Imports and Exports (Restrictions) Amendment Act 2011

1: Title
This Act is the Imports and Exports (Restrictions) Amendment Act 2011.
2: Commencement
1: This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
2: Any provision that has not earlier been brought into force comes into force on 1 December 2012. Section 2(1) this Act brought into force, 1 July 2011 Imports and Exports (Restrictions) Amendment Act 2011 Commencement Order 2011
3: Principal Act amended
This Act amends the Imports and Exports (Restrictions) Act 1988 OIC SR 2011/195 2011-07-01 Imports and Exports (Restrictions) Act 1988 Any provision that has not earlier been brought into force comes into force on 1 December 2012. This Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates. If brought into force by one or more OICs, please change the amends-note date and add the SR number(s) of the reg(s).
4: Interpretation
1: This section amends section 2
2: Subsection (1) is amended by inserting the following definitions in their appropriate alphabetical order: decision-maker
a: the Minister; or
b: the Minister for the Environment; or
c: the Environmental Protection Authority; or
d: a prescribed person Environmental Protection Authority EPA section 7 of the Environmental Protection Authority Act 2011 goods permit register section 3BD .
3: The definition of Ministry
4: The definition of prescribed chief executive of the Ministry decision-maker
5: Subsection (2) is amended by omitting goods
5: Prohibition of imports
Section 3(3)
3: A conditional prohibition allows the importation of goods subject to—
a: the grant of a licence or permit by the decision-maker on terms and conditions specified in the licence or permit; or
b: prescribed conditions.
4: A conditional prohibition may require payment of consideration to the decision-maker in respect of the application for, or the granting of, a licence or permit.
5: A licence or permit authorising the importation of goods may be granted before or after the goods have been imported.
6: Conditional prohibition of exportation
1: Section 3B(1)(a) Minister or a prescribed person the decision-maker
2: Section 3B(3) Crown decision-maker
7: New headings and sections 3BA to 3BF inserted
The following headings and sections are inserted after section 3B Application to Environmental Protection Authority for permits
3BA: General requirements for permits
1: This section and sections 3BB and 3BC
2: Any person may apply to the Environmental Protection Authority for a permit.
3: An application for a permit must be in the prescribed form.
4: The Environmental Protection Authority may revoke a permit if the Authority is satisfied that the holder of the permit has—
a: failed to comply with a condition of the permit; or
b: made a false declaration or statement or provided incorrect information in the holder's application for the permit; or
c: been convicted of an offence against this Act or an offence involving a convention chemical or waste.
5: The Order in Council may specify the process and requirements for applying for a permit.
6: In this section and section 3BC convention chemical or waste
3BB: Conditions on permits
1: The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the importation of goods:
a: the use to which the goods will be put in New Zealand:
b: the provision of information to the Authority concerning the movement and location of the goods:
c: insurance requirements relating to the importation of the goods and their presence in New Zealand:
d: the labelling, packaging, handling, storage, transport, processing, or disposal of the goods:
e: liability for the goods if they cannot be used for the purpose for which they were imported.
2: The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the export of goods:
a: the provision of information to the Authority concerning the movement and location of the goods:
b: insurance requirements relating to the export of the goods:
c: the labelling, packaging, handling, storage, transport, processing, or disposal of the goods:
d: liability for the goods if they cannot be used for the purpose for which they were exported.
3BC: Refusal of permits
The Environmental Protection Authority may refuse to grant a permit if the Authority is satisfied that—
a: the person who applied for the permit has been convicted of an offence against this Act or an offence involving a convention chemical or waste; or
b: the information provided by the person to the Authority is incorrect. Imports and Exports (Restrictions) Register
3BD: Register
1: The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Imports and Exports (Restrictions) Register.
2: The register may be kept in the form of information stored electronically.
3: The Crown owns all information contained in the register.
3BE: Information to be included in register
1: The register must record—
a: the details of a permit granted by the Environmental Protection Authority under an Order in Council made under section 3 or 3A; and
b: any other information required to comply with New Zealand's international obligations that is prescribed by regulations.
2: In relation to a permit, the register must specify—
a: the name and address of the person to whom the permit was granted; and
b: the goods to which the permit relates; and
c: the amount of the goods that the permit allows to be imported or exported; and
d: the terms and conditions on which the permit was granted; and
e: any other information required by regulations.
3: The register may record any other information that the Environmental Protection Authority considers appropriate.
3BF: Environmental Protection Authority to allow New Zealand Customs Service access to register
The Environmental Protection Authority must provide the New Zealand Customs Service with access to the register. Miscellaneous provisions .
8: Forms
1: Section 3C(1) chief executive of the Ministry decision-maker
2: Section 3C(2)(a) the chief executive of the Ministry or on behalf of the decision-maker
3: Section 3C(3)
3: A court must take judicial notice of the signature by or on behalf of the decision-maker of a prescribed form or an extract or copy of a prescribed form.
9: Order in Council not invalid
1: Section 3D(a) Minister or another person decision-maker
2: Section 3D(b)
b: it authorises the decision-maker to issue a licence or permit subject to conditions imposed by the decision-maker.
10: Section 5 repealed
Section 5
11: Transitional provision
Despite this Act and section 54 Imports and Exports (Restrictions) Act 1988 Environmental Protection Authority Act 2011