Hazardous Substances and New Organisms Act 1996

1: Short Title and commencement
1: This Act may be cited as the Hazardous Substances and New Organisms Act 1996.
2: This Act shall come into force on a date to be fixed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made fixing different dates for different provisions and for different purposes.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 1(2) brought into force 8 August 1996 clause 2 Hazardous Substances and New Organisms Act Commencement Order 1996 Section 1(2) brought into force 29 July 1998 clause 2 clause 2 Hazardous Substances and New Organisms Act (New Organisms) Commencement Order 1998 Section 1(2) brought into force 30 December 1999 clause 2 clause 2 Hazardous Substances and New Organisms Act (Commencement of Section 152) Order 1999 Section 1(2) brought into force 2 July 2001 clause 2 clause 2 Hazardous Substances and New Organisms Act Commencement Order (No 2) 2001 Section 1(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary
2: Interpretation
1: In this Act, unless the context otherwise requires,— advertisement to advertise aircraft section 2 amenity values approved form section 11(1)﻿(fa) Authority EPA section 7 bioaccumulation building section 7 by-product carrier classification control code of practice section 78 compound conditional release approval section 38BA 38C conditionally released new organism containment containment facility
a: in relation to new organisms (other than genetically modified organisms), a facility registered as a containment facility under the Biosecurity Act 1993
b: in relation to genetically modified organisms, a facility which complies with the controls imposed by an approval granted under any of sections 42 42A 42B 45 containment structure content control
a: specifies the allowable limits for the content of any—
i: substance contained in any substance or product; or
ii: element or compound that makes up any substance contained in any substance or product; or
b: specifies the allowable limits for the properties of any substance or product; or
c: prohibits the presence of any—
i: substance contained in any substance or product; or
ii: element or compound that makes up any substance contained in any substance or product controller controls regulations, rules, EPA notices, codes, or other instruments or documents craft Crown entity
a: has the same meaning as in section 7(1)
b: includes an organisation named or described in Schedule 4 , or a company named in Schedule 4A Customs officer a Customs officer appointed under the Customs and Excise Act 2018 Customs place section 5(1) department section 5 develop
a: in relation to organisms other than incidentally imported new organisms,—
i: means—
A: genetic modification of an organism:
B: regeneration of a new organism from biological material of the organism that cannot, without human intervention, be used to reproduce the organism:
C: fermentation of a micro-organism that is a new organism; but
ii: does not include field testing; and
b: in relation to incidentally imported new organisms,—
i: means—
A: the activities referred to in paragraph (a)﻿(i); and
B: the deliberate isolation, aggregation, multiplication, or other use of the organism; but
ii: does not include field testing disposal
a: in relation to a hazardous substance,—
i: treating the substance in such a way that it is no longer a hazardous substance; or
ii: discharging the substance into the environment as waste; or
iii: exporting the substance as waste from New Zealand:
b: in relation to a new organism,—
i: rendering the organism biologically inactive in such a manner as to prevent the occurrence of any future biological activity; or
ii: exporting the organism from New Zealand distribution system section 2 document section 4(1) ecotoxic ecotoxic control effect
a: any potential or probable effect; and
b: any positive or adverse effect; and
c: any temporary or permanent effect; and
d: any past, present, or future effects; and
e: any acute or chronic effect; and
f: any cumulative effect which arises over time or in combination with other effects enforcement officer section 98 section 99(3) environment
a: ecosystems and their constituent parts, including people and communities; and
b: all natural and physical resources; and
c: amenity values; and
d: the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters environmental medium
a: in relation to class 6 substances, means—
i: air, water, and soil; or
ii: a surface that a hazardous substance may be deposited onto:
b: in relation to class 9 substances, means water, soil, or sediment where these are in the natural environment, or a surface that a hazardous substance may be deposited onto environmental user charge environmentally sound disposal Gazette EPA control
a: means any control imposed by the Authority under this Act for the purpose of controlling the adverse effects of hazardous substances on people or on the environment; and
b: includes, but is not limited to, classification controls, content controls, disposal controls, and ecotoxic controls EPA notice Gazette Part 6 section 76C section 76E explosive
a: deflagration; or
b: pyrotechnic effects,— and explosion exportation section 5(1) to export exposure limit or a tolerable exposure limit section 77B(6) field test firework gas appliance section 2 gas installation section 2 gases under pressure
a: a compressed gas; or
b: a liquefied gas; or
c: a refrigerated liquefied gas; or
d: a dissolved gas genetic element
a: heritable material; and
b: any genes, nucleic acids, or other molecules from the organism that can, without human intervention, replicate in a biological system and transfer a character or trait to another organism or to subsequent generations of the organism genetically modified organism
a: have been modified by in vitro
b: are inherited or otherwise derived, through any number of replications, from any genes or other genetic material which has been modified by in vitro hazard classification section 74 hazardous substance or an EPA notice
a: with 1 or more of the following intrinsic properties:
i: explosiveness:
ii: flammability:
iii: a capacity to oxidise:
iv: corrosiveness:
v: toxicity (including chronic toxicity):
vi: ecotoxicity, with or without bioaccumulation; or
b: which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any 1 or more of the properties specified in paragraph (a) heritable material host organism human cells
a: means human cells, human cell lines, or human tissues that are being grown or maintained outside the human body; and
b: includes human reproductive cells or human embryonic cells that are being grown or maintained outside the human body identification
a: clearly identifies the chemical or biological nature of the substance or organism:
b: specifies the nature and degree or type of hazard intrinsic to the substance or organism:
c: describes precautions to be taken by persons managing hazardous substances to avoid injury to people or environmental damage:
d: directly or indirectly aids in managing any hazardous effect of a hazardous substance:
e: identifies and specifies the means of contacting any person knowledgeable in the management of the substance import section 2(1) importation section 5(1) to import incidentally imported new organism
a: an essential or constituent part of those goods:
b: imported in or on the goods with the intention of concealing the presence of the new organism:
c: a genetically modified organism innovative medicine application section 23A innovative TNP application
a: has the meaning given to it in section 72(1)
b: includes an innovative agricultural compound application (as defined in section 72 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 inseparable organism international regulator section 76E intrinsic values
a: their biological and genetic diversity; and
b: the essential characteristics that determine an ecosystem's integrity, form, functioning, and resilience laboratory life cycle light rail vehicle section 4(1) local authority manufacture member Minister motor vehicle section 2(1) the Land Transport Act 1998 natural and physical resources section 2(1) new organism section 2A organism
a: does not include a human being:
ab: includes a human cell:
b: includes a micro-organism:
c: includes a genetic structure, other than a human cell
d: includes an entity (other than a human being) declared to be an organism for the purposes of the Biosecurity Act 1993
e: includes a reproductive cell or developmental stage of an organism persistent organic pollutant
a: means a substance listed in Schedule 2A
b: includes a substance containing 1 or more of those substances; and
ba: includes a manufactured article containing 1 or more of those substances; but
c: does not include a substance occurring in quantities as unintentional trace contaminants in products and articles person premises prescribed or an EPA notice issued public health section 4 public notice
a: a notice published on an Internet site maintained by or on behalf of the Authority; or
b: a notice published in 1 or more daily newspapers circulating in the main metropolitan areas, together with any other public notice (if any) that the Authority or Minister (as applicable) thinks fit qualifying medicine section 3
a: is or contains a new organism; and
b: meets the criteria set out in section 38I(3) qualifying organism qualifying veterinary medicine section 2(1)
a: is or contains a new organism; and
b: meets the criteria set out in section 38I(3) rail vehicle section 4(1) railway line section 4(1) regional council Local Government Act 2002 regulations related chemicals or substances release Biosecurity Act 1993 Conservation Act 1987 research and development responsible chief executive Medicines Act 1981 Agricultural Compounds and Veterinary Medicines Act 1997 risk species section 140 road section 2(1) the Land Transport Act 1998 serious environmental damage section 140 ship section 2(1) Stockholm Convention
a: means the Convention on Persistent Organic Pollutants done at Stockholm on 23 May 2001 and the Annexes to the Convention, a copy of the English text of which is set out in Schedule 1AA
