approval 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 group standard approval - for products with similar uses and hazards for 
which a group standard does not yet exist; 
- Emergency approvals - to use a non-approved 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 transhipment; 
- Import certificates for explosives - to a pply for an Explosives Import Certificate; 
- Approvals for fireworks - for test ce rtificates required for fireworks. 
 
The first three of these are generic and apply to the substance 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 decisions on applications is the Environmental Protection Authority.   
Purposes and Coverage of Licensing 
2. All explosives as outlined in the Hazardou s Substances (Fireworks, Safety Ammunition, and 
Other Explosives Transfer) Regulations 2003: 
http://www.epa.govt.nz/Publications/Hazardo us%20Substances%20Fireworks%20Safety%20Amm
unition%20and%20Other%20Explosives%20Transfer%20Regulations%2020031.pdf , except for 
the following: 
 (a)  safety ammunition, including pre-primed  cartridges and primers, of class 1.4S; and 
(b)  airbag initiators and seatbelt pretensioners of classes 1.4G and 1.4S; and 
(c)  cable cutters of class 1.4S (UN 0070); and 
(d)  power device cartridges of class 1.4S (UN 0323); and (e)  signal or shock tubes of class 1.4 (UN 0349); and 
(f)  cassette degradation devices of class 1.4S (UN 0432); and 
(g)  beyond their point of sale to the public; G/LIC/N/3/NZL/3 
 
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  (i)  fireworks in classes 1.3G, 1.4G, and 1.4S that are subject to the Hazardous Substances 
(Fireworks) Regulations 2001; and 
(j)  emergency flares and signalling devices in classes 1.3G, 1.4G, and 1.4S; and (k)  model rocket motors in classes 1.4G and 1.4S; and 
(l)  propellants in classes 1.3C (UN 0161 and UN 0449) and 1.1C (UN 0160), in amounts of less 
than 15 kg; and 
(m)  gunpowder of class 1.1D (UN 0027), in amounts of less than 15 kg; and 
(n)  igniting fuzes of class 1.4G (UN 0317); and 
(o)  igniters of class 1.4S (UN 0454).  
3.  The Import Certificate for Explosives applies to the relevant goods originating from all countries.  4.  The purpose of the HSNO regulation of hazardous 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 Import 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.  Domestically produced explosives are also tracked. The purpose of 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 regulation 4(2) of the Hazardous Substances (Tracking) Regulations 2001 issued under the Hazardous Substances and New Organisms Act. The regulation requires tracking of class 1 substance (explosives) from production/import through to end of their life when they are used. http://www.epa.govt.nz/Public ations/CSL%20Project %20Licencing% 20Requirements%20for%20Cla
ss%201%20Explosives.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 shorter 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.  
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, 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 G/LIC/N/3/NZL/3 
 
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  10.  Links from the webpage go to forms and guides relevant to import certificates for explosives and 
to controlled substances licences: http://www.epa.govt.nz/haza rdous-substances/c ertification s/Pages/default.aspx   
 
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 ar e those required under the United Nations 
Recommendations on the Transport of Dangerous Goods, model regulations 17
th revised edition. 
http://www.unece.org/trans/danger /publi/unrec/rev17 /17files_e.html . 
 
12.  The full list of substance application fees is found on: http://www.epa.govt.nz/about- us/fees/Pages/Haza rdous-Substances-fees-schedule.aspx   
 
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 $115.00 Novelty fireworks $57.50 
 
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. Tracking regulations 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 through meeting the requirements of the Order and where proposed imports are in conformity with New Zealand’s obligations under the Basel Convention, the Waigani Convention and OECD OECD Decision C(2001)107/Final on the Control of Transboundary Movements of Wastes Destined for Recovery Operations.   G/LIC/N/3/NZL/3 
 
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  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 Basel Convention, the Waigani Convention or the OECD Decision.  Imports from non-Parties are 
prohibited. 
 
4.  The purpose is to ensure 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 (Restrictions) 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 Convention 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 Control 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. 
 
Procedures  
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  1 0 .   A  s a m p l e  f o r m  i s  p r o v i d e d  o n  t h e  E P A  w e b s i t e :  http://www.epa.go vt.nz/hazardous-
substances/import-export/import-waste/Pages/default.aspx . 
 