b: includes any amendments to, or substitutions of, the Convention or the Annexes that are, or will become, binding on New Zealand substance
a: any element, defined mixture of elements, compounds, or defined mixture of compounds, either naturally occurring or produced synthetically, or any mixtures thereof:
b: any isotope, allotrope, isomer, congener, radical, or ion of an element or compound which has been declared by the Authority, by notice in the Gazette
c: any mixtures or combinations of any of the above:
d: any manufactured article containing, incorporating, or including any hazardous substance with explosive properties taxonomic classification territorial authority Local Government Act 2002 toxic transferable permit transferable permit scheme section 87 transhipment Treaty of Waitangi (Te Tiriti o Waitangi) section 2 weapons system working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing on 20 December in any year and ending with 15 January in the following year workplace section 20 Health and Safety at Work Act 2015 WorkSafe section 5
2: For the purposes of paragraph (a) of the definition of the term substance in section 2(1) Section 2(1) aerodrome repealed 20 April 2010 section 4(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 2(1) approved form inserted 31 December 2000 section 3(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 2(1) approved form amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 2(1) Authority EPA substituted 1 July 2011 section 4 Hazardous Substances and New Organisms Amendment Act 2011 Section 2(1) building amended 31 March 2005 section 415(1) Building Act 2004 Section 2(1) classification control inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) conditional release approval substituted 20 April 2010 section 4(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 2(1) conditionally released new organism inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) container repealed 1 December 2017 section 4(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) containment facility amended 30 October 2003 section 4(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) containment structure inserted 28 May 2002 section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Section 2(1) content control inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) controls amended 1 December 2017 section 4(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) Crown entity inserted 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 2(1) Crown entity amended 18 July 2013 section 57 Public Finance Amendment Act 2013 Section 2(1) Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) Customs officer amended 1 October 1996 section 294(2) Customs and Excise Act 1996 Section 2(1) Customs place inserted 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) department inserted 9 April 2008 section 4(2) Hazardous Substances and New Organisms Amendment Act 2008 Section 2(1) department amended 7 August 2020 section 135 Public Service Act 2020 Section 2(1) develop substituted 9 April 2008 section 4(1) Hazardous Substances and New Organisms Amendment Act 2008 Section 2(1) document inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) ecotoxic control inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) environmental medium inserted 22 December 2005 section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) environmentally sound disposal inserted 23 December 2004 section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 2(1) EPA control inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) EPA notice replaced 1 November 2022 section 12(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 2(1) exportation amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) exposure limit inserted 22 December 2005 section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) exposure limit amended 1 December 2017 section 4(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) field test amended 30 October 2003 section 4(4) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) gases under pressure inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) genetic element inserted 28 May 2002 section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Section 2(1) hazardous substance amended 1 December 2017 section 4(5) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) heritable material inserted 28 May 2002 section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Section 2(1) host organism inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) human cells inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) importation amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 2(1) incidentally imported new organism inserted 9 April 2008 section 4(2) Hazardous Substances and New Organisms Amendment Act 2008 Section 2(1) innovative medicine application inserted 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 2(1) innovative TNP application inserted 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 2(1) international regulator inserted 1 November 2022 section 12(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 2(1) laboratory inserted 31 December 2000 section 3(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 2(1) landfill repealed 1 December 2017 section 4(6) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) light rail vehicle inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) local authority inserted 22 December 2005 section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) motor vehicle amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(1) new organism substituted 7 May 1999 section 2(1) Hazardous Substances and New Organisms Amendment Act 1999 Section 2(1) organism substituted 30 October 2003 section 4(5) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) organism inserted 30 October 2003 section 4(5) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) organism amended 30 October 2003 section 4(6) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) persistent organic pollutant inserted 23 December 2004 section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 2(1) persistent organic pollutant amended 5 September 2015 section 4(7) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) persistent organic pollutant inserted 5 September 2015 section 4(8) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) place of work repealed 1 December 2017 section 4(9) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) port of entry repealed 1 December 2017 section 4(9) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) premises substituted 31 December 2000 section 3(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 2(1) prescribed inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) prescribed amended 5 September 2015 section 4(10) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) public health substituted 1 January 2001 section 111(1) New Zealand Public Health and Disability Act 2000 Section 2(1) public health amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 2(1) public notice replaced 5 September 2015 section 4(11) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) qualifying medicine inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) qualifying organism inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) qualifying veterinary medicine inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) rail service vehicle light rail vehicle repealed 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) rail vehicle inserted 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) railway line amended 20 July 2005 section 103(3) Railways Act 2005 Section 2(1) regional council inserted 22 December 2005 section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) related chemicals or substances inserted 1 November 2022 section 12(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 2(1) research and development substituted 22 December 2005 section 3(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 2(1) responsible chief executive inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) road amended 1 March 1999 section 215(1) Land Transport Act 1998 Section 2(1) serious harm repealed 1 December 2017 section 4(12) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) stationary container repealed 1 December 2017 section 4(13) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) Stockholm Convention inserted 23 December 2004 section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 2(1) taxonomic classification inserted 30 October 2003 section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2(1) territorial authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2(1) test certificate repealed 1 December 2017 section 4(14) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) tracking system repealed 1 December 2017 section 4(15) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) working day replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 2(1) working day inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 2(1) workplace inserted 1 December 2017 section 4(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 2(1) WorkSafe inserted 16 December 2013 section 22 WorkSafe New Zealand Act 2013
2A: Meaning of term new organism
1: A new organism
a: an organism belonging to a species that was not present in New Zealand immediately before 29 July 1998:
b: an organism belonging to a species, subspecies, infrasubspecies, variety, strain, or cultivar prescribed as a risk species, where that organism was not present in New Zealand at the time of promulgation of the relevant regulation:
c: an organism for which a containment approval has been given under this Act:
ca: an organism for which a conditional release approval has been given:
cb: a qualifying organism approved for release with controls:
d: a genetically modified organism:
e: an organism that belongs to a species, subspecies, infrasubspecies, variety, strain, or cultivar that has been eradicated from New Zealand.
2: An organism is not a new organism if—
a: the organism is not a genetically modified organism and—
i: an approval is granted under section 35 38
ii: the organism is a qualifying organism and an approval has been granted under section 38I
iii: an organism of the same taxonomic classification has been prescribed as not a new organism; or
b: the organism is a genetically modified organism and—
i: an approval is granted under section 38
ii: the organism is a qualifying organism and an approval has been granted under section 38I
iii: an organism of the same taxonomic classification with the same genetic modification has been prescribed as not a new organism; or
c: the new organism was deemed to be a new organism under section 255 Zoological Gardens Regulations 1977
2A: A new organism does not cease to be a new organism because—
a: it is subject to a conditional release approval; or
b: it is a qualifying organism approved for release with controls ; or
c: it is an incidentally imported new organism.
3: Despite the provisions of this section, an organism present in New Zealand before 29 July 1998 in contravention of the Animals Act 1967 or the Plants Act 1970
4: Subsection (3) does not apply to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus. Section 2A inserted 7 May 1999 section 3 Hazardous Substances and New Organisms Amendment Act 1999 Section 2A(1)﻿(ca) inserted 30 October 2003 section 5(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2A(1)﻿(cb) inserted 30 October 2003 section 5(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 2A(2) substituted 30 October 2003 section 5(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 2A(2)﻿(a)﻿(i) amended 20 April 2010 section 5 Hazardous Substances and New Organisms Amendment Act 2010 Section 2A(2A) inserted 30 October 2003 section 5(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 2A(2A)﻿(b) amended 9 April 2008 section 5(1) Hazardous Substances and New Organisms Amendment Act 2008 Section 2A(2A)﻿(c) added 9 April 2008 section 5(2) Hazardous Substances and New Organisms Amendment Act 2008
3: Act to bind the Crown
1: Except as provided in subsections (2) to (8), this Act shall bind the Crown.
2: Subject to subsections (3) to (8), this Act shall not apply to any hazardous substance controlled by the Minister of Defence.
3: The Chief of Defence Force shall develop codes of practice for EPA controls for
4: The codes of practice developed under subsection (3)—
a: must—
i: be based on the relevant EPA controls section 96E section 160A
ii: meet the relevant requirements prescribed by EPA notices issued section 75
b: may incorporate or adapt any relevant international code of practice.
5: The Chief of Defence Force—
a: must ensure that methods of controlling all hazardous substances not contained in any weapons system and controlled by the Minister of Defence—
i: are based on the relevant EPA controls section 96E section 160A
ii: meet the relevant requirements prescribed by EPA notices issued section 75
b: may comply with the relevant requirements in paragraph (a) by following the relevant code of practice approved under section 79
6: The Secretary of Defence shall audit the EPA controls section 24(2)﻿(e)
7: Any person may report to the Authority a breach of the requirements required to be met by any regulations or EPA notices
8: Where an incident occurs which involves any breach of an EPA control relating to a Armed Forces Discipline Act 1971 the Minister of the Crown who is responsible for the Ministry of Justice
9: To assist the Judge, the Authority may appoint 2 or more people with skills or knowledge relevant to the subject matter of the inquiry.
10: The Judge may hold the inquiry at any times and places the Judge appoints, and shall report on the cause of the incident to the Authority.
11: The Judge has all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908 Section 3(3) amended 1 December 2017 section 5(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(4) substituted 22 December 2005 section 4 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 3(4)﻿(a)﻿(i) amended 1 December 2017 section 5(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(4)﻿(a)﻿(ii) amended 1 December 2017 section 5(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(5) substituted 22 December 2005 section 4 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 3(5)﻿(a)﻿(i) amended 1 December 2017 section 5(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(5)﻿(a)﻿(ii) amended 1 December 2017 section 5(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(6) amended 1 December 2017 section 5(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(7) amended 1 December 2017 section 5(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(8) amended 1 December 2017 section 5(5) Hazardous Substances and New Organisms Amendment Act 2015 Section 3(8) amended 1 October 2003 section 12(2) State Sector Amendment Act 2003
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 7 Section 3A replaced 1 November 2022 section 13 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
2: Purpose of Act
4: Purpose of Act
The purpose of this Act is to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms.
5: Principles relevant to purpose of Act
All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, recognise and provide for the following principles:
a: the safeguarding of the life-supporting capacity of air, water, soil, and ecosystems:
b: the maintenance and enhancement of the capacity of people and communities to provide for their own economic, social, and cultural well-being and for the reasonably foreseeable needs of future generations.
6: Matters relevant to purpose of Act
All persons exercising functions, powers, and duties under this Act shall, to achieve the purpose of this Act, take into account the following matters:
a: the sustainability of all native and valued introduced flora and fauna:
b: the intrinsic value of ecosystems:
c: public health:
d: the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, valued flora and fauna, and other taonga:
e: the economic and related benefits and costs of using a particular hazardous substance or new organism:
f: New Zealand's international obligations. Section 6(e) substituted 30 October 2003 section 6 Hazardous Substances and New Organisms Amendment Act 2003
7: Precautionary approach
All persons exercising functions, powers, and duties under this Act including, but not limited to, functions, powers, and duties under sections 28A 29 32 38 45 48 Section 7 amended 31 December 2000 section 4 Hazardous Substances and New Organisms Amendment Act 2000
8: Treaty of Waitangi
All persons exercising powers and functions under this Act shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)
9: Methodology to be used
1: The Governor-General may from time to time, by Order in Council, establish a methodology (which includes an assessment of monetary and non-monetary costs and benefits) for making decisions under Part 5
2: Before making any recommendation for the purpose of making any Order in Council under subsection (1), the Minister shall request the Authority to—
a: develop a proposed methodology; and
b: establish a process that the Minister considers gives the public adequate time and opportunity to make submissions on the proposed methodology to the Authority; and
c: advise the Minister of any submissions received, and any comments the Authority wishes to make on the submissions, or the proposed methodology,— and the Minister shall have regard to those submissions and comments.
3: A failure to comply with subsection (2) shall not affect the validity of any Order in Council made under subsection (1).