Documents the importer is required to supply with the application include a completed notification form, contract(s), insurance, evidence of environmentally sound management, reason for export.  11.  Letter of consent from the Environmental Protection Authority containing a permit number. G/LIC/N/3/NZL/3 
 
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  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 INTENDED FOR USE BY CHILDREN 
Hazardous Substances and New Organisms (HSNO) Act 1996 
Graphic Materials Group Standard 2007  Outline of Systems  
1.  The Hazardous Substances and New Organisms (HSNO) Act 1996 was enacted to provide a comprehensive health, safety and environmenta l regulatory framework 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 preventing  or managing the adverse effects of hazardous 
substances and new organisms".  The Ministry of Health is responsible for ensuring that the 
provisions of the HSNO Act are complied with where it is necessary to protect public health, such as prevention of injuries from exposures to hazardous substances. 
 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 require 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 poison ing 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, a set of Group 
Standards have been made for Graphic Materials to reduce the risk of poisoning of young children. The Environmental Protection Authority has adopted the limits that were specified in the old Toxic 
Substances Regulations. The Group Standards regu late 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 Standards. 
 G/LIC/N/3/NZL/3 
 
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  Procedures 
 6. Not Applicable.  7.(a) Clearances of imported goods are managed through the Auckland Regional Public Health 
Service Central Clearing House. Any applications for clearances or approvals for importation are sent to the Clearing House on the appropriate form. The written approval of a Medical Officer of Health is required before  goods are imported into New 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 contact 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) Approval can be provided as soon as the medi cal officer of health is provided with evidence 
that imported graphic materials intended for use by children meet the maximum permissible metal limits set in the Group Standards. A licence will generally be issued within 24 hours if all the documentation is in order.   
  Goods that arrive without approval will be held at the border until the approval is obtained.    (c)  There are no limitations 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 effected by a single administrative organ. All permit 
applications are processed by the Auckland Regi onal Public Health Service, which provides 
a national point of contact for information to importers and brokers; assesses all permit applications; reports to importers/brokers whether products will be released or require inspection and/or treatment; and refer consignments which require inspection and/or treatment to the medical officer of health or health protection officer  for action (if outside Auckland, this will be officers at the DHB public health unit where the consignment is located). 
 
8.  In making a decision whether to approve the importation of goods, the Medical Officer of Health at the Auckland Regional Public Health Service will consider such things as whether an importer can produce evidence that imported graphic materials intended for use by children meet the maximum permissible metal limits set in the Group Standards.  Licences will not otherwise be 
refused.  If any application is refused, this will be after consultation (if possible and appropriate) 
and will be provided in writing. It will clearly state the reasons for the decision and include an explanation of appeal rights. 
 
Eligibility of Importers to Apply for Licence  9.  All persons, firms and institutions are eligible to apply under non-restrictive systems.  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 Standards.  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 recognised by IANZ.  11.  Documents are required upon actual importation are the medical officer of health's approval OR the evidence required to obtain the medical officer of health’s approval.  G/LIC/N/3/NZL/3 
 
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  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.  16.  No as the approval is specific for each consignment.  
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 Standards. 
 Other Procedural Requirements  18.  Not applicable.  19.  Not applicable. 
 
10  OFFENSIVE WEAPONS (KNIVES AND KNUCKLE DUSTERS) 
Outline of Systems 
 1.  The Customs Import Prohibition Order 2008 prohibits the importation of the offensive weapons 
listed below, except with the consent of: the Co mmissioner of Police, a Deputy Commissioner of 
Police, the Manager: Licensing and Vetting, New Zealand Police, or the National Operations Manager, New Zealand Police.  
Applicants for a consent to import the above offence weapons may apply to a Police Arms Officer 
or the Manager: Licensing and Vetting, New Zealand Police.  
Purposes and Coverage of Licensing 
 
2.  The permitting regime applies to all of the offensive weapons listed below: 
 
- Knuckle-dusters, knives incorporating knuckle-dusters, swordsticks, and any weapon 
disguised to give the appearance of another article.  
- Any knife having a blade that opens automati cally 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 from 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 (som etimes known as a gravity knife or butterfly 
knife).  
- With the exception of any folding pocket  knife with a blade less than 10 cm in 
length, any knife that:  - Is designed for ease of concealment on the person; or  
- Has a double-edged blade that is designed or suitable for stabbing or 
throwing (as opposed to cutting); or  
- Is a knife of any of the kinds sometimes known as urban skinner, 
terminator, black eagle, black dagger or throwing knife. 
- Bayonets. 
 
3.  The system applies to goods originating in and coming from all countries. 
 4.  The purpose is both the safe use and control of offensive weapons. G/LIC/N/3/NZL/3 
 
- 21 - 
 
  5.  Customs Import Prohibition Order 2008. 
 
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 do so.   
7.(a) A permit to import is required before the offensive weapon is imported into New Zealand. 
Import permits may only be issued on the basis of an application made in writing. 
 (b) No.  (c) No.  (d) Yes, New Zealand Police manages the offensive weapons import permit regime. 
 