4: Notwithstanding section 59 Part 5
5: No decision of the Authority under Part 5
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 9(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
3: Powers, functions, and duties
10: Powers, functions, and duties of Minister
1: The Minister may—
a:
b:
c: decide any application made under sections 68 to 73
d: carry out any powers, functions, and duties conferred on the Minister by or under this Act.
2: Subsection (1)﻿(c) and (d) apply despite section 113
3: This section does not limit section 27 Section 10(1)﻿(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(1)﻿(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 10(1)﻿(c) amended 7 May 1999 section 15(a) Hazardous Substances and New Organisms Amendment Act 1999 Section 10(2) added 25 January 2005 section 200 Crown Entities Act 2004 Section 10(3) added 25 January 2005 section 200 Crown Entities Act 2004
11: Powers, functions, and duties of Authority
1: The Authority may—
a: advise the Minister on any matter relating to the purpose of this Act, including, but not limited to,—
i: the extent to which persons are complying with the provisions of this Act:
ii: inconsistencies or conflicts between any controls placed on hazardous substances and new organisms under this Act and any controls placed on any hazardous substance and new organisms under any other Act:
iii: the consideration and investigation of the use of environmental user charges in accordance with section 96
b: monitor and review—
i: the extent to which the Act reduces adverse effects on the environment or people from hazardous substances or new organisms:
ii: the enforcement of this Act including, but not limited to, the exercise of any power under section 103 or 103A
ba: carry out its enforcement functions under this Act:
bb: issue certificates in accordance with section 82 section 82C
c: promote awareness of the adverse effects of hazardous substances and new organisms on people or the environment and awareness of the prevention or safe management of those effects:
d: contribute to and co-operate with international forums and carry out international requirements as directed by the Minister:
e: enquire into any incident or emergency involving a hazardous substance or a new organism:
f: keep such registers relating to hazardous substances and new organisms as may be required by this Act or as may be necessary to administer this Act:
fa: approve forms for applications under Part 5
fb: give directions as to the disposal of persistent organic pollutants:
fc: approve standards for containment facilities:
g: carry out any powers, functions, and duties conferred on it by or under this Act
2: The Authority must, before exercising the function specified in subsection (1)﻿(fc)
2A: In carrying out its powers, functions, and duties conferred on it by or under this Act that relate to hazardous substances, the Authority must foster a co-operative and consultative relationship with WorkSafe.
3: This section does not limit section 17 Section 11(1)﻿(b)﻿(ii) amended 1 November 2022 section 14 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 11(1)﻿(ba) inserted 1 December 2017 section 7(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 11(1)﻿(bb) inserted 1 December 2017 section 7(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 11(1)﻿(fa) inserted 31 December 2000 section 5 Hazardous Substances and New Organisms Amendment Act 2000 Section 11(1)﻿(fb) inserted 23 December 2004 section 5 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 11(1)﻿(fc) inserted, as section 11(1)﻿(fb) 30 October 2003 section 7(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 11(1)﻿(fc) substituted 20 September 2007 section 4(1) Hazardous Substances and New Organisms Amendment Act 2007 Section 11(1)﻿(g) amended 1 July 2011 section 5 Hazardous Substances and New Organisms Amendment Act 2011 Section 11(2) added 30 October 2003 section 7(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 11(2) amended 20 April 2010 section 6 Hazardous Substances and New Organisms Amendment Act 2010 Section 11(2A) inserted 1 December 2017 section 7(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 11(3) added, as section 11(2) 25 January 2005 section 200 Crown Entities Act 2004 Section 11(3) substituted 20 September 2007 section 4(2) Hazardous Substances and New Organisms Amendment Act 2007
12: Powers, functions, and duties of enforcement officers
Any enforcement officer may, in relation to the powers, functions, and duties specified in the enforcement officer's warrant of appointment,—
a: give advice and information on the provisions of this Act:
b: promote and monitor compliance with the provisions of this Act:
c: provide information to the Authority if requested to do so by the Authority:
d: carry out any powers, functions, and duties conferred on enforcement officers by or under this Act.
13: General duty
1: Every person who imports, possesses, or uses a hazardous substance or new organism shall ensure that—
a: any adverse effect caused by an act or omission of that person in relation to that substance or organism on any other person or the environment is avoided, remedied, or mitigated; and
b: no action or omission by that person will contravene any requirement or control on that substance or organism imposed by this Act.
2: The duty imposed in accordance with subsection (1) is not of itself enforceable against any person, and no person is liable to any other person for a breach of that duty.
3: Notwithstanding subsection (2), a compliance order may be served on any person requiring that person to cease or prohibiting that person from commencing anything done or to be done by or on behalf of that person that in the opinion of the enforcement officer relates to any hazardous substance or new organism and is or is likely to be dangerous to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment.
4: Administrative provisions
Part 4 heading substituted 1 July 2011 section 6 Hazardous Substances and New Organisms Amendment Act 2011
14: Establishment of Authority
Section 14 repealed 1 July 2011 section 7 Hazardous Substances and New Organisms Amendment Act 2011
15: Membership of Authority
Section 15 repealed 1 July 2011 section 7 Hazardous Substances and New Organisms Amendment Act 2011
16: Eligibility for appointment as member of Authority
Section 16 repealed 1 July 2011 section 7 Hazardous Substances and New Organisms Amendment Act 2011
17: Restriction on Ministerial direction
The Minister may not give a direction under section 103 Part 5 or Part 6A Section 17 substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 17 amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 17 amended 22 December 2005 section 5 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
18: EPA may appoint committees
1: A committee must include at least 1 member of the EPA.
2: A person must not be appointed as a member of a committee unless the Minister has approved the appointment.
3: Clause 14 Section 18 substituted 1 July 2011 section 8 Hazardous Substances and New Organisms Amendment Act 2011
18A: Committee may appoint and delegate functions to subcommittee
1: A committee appointed by the EPA under clause 14 section 19(2)﻿(b)
2: For the purpose of subsection (1), the committee may delegate a power delegated to the committee under section 19(2)﻿(b)
3: A subcommittee is a committee for the purposes of clause 15 Section 18A inserted 1 July 2011 section 8 Hazardous Substances and New Organisms Amendment Act 2011
18B: Composition of subcommittee
1: The majority of members of a subcommittee appointed under section 18A
2: The subcommittee need not include a member of the EPA. Section 18B inserted 1 July 2011 section 8 Hazardous Substances and New Organisms Amendment Act 2011
18C: Qualification for appointment to committee or subcommittee
A committee or subcommittee appointed for the purpose of section 19(2)﻿(b) Section 18C inserted 1 July 2011 section 8 Hazardous Substances and New Organisms Amendment Act 2011
19: Delegation by Authority
1: The Authority may, in writing, delegate to any person, whether or not that person is a member of the Authority,
a: the fixing of charges under section 21
ab: the issuing of an EPA notice; and
ac: the issuing of a notice under section 76E
b: any power that may be delegated under subsection (2); and
c: this power of delegation.