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.   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 permit 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.  Permits to import offensive weapons are valid for one year from date of issue.  
15.  No. 
 16.  The permit to import is personal to the person it is issued to. 
 
17.   Conditions may be plac ed on the permit to import. 
 
Other Procedural Requirements 
 
18.  No. 
 19.  No. 
 G/LIC/N/3/NZL/3 
 
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  11  IMPORTS TO ANTARCTICA  
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 citizen 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 Zealand or which proceeds from New 
Zealand as its final point 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. 
 
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 Antarctica – 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 reveals 
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 th e 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 im pact on the Antarctic environment. 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. G/LIC/N/3/NZL/3 
 
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7.(a) Persons proposing to undertake activities 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 expected 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 be fore 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 expert 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 co nveyed to the applicant. The applicants have 
recourse to judicial review of the decision under the Judicature Amendment Act 1972. 
 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 acti vity 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 environmental; 
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 departure 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. 
 G/LIC/N/3/NZL/3 
 
- 24 - 
 
  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 mamma l (or marine mammal product) except in the 
circumstances set out in section 4(5) Marine Mammals Protection Act (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 assessing 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. 
 
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 pr oducts (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 this 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 fisheries 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 Protection 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. 
   G/LIC/N/3/NZL/3 
 
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  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 fo r refusal are given to the applicant.  Applicants 
have no right of appeal (see section 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 applicant is a New Zealand 
citizen, and details of such qualifications an d 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 project or programme 
in which the marine mammal to be taken will be used, a complete list of the sponsors or 
co-operating institutions concerned with the project, and the names and qualifications of 
any scientists involved;  
 
(c) Where the marine mammal is for display 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 sect ion 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 to 
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 Protection Act. 
 G/LIC/N/3/NZL/3 
 
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  Other Procedural Requirements 
 18.  Not applicable.  19.  Not applicable.  
 
13  OZONE DEPLETING SUBSTANCES 
Outline of Systems 
 
1.  Imports of ozone depleting substances controlled under the Ozone Layer Protection Act and 
Regulations 1996 and some goods also so contro lled 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 from 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 Protocol.  
 
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 
depleting substances are listed in the Regulations. It is not possible for the government (or the executive branch) to abolish the sy stem without legislative approval. 
Procedures 
 
6.I. Information on formalities of filing applications for licences is published on the 
Environmental Protection Agency website.  Quota information is available from the Environmental Protection Authority.   
 
II. A quota system is only used for controlled substances (these are HCFCs – 
hydrochlorofluorocarbons).  Overall quota was determined once based on historical use of 
these chemicals by known traders.  Individual quota was allocated once after this.  Annual 
licences for a calendar year are issued based on the historical individual quota reduced 
according to a phase-down schedule which finishes on the 31
st of December 2014. 
 
III. No. 
 
IV. Not applicable. 
 
V. The statutory response timeline is 40 working days.  If all information is present and correct 
permits can be issued in a shorter time frame. 
 
VI. Permits can be used to import on the same day as issue. 
 
VII. Yes – one single administrative organ. 
 
VIII. The historical set quota amount is a right that can be temporarily or permanently 
transferred under commercial conditions to other quota holders or to new entrants in the 
market.  There is provision to issue or reallocate additional quota. 
 
IX. Yes, import licenses are required, they are not issued automatically.  X. Not applicable. G/LIC/N/3/NZL/3 
 
- 27 - 
 
  XI. No. 
 
7.(a) No set time limit, depends on timing of commercial arrangements.  No ability to fast tract a 
licence but import exemptions for e.g. inadvertency can be applied for up to 10 days after arrival. 
 
(b) No.  (c) No.  (d) Yes - one single administrative organ.  
8 .   N o  a d d i t i o n a l  r e a s o n s  a s  t o  w h y  a  r e q u e s t  would be refused.  Appeal against an adverse 
decision is possible to High Court. 
 Eligibility of Importers to Apply for Licence  
9.(a) All persons, firms and institutions are eligible to apply. 
 
(b) All persons, firms and institutions are eligible to apply.  
Documentational and Other Requirements for Application for Licence  
10.  Requirements are set out in the Regulation s and published on the website.  Documents the 
importer is required to supply vary with the substance to be imported.  
 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 calendar year or up to twelve months depending on the substance to be imported.   15.  Yes, permits can be cancelled for non-use. 
 
16.  Yes, permits are transferrable.  There are no limitations or conditions.   
17.  Yes depending on the substance, determined on a case by case basis. 
 
Other Procedural Requirements 
 
18.  No. 
 19.  Not applicable.  
14  RADIOACTIVE SUBSTANCES 
Radiation Protection Act 1965 and Radiation Protection Regulations 1982 Outline of Systems 
 
1.  The Office of Radiation Safety (ORS) administers New Zealand's radiation protection legislation.  The Radiation Protection Act 1965 (the Act) defines radioactive material and sets out the 
requirement for import consents.  The Radiation Pr otection Regulations (the Regulations) specify 
exemptions from the requirement to obtain an import consent.   G/LIC/N/3/NZL/3 
 
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  When a consent is issued ORS also issues a permit number which the importer then provides to the 
New Zealand Customs Service in order for the material to be imported. 
Purposes and Coverage of Licensing 
 2.  Single consignment import consents for any type of radioactive material, and multiple consignment import consents for unsealed radioactive material.  
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 12 of the Radiation Protection Act 1965 prohibits the importation of radioactive material without a consent. Regulations 4(3) and 4(4) of the Radiation Protection Regulations 1982 
specify exemptions.  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. 
 
(c) No. 
 (d) Importers make a single application to ORS.  In some cases ORS will seek a technical 
opinion from the National Radiation Laboratory 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 23(2) of the Radiation Protection Act provides for appeals to be determined by a Board of 
Appeal.  A comprehensive set of procedures is provided in the Radiation Protection (Appeals) Regulations 1974. 
 
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 is published on the Environmental Protection Agency 
website http://www.epa.govt.nz/hazardous-substa nces/ozone/Pages/OLPA-Application-
forms.aspx .  
 
11.  Notification of arrival of material – no prescribed form. 
 12.  For a single consignment consent to import of IAEA category 1 or 2 radioactive material - 
$100. For a single consignment import consent of IAEA category 3, 4 or 5 radioactive material - 
$20. For each consignment under a multiple consignment consent to import  unsealed radioactive material  - $5.  
13.  No. G/LIC/N/3/NZL/3 
 
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Conditions of Licensing 
 14.  Consents to not have a validity period.  
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.  A licensee must be appointed to assume safe care of the radioactive material upon its arrival.  
If no such licensee is available then the goods must  be stored to the satisfaction of ORS.  This 
means that sometimes an applicant will need to obtain a licence to use the radioactive material 
before obtaining the import consent.   
 19.  The payment of all fees is required to be in New Zealand dollars.  
15  NOVEL PSYCHOACTIVE SUBSTANCES 
Outline of systems  
 
1.  New Zealand regulates trade in novel psychoactive substances (that are otherwise 
unregulated) under the Psychoactive Substances Act 2013.  An importer must hold a license to 
import psychoactive substances. New Zealand does not require individual imports to be licensed, 
but each import must be notified to the Psychoactive Substances Regulatory Authority before arriving in New Zealand.  
The Act came into effect on 18 July 2013. Regulations to give full effect to the regulatory regime 
are not yet complete. Until the regulations come in to effect, there is an interim licensing regime, 
under which persons who were engaged in import ing prior to the Act coming into force, may 
continue to do so, with certain conditions as set out in subsequent paragraphs.  
Purposes and Coverage of Licensing 
 
2.  The licensing regime applies to the importer of any substance that may be used for a psychoactive effect, unless it is alre ady 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 an d introducing a pre-market approval scheme with 
testing requirements and retail restrictions for low-risk psychoactive substances. 
 
5.  Licenses are required by, and issued under the Psychoactive Substances Act 2013. 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.  
 
The Psychoactive Substances Act 2013 applies to all substances capable of inducing a psychoactive effect in a person, except substances already re gulated such as alcohol, medicines, and coffee. 
 
It is not possible for the government (or executive branch) to abolish the system without legislative approval.  
 G/LIC/N/3/NZL/3 
 
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  Procedures 
 6.  Not applicable, there are no quantity restrictions on imports.  7.(a)    Licenses must be held in advance of importation, and the importation must be notified to 
the Psychoactive Substances Regulatory Authority before imports arrive in New Zealand.  
 (b) No. 
 
(c) To obtain an interim import licence, a person must apply for a licence within 28 days of the 
Act commencing.  There are no limitations as to the period of the year during which application for importation of a consignment may be made.   
 
(d) Licenses are issued by the Psychoactive Substances Regulatory Authority. The Authority 
must be notified of individual shipments before they arrive in New Zealand. The Authority 
notifies the New Zealand Customs Service when informed of an import. The importer only 
has to approach the Authority. 
  