2: The Authority may delegate in writing
a: the power to conduct a rapid assessment under any of sections 35 38BA 42 42A 42B 42C
b: the power to hear and decide any other application made under Part 5 or Part 6A the Crown Entities Act 2004
ba: the power to assess and approve an application under section 38I(1)
bb: the power to determine whether a medicine or veterinary medicine is a qualifying medicine or qualifying veterinary medicine to the responsible chief executive:
bc: the power to review and amend controls under section 38L
bd: the power to impose controls under section 45(2) section 55
c:
ca: the power to grant an extension of an exemption under section 25C(2)
i: any employee of a person specified in section 97
ii: if there is no employee with relevant experience, any other person with relevant experience, whether or not that person is a member of the Authority:
cb: the power to decide any application under section 28 section 53(2)
cc: the power to decide any application under section 63D section 53(2) section 53AA(4)
d: the power to conduct a rapid assessment under section 28A
e: the power to hear and decide any application made under section 31
f:
g: the power to appoint an enforcement officer under section 99(3)﻿(a)
h: the power to decide any application for any permission Part 6
i: any employee of the department for the time being responsible for the administration of the Biosecurity Act 1993 section 2(1) section 97
ii: if there is no employee or enforcement officer with the relevant experience, any other person with the relevant experience, whether or not that person is a member of the Authority:
ha: the power to revoke a section 82C
i:
3: Every decision made in accordance with a delegation under
4: Every person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
5: A delegation under this section shall be revocable at will, and no such delegation shall prevent the performance or exercise of any function, power, or duty by the Authority.
5A: A delegate to whom any function or power is delegated under this section may delegate the function or power only—
a: with the prior written consent of the Authority; and
b: subject to the same restrictions, and with the same effect, as if the subdelegate were the delegate.
5B: Despite subsection (5A), if any function or power under section 26 51 section 28A 29 32
6: Every delegation under subsection (2) must be available for public inspection at the office of the Authority during ordinary office hours.
7: Sections 73 to 76 Authority's functions, powers, or duties under this Act Section 19(1) amended 20 April 2010 section 7(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(1)﻿(ab) inserted 5 September 2015 section 8(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 19(1)﻿(ac) inserted 1 November 2022 section 15(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 19(1)﻿(b) substituted 20 April 2010 section 7(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2) amended 20 April 2010 section 7(3) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2)﻿(a) amended 20 April 2010 section 7(4) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2)﻿(a) amended 30 October 2003 section 9(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)﻿(b) amended 1 July 2011 section 9(1) Hazardous Substances and New Organisms Amendment Act 2011 Section 19(2)﻿(b) amended 22 December 2005 section 6(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 19(2)﻿(ba) inserted 30 October 2003 section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)﻿(bb) inserted 30 October 2003 section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)﻿(bc) inserted 30 October 2003 section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)﻿(bd) inserted 30 October 2003 section 9(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 19(2)﻿(c) repealed 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 19(2)﻿(ca) inserted 23 December 2004 section 6 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 19(2)﻿(cb) inserted 20 April 2010 section 7(5) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2)﻿(cc) inserted 1 November 2022 section 15(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 19(2)﻿(d) added 31 December 2000 section 6(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 19(2)﻿(e) added 31 December 2000 section 6(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 19(2)﻿(f) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 19(2)﻿(g) added 31 December 2000 section 6(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 19(2)﻿(h) added 24 March 2004 section 4 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 19(2)﻿(h) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 19(2)﻿(h)﻿(i) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 19(2)﻿(ha) inserted 22 December 2005 section 6(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 19(2)﻿(ha) amended 5 September 2015 section 8(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 19(2)﻿(ha) amended 20 April 2010 section 7(6) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(2)﻿(i) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 19(3) amended 20 April 2010 section 7(7) Hazardous Substances and New Organisms Amendment Act 2010 Section 19(5A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 19(5B) inserted 5 September 2015 section 8(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 19(6) added 31 December 2000 section 6(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 19(7) added 25 January 2005 section 200 Crown Entities Act 2004 Section 19(7) amended 1 July 2011 section 9(2) Hazardous Substances and New Organisms Amendment Act 2011
20: Obligation to prepare and maintain register
1: The Authority must keep a register of all applications for approvals for hazardous substances and new organisms made to the Authority, including pending and withdrawn applications.
2: The register shall specify—
a: the name and address of the applicant:
b: a sufficient description of the substance or organism to uniquely identify that substance or organism:
c: the purpose of the application:
ca: if applicable, the project concerned:
d: whether the application was approved or declined:
e: any controls attached to the approval by the Authority , including any associated permissions granted under section 95A
f: all the controls on a hazardous substance imposed under this Act.
3: The register shall also record the details of any list of low-risk organisms issued by the Authority.
3A: The register must also include reference to controls on a hazardous substance imposed under the Health and Safety at Work Act 2015
3B: The register may also include reference to controls on a hazardous substance imposed under any other Act.
4: Any decision by the Authority to approve the importation for release or development of any organism as a low-risk organism (other than an organism which is listed as a low-risk organism), shall also be included in the register.
5: Every person shall have the right to inspect the register during the ordinary office hours of the Authority.
6: The Authority may withhold any information relating to transhipment applications that this section would otherwise require to be on the register if, in its opinion, the information could pose a risk to national safety and security. Section 20(1) replaced 1 December 2017 section 9(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 20(2)﻿(ca) inserted 30 October 2003 section 10 Hazardous Substances and New Organisms Amendment Act 2003 Section 20(2)﻿(e) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 20(2)﻿(e) amended 24 March 2004 section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 20(2)﻿(f) replaced 1 December 2017 section 9(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 20(3A) inserted 1 December 2017 section 9(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 20(3B) inserted 1 December 2017 section 9(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 20(6) inserted 5 September 2015 section 9(4) Hazardous Substances and New Organisms Amendment Act 2015
20A: Register of exposure limits for substances with toxic or ecotoxic properties
1: The Authority must keep and maintain a register of all exposure limits set under this Act for substances with toxic or ecotoxic properties.
2: The register must specify—
a: the type of exposure limit:
b: the value of the exposure limit:
c: the hazardous substance that the exposure limit will apply to:
d: if the exposure limit applies to any element or compound making up the hazardous substance, the element or compound that the exposure limit will apply to.
3: Every person has the right to inspect the register during the ordinary office hours of the Authority. Section 20A inserted 22 December 2005 section 7 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
20B: Publication of decisions
1: If the Authority makes a decision under Part 5 6A section 62
a: give its decision in writing, including reasons for the decision; and
b: give a copy of the decision to the applicant and every person who made a submission; and
c: give public notice of the decision as soon as practicable after the decision is made.