8.  Licenses may be refused if the application is incomplete or misleading, or if the applicant is not 
a fit and proper person to hold a license. 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 Psychoactive Substances Regulatory Authority proposes to refuse a license 
it must inform the applicant of the reasons fo r 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 license to import. The 
application fee was $NZ500. Licensed importers are listed on the New Zealand Ministry of Health’s 
website at http://www.health.govt.nz/our-work/re gulation-health- and-disability-
system/psychoactive-substances . 
  
10.  A copy of interim license application is attached.  No documents are required to support the 
application.   
Documentational and Other Requirements for Application for Licence 
 11.  Consignments must be accompanied by a certif icate of analysis from an accredited laboratory. 
Accreditation authorities include IANZ, or JAS-ANZ, or another body accredited to test against ISO 
laboratory standards. Otherwise, only the standard Customs clearance documentation is required.  
 12.  The charge for an interim license is $NZ 500. There is no charge for individual import 
clearance.  
 
13.  Not applicable.   
Conditions of Licensing 
 14.  Interim licenses are valid until 28 days following the passage of regulations. Full licenses will normally be valid for 3 years, but may be renewed. 
 
15.  No.  16.  No. 
 
17.  It is a condition of a license to import that all imports are notified to the Psychoactive Substances Regulatory Authority in advance of their arrival in New Zealand.  
 G/LIC/N/3/NZL/3 
 
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  Other Procedural Requirements 
 
18.  No.  19.  Not applicable. G/LIC/N/3/NZL/3 
 
- 32 - 
 
  
 
Application Form for an Interim Licence2  
to Import Psychoactive Substances 
This form is to be used by a New Zealand resident when applying for an interim licence to import a 
psychoactive substance under Schedule 1, clause 7 of the Psychoactive Substances Act 2013 (the 
Act). 
 This application should be made within 28 days of the commencement of the Act.  
If granted, this interim licence will continue in force until 28 days after the date on which relevant 
regulations are made which specify the particulars and requirements of a full licence application 
and the corresponding fees.  After that date the in terim licence will be deemed to be cancelled. 
(See Schedule 1, clause 9) 
The application must be submitted together with th e prescribed fee.  The prescribed fee for this 
application is $500.  The fee should be attached as a cheque made out to Ministry of Health. 
 
Applications and fees should be submitted in hard copy to:  
Psychoactive Substances Regulatory Authority 
PO Box 5013 
 Wellington 6145   
For further information please contact psychoactives@moh.govt.nz  
 
Applicant Details 
 
Company name  
Postal address  
  
Location of premises (if different to above)   
 
 
  
Applicant’s name  
Applicant’s occupation  
Applicant’s email address  
Applicant’s phone number  
                                               
2 In English only. G/LIC/N/3/NZL/3 
 
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  Conditions / requirements of an interim lic ence to import psychoactive substances 
 
  You must advise the Authority, before each importation of a psychoactive substance, of 
the name and quantity of the psychoactive substance to be imported and the intended 
date of the importation (section 17(1)); 
 
  You may only sell or distribute psychoactive substances to persons that hold an 
appropriate interim licence under the Act; 
 
  You must adhere to any other restrictions and requirements in the Act.  
Statutory Declarations 
 
A statutory declaration is a written statement declaring something to be true in the presence of an 
authorised witness.  An authorised witness is a Deputy Registrar/Registrar of the High Court or any 
District Court, Justice of the Peace, or Solicitors or Notary Public or Officer authorised to take and 
receive Statutory Declarations. 
It is an offence to give any altered, false, incomp lete or misleading information or to make a false 
statement or declaration. 
 
I, ___________________________________ of ____________________, 
_____________________ 
 (full name)     (place)    (occupation)  
solemnly and sincerely declare that: 
  I was in the business of importing psychoactive substances during the period of not less 
than 28 days preceding the commencement of the Psychoactive Substances Act 2013 
  I am aware of any conditions or other requirements pertaining to the licence and agree to 
comply with them  
  I give authorisation to access personal information, including but not limited to, Police 
records 
  I am a fit and proper person to hold a licence to import psychoactive substances and have 
not been convicted of a relevant offence.  
 
I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Act 1957. 
 
Signature of declarant  
Declared at ____________________________ ___________________________ 
  (place)     (date: day / month / year) 
Before me ____________________________  
(name) 
    ___________________________ 
  (signature)  
 G/LIC/N/3/NZL/3 
 
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For Psychoactive Substances Regulatory Authority Office Use Only 
Interim licence number  
Total fee received  
Peer reviewed  
Customer number  
Invoice number  
Date licence issued  
 
 
 
__________