2: The Authority may withhold any information relating to transhipment applications from a public notice under this section if, in its opinion, the information could pose a risk to national safety and security. Section 20B inserted 1 November 2022 section 4 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
20C: Reassessments work plan
1: The Authority must, within 12 months of the commencement of this section, develop a work plan that sets the priorities for reassessments of hazardous substances that are requested by the chief executive of the Authority.
2: When developing or updating a work plan, the Authority must take into account the criteria set out in section 62(2)﻿(a) to (d)
3: The work plan must include—
a: a list of substances or groups of related chemicals or substances to be reassessed; and
b: indicative time frames for the start of work by the Authority to reassess each of the listed substances or groups.
4: The Authority must ensure that the work plan—
a: gives highest priority to the following:
i: hazardous substances that are prohibited from use under section 64
ii: hazardous substances that are subject to restriction under section 64A
b: is made available, free of charge, on an Internet site maintained by or on behalf of the Authority; and
c: is updated no less than once each calendar year. Section 20C inserted 1 November 2022 section 4 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
21: Charges
1: The Authority may from time to time , by notice,
a: fix the charges—
i: on a scale of charges for exercising or performing any function, power, or duty under this Act; or
ii: based on the time involved in exercising or performing any function, power, or duty under this Act— so as to recover the actual and reasonable costs incurred in the exercise of that function, power, or duty; and
b: specify the persons liable to pay the charge.
2: Before any charges are fixed pursuant to subsection (1), the Authority shall—
a: publicly notify the charges it proposes to fix and the persons who are liable to pay the charge; and
b: allow such period of time as the Authority thinks fit for any person who may be liable to pay the proposed charge to comment in writing to the Authority on whether or not the proposed charges are reasonable; and
c: consider any comments received in accordance with paragraph (b).
3:
4: Where the Authority fixes a scale of charges or a charge based on time, the Authority shall provide an estimate of the full charge payable by any person upon request by that person.
5: Any charge payable under this section by any person in respect of the completed exercise or performance of any function, power, or duty by the Authority shall, until paid in full and remitted to the Authority, constitute a debt due to the Authority, and may be recovered in any court of competent jurisdiction.
6: A notice under subsection (1) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publicly notify it (see section 2 public notice LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 21(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 21(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 21(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
22: Payments in advance
1: The Authority may estimate the charge payable in respect of the exercise or performance of any function, power, or duty and require that estimated charge or part of that estimated charge to be paid in full before the Authority exercises or performs the function, power, or duty to which that charge relates.
2: Where the actual and reasonable costs of exercising or performing any function, power, or duty,—
a: exceed the amount paid in advance, the difference between the amount paid and the actual and reasonable costs shall be a debt and the provisions of section 21(5)
b: are less than the amount paid in advance, the Authority shall refund the difference between the amount paid and the actual and reasonable costs.
23: Fees for local authorities
Any local authority may prescribe fees by bylaw or resolution in accordance with section 150 local authority Section 23 amended 22 December 2005 section 8 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 23 amended 1 July 2003 section 262 Local Government Act 2002
24: Power to request information
The Authority may from time to time request any person who in the Authority's opinion is able to give any information relating to any significant incident or emergency or likely significant incident or emergency involving a hazardous substance or new organism which is the subject of an inquiry by the Authority under section 11(1)﻿(e) Section 24 amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015
4A: Nga Kaihautu Tikanga Taiao
Part 4A repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011
24A: Establishment of Nga Kaihautu Tikanga Taiao
Section 24A repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011
24B: Function of Nga Kaihautu Tikanga Taiao
Section 24B repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011
24C: Appointment and remuneration of members and chair
Section 24C repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011
24D: Review of terms of reference
Section 24D repealed 1 July 2011 section 10 Hazardous Substances and New Organisms Amendment Act 2011
5: Assessment of hazardous substances and new organisms
Prohibition of import, etc, and types of approval
25AA: This Part subject to Part 5A
Section 25AA repealed 30 October 2003 section 13(1) Hazardous Substances and New Organisms Amendment Act 2003
25: Restriction
1: No—
a: hazardous substance shall be imported, or manufactured:
b: new organism shall be imported, developed, field tested, or released— otherwise than in accordance with an approval issued under this Act or in accordance with Parts 11 to 16
1A: Subsection (1)﻿(b) does not apply to—
a: the importation of an incidentally imported new organism, if it is imported in or on goods lawfully imported under the Biosecurity Act 1993
b: the movement or use of those goods, together with any new organisms incidentally imported while they remain in or on those goods, after their importation.
1B: The department responsible for administering the Biosecurity Act 1993 section 101(2)
2: No approval shall be issued to import, develop, field test, or release any new organism specified in Schedule 2
3: If an organism has a conditional release approval, no further approvals are required for the conditional release of the organism on the same conditions.
4: If an organism has an approval for importation into containment, no further approvals are required for the importation into containment of the organism.
5: The restriction
6: No person may do any of the things specified in subsection (1)﻿(a) or (b) in relation to any hazardous substance or new organism that is or has been the subject of an innovative TNP application
7: Subsection (6) ceases to apply in respect of a hazardous substance or new organism on the date that section 55(3) or (4)
8: Section 25 heading amended 9 April 2008 section 6(1) Hazardous Substances and New Organisms Amendment Act 2008 Section 25(1A) inserted 9 April 2008 section 6(2) Hazardous Substances and New Organisms Amendment Act 2008 Section 25(1B) inserted 9 April 2008 section 6(2) Hazardous Substances and New Organisms Amendment Act 2008 Section 25(2) amended 30 October 2003 section 12(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(3) substituted 30 October 2003 section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(4) added 30 October 2003 section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(5) added 30 October 2003 section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(5) amended 9 April 2008 section 6(3) Hazardous Substances and New Organisms Amendment Act 2008 Section 25(6) added 30 October 2003 section 12(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 25(6) amended 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 25(7) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 25(8) repealed 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016
25A: Prohibition of import, manufacture, or use of persistent organic pollutants
1: No persistent organic pollutant is to be imported or manufactured, and no approval is to be issued to import or manufacture a persistent organic pollutant, except as provided by—
a: section 29B
b: section 30(a)
c: section 30(ba)
2: A persistent organic pollutant that is manufactured in New Zealand must not be used in New Zealand except for a use specified in Schedule 2A Section 25A inserted 23 December 2004 section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
25B: Prohibition on storage of persistent organic pollutants
1: A persistent organic pollutant must not be stored in New Zealand.
2: However, subsection (1) does not apply to—
a: a persistent organic pollutant
b: a persistent organic pollutant in respect of which storage is specified in Schedule 2A
3: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25B inserted 23 December 2004 section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 25B(2)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25B(2)﻿(a) amended 22 December 2005 section 9 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 25B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25C: Continuation of certain exemptions under Toxic Substances Regulations 1983
1: For the purposes of sections 25A 25B Schedule 2A regulation 49I or regulation 49J of the Toxic Substances Regulations 1983 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
a: on the same terms and conditions as in force at that time; and
b: until the expiry of—
i: the exemption; or
ii: an extension of the exemption (being not later than the close of 2016).
2: The Authority may grant an extension of an exemption for the purposes of subsection (1)﻿(b)﻿(ii).
3: An extension under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication It is not required to be published LA19 s 73(2) Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25C inserted 23 December 2004 section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 25C(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
25D: Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
1: This section applies to persistent organic pollutants imported or manufactured before the commencement of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
2: No person may use a persistent organic pollutant for a use not specified in Schedule 2A
3: This section does not prevent approvals being granted under—
a: section 30(a)
b: section 30(ba)
4: A direction under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 25D inserted 23 December 2004 section 7 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 25D(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 25D(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
26: Determination of new organism or hazardous substance
1: The Authority may, on application by any person, determine whether or not any organism is a new organism.
2: A determination under subsection (1) must be issued by notice in the Gazette
3: The Authority may, on application by any person, determine 1 or more of the following:
a: whether or not any substance is a hazardous substance:
b: a hazardous substance's classification:
c: the approvals that apply or are required to be obtained.
4: A determination under subsection (3) must be publicly notified.
5: Before issuing a determination under this section, the Authority must have regard to—
a: any information held by the Authority; and
b: any information held by any department as defined in section 5
c: any information provided by the applicant.
6: The Authority may revoke or reissue a determination issued by it under this section if it receives further information. Section 26 replaced 1 July 2016 section 10 Hazardous Substances and New Organisms Amendment Act 2015 Section 26(5)﻿(b) amended 7 August 2020 section 135 Public Service Act 2020
27: Types of approval
In this Act, the term approval
a: an approval to import or manufacture a hazardous substance for release:
b: an approval to import for release or release from containment any new organism:
ba: a conditional release approval to import for release or release from containment a new organism:
bb: an approval to import for release or to release from containment a qualifying organism:
c: an approval to import any new organism into containment, field test any new organism in containment, develop any new organism in containment:
d: an approval to import any hazardous substance into containment or manufacture any hazardous substance in containment:
e: an approval to import or manufacture any hazardous substance for release in an emergency, import any new organism for release in an emergency, or release any new organism from containment in an emergency:
f: an approval to import an agricultural compound or medicine for release in a special emergency, release an agricultural compound or medicine from containment in a special emergency, or use an agricultural compound or a medicine in a special emergency. Section 27(ba) inserted 30 October 2003 section 14(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 27(bb) inserted 30 October 2003 section 14(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 27(f) added 30 October 2003 section 14(2) Hazardous Substances and New Organisms Amendment Act 2003
27A: Approvals at any taxonomic classification
1: An approval referred to in section 27(b), (ba), (bb), or (c)
2: An approval that is granted for a new organism (that is not a genetically modified organism) in a taxonomic classification applies to all the organisms in the taxonomic classification.
3: An approval that is granted for a genetically modified organism in a taxonomic classification applies only to organisms in the taxonomic classification with the same genetic modification as specified in the approval.
4: Despite subsections (2) and (3), an approval may exclude any organism or groups of organisms from its scope. Section 27A inserted 30 October 2003 section 15 Hazardous Substances and New Organisms Amendment Act 2003 Approvals for hazardous substances
28: Application for approval to import or manufacture hazardous substances
1: Unless an approval under section 28A section 29
a: import; or
b: manufacture— a hazardous substance otherwise than in containment shall, before importation or manufacture, apply to the Authority for approval to import or manufacture that substance.
2: Every application shall be in an approved form
a: the unequivocal identification of the substance and its properties; and
b: information on all the possible adverse effects of the substance on the environment; and
c: information on the intended uses of the substance throughout the life cycle of the substance; and
d: information on methods for disposal of the substance; and
e: information on all occasions where the substance has been considered by the government of any prescribed State or country or any prescribed organisation and the results of such consideration; and
f: such other information as may be prescribed.
3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration.
4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 28(1) amended 2 July 2001 section 8(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 28(2) amended 2 July 2001 section 8(2) Hazardous Substances and New Organisms Amendment Act 2000
28A: Rapid assessment for importation or manufacture of hazardous substances
1: When the Authority receives an application under section 28
2: The Authority may approve a hazardous substance under this section if the Authority is satisfied that—
a: a substance having a similar composition and similar hazardous properties has been approved; or
ab: the use of the same substance or a substance having a similar composition and similar hazardous properties has been lawfully authorised by an international regulator; or
b: the substance has 1 or more hazardous properties and each hazardous property has the least degree of hazard for that property ; or
c: the substance has been formulated so that 1 or more of its hazardous properties has a lesser degree of hazard than any substance that has been approved under this Act.
3: Sections 77 77A 77B section 29
4: If the Authority does not approve a hazardous substance under this section, the application under section 28 section 29
5: An applicant relying on subsection (2)﻿(ab) must provide the Authority with evidence of their right to use the information relied on in the application.
6: The Authority must not make a rapid assessment under subsection (2)﻿(ab) if the Authority considers the application will have—
a: significant cultural, economic, environmental, ethical, health, or international effects; or
b: significant effects in an area in which the Authority lacks sufficient knowledge or expertise. Section 28A inserted 2 July 2001 section 9 Hazardous Substances and New Organisms Amendment Act 2000 Section 28A(2)﻿(ab) inserted 1 November 2022 section 5(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 28A(2)﻿(b) amended 22 December 2005 section 10(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 28A(2)﻿(c) added 22 December 2005 section 10(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 28A(3) amended 22 December 2005 section 10(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 28A(5) inserted 1 November 2022 section 5(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 28A(6) inserted 1 November 2022 section 5(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
29: Determination of applications
1: After considering any application for approval made under section 28
a: approve the application if, after taking into account—
i: any controls which may be imposed on the substance; and
ii: all effects of the substance during the life cycle of that substance; and
iii: the likely effects of the substance being unavailable,— the positive effects of the substance outweigh the adverse effects; or
b: decline the application if, after taking into account—
i: any controls which may be imposed on the substance; and
ii: all effects of the substance during the life cycle of that substance; and
iii: the likely effects of the substance being unavailable,— the adverse effects of the substance outweigh the positive effects; or
c: decline the application if insufficient information is available to enable the Authority to determine the adverse effects of the substance.
2: The provisions of sections 77 77A 77B
3: Section 29(2) amended 22 December 2005 section 11 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 29(3) repealed 1 November 2022 section 16 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
29A: Approvals for innovative agricultural compounds and medicines
Section 29A repealed 30 October 2003 section 16(1) Hazardous Substances and New Organisms Amendment Act 2003
29B: Applications relating to persistent organic pollutants
1: An application to import a persistent organic pollutant may be granted,—
a: if a use for the persistent organic pollutant is specified in Schedule 2A
b: if no use for the persistent organic pollutant is specified in Schedule 2A
2: An application to manufacture a persistent organic pollutant may be granted if manufacture for the persistent organic pollutant is specified in Schedule 2A Section 29B inserted 23 December 2004 section 8 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Containment approvals for hazardous substances
30: Importing hazardous substances in containment
The Authority may approve the manufacture or importation of any hazardous substance in containment for any of the following purposes:
a: small amounts of any hazardous substance for use as analytical standards where—
i: approval to import or manufacture that substance has been declined; or
ii: the substance is a persistent organic pollutant; or
b: research on any hazardous substance to acquire information for use in assessing that substance in accordance with this Part; or
ba: research and development on any hazardous substance; or
c: use in an emergency under this or any other Act; or
ca: formulating, relabelling, repackaging, or storing any hazardous substance for export to a destination outside New Zealand; or
d: such other purposes as the Authority thinks fit. Section 30(a) substituted 23 December 2004 section 9 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 30(ba) inserted 2 July 2001 section 11 Hazardous Substances and New Organisms Amendment Act 2000 Section 30(ca) inserted 22 December 2005 section 12 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
31: Application for hazardous substance containment approval
1: Every person intending—
a: to import into containment; or
b: manufacture in containment— any hazardous substance shall, before importation or manufacture, apply to the Authority for approval to import or manufacture that substance.
2: Every application shall be in an approved form
a: identification of the substance for which approval is sought:
b: the purpose for which approval is sought:
c: the quantity of the substance proposed to be imported or manufactured:
d: information on all occasions where the substance has been considered by the government of any prescribed State or country or any prescribed organisation and the results of such consideration:
e: such other information as may be prescribed:
f: all information known to the applicant relating to the effects of the substance throughout the life cycle of the substance:
g: information on the proposed containment system.
3: The Authority may, by written notice given to the applicant, require the applicant to verify any application by statutory declaration.
4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 31(2) amended 2 July 2001 section 12 Hazardous Substances and New Organisms Amendment Act 2000
32: Decision on application
1: After considering any application for approval made under section 31 section 30
2: An approval under this section—
a: must include controls that provide for each of the applicable matters specified in Schedule 3
b: may include controls that provide for any other matters in order to give effect to the purpose of this Act.
3: Section 32(2) substituted 2 July 2001 section 13 Hazardous Substances and New Organisms Amendment Act 2000 Section 32(3) repealed 1 November 2022 section 17 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
33: Exemptions from Act for small-scale research on hazardous substances
1: Nothing in this Act applies to any small-scale use of hazardous substances in research and development or teaching if—
a: the use occurs in a laboratory that meets the requirements prescribed under the Health and Safety at Work Act 2015
b: the use does not create or involve a hazardous substance for which any application for approval has been declined under this Act; and
ba: the use does not create or involve a persistent organic pollutant; and
c: the importation, storage, and transportation of the hazardous substances each meets the prescribed requirements; and
d: no such hazardous substance, nor any substance created from that use, is sold as a substance or in a product containing or derived from that substance , except as provided for in subsection (2)
2: A hazardous substance, or any substance created from the use of that hazardous substance, referred to in subsection (1) may be sold as a substance or in a product containing or derived from that substance only if it is sold to—
a: a laboratory in New Zealand that meets the requirements prescribed under the Health and Safety at Work Act 2015
b: a laboratory outside New Zealand, but only if—
i: the hazardous substance or the substance has been sold to the laboratory outside New Zealand by a laboratory in New Zealand that meets the requirements prescribed under the Health and Safety at Work Act 2015
ii: the laboratory in New Zealand holds evidence that the hazardous substance or the substance will be used by the laboratory outside New Zealand in research and development or training, and produces that evidence if requested to do so by the Authority. Section 33 substituted 2 July 2001 section 14 Hazardous Substances and New Organisms Amendment Act 2000 Section 33(1)﻿(a) amended 1 December 2017 section 11 Hazardous Substances and New Organisms Amendment Act 2015 Section 33(1)﻿(ba) inserted 23 December 2004 section 10 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 33(1)﻿(d) amended 22 December 2005 section 13(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 33(2) added 22 December 2005 section 13(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 33(2)﻿(a) amended 1 December 2017 section 11 Hazardous Substances and New Organisms Amendment Act 2015 Section 33(2)﻿(b)﻿(i) amended 1 December 2017 section 11 Hazardous Substances and New Organisms Amendment Act 2015 Assessment of new organisms for importation or release
34: Application for approval to import or release
1: Every person intending—
a: to import for release; or
b: to release from containment— any new organism shall, before importation or release, apply , under this section or under section 38A
2: Every application under this section an approved form
a: any information prescribed; and
b: information on all occasions where the organism has been considered by the government of any prescribed State or country or by any prescribed organisation and the results of such consideration; and
c: the identification of the organism; and
d: any likely inseparable organisms; and
e: all the possible adverse effects of the organism on the environment; and
f: the affinities of the organism with other organisms in New Zealand; and
g: the potential use for the organism.
3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration.
4: Any applicant may, by written notice to the Authority, withdraw the application at any time. Section 34(1) amended 30 October 2003 section 17(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 34(2) amended 30 October 2003 section 17(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 34(2) amended 31 December 2000 section 15 Hazardous Substances and New Organisms Amendment Act 2000
34A: Applications for conditional release and for release in respect of same new organism
1: The user of a conditional release approval may, at or after the time of applying for the approval, apply to the Authority for approval to release the new organism at the expiry of the conditional release approval.
2: The application must be treated as if it were an application under section 34
3: If the application is granted, the approval takes effect immediately after the expiry of the conditional release approval. Section 34A inserted 30 October 2003 section 18 Hazardous Substances and New Organisms Amendment Act 2003
35: Rapid assessment of risk for importation of new organisms
1: Where the Authority receives an application under section 34
2: If the Authority is satisfied that—
a: the organism is not an unwanted organism as defined in the Biosecurity Act 1993
b: it is highly improbable that the organism, after release,—
i: could form self-sustaining populations anywhere in New Zealand, taking into account the ease of eradication; or
ii: could displace or reduce a valued species; or
iii: could cause deterioration of natural habitats; or
iv: will be disease-causing or be a parasite, or be a vector or reservoir for human, plant, or animal disease; or
v: will have any adverse effects on human health and safety or the environment,— the Authority may approve the application without controls.
3: If the Authority is satisfied that—
a: the organism is an unwanted organism as defined in the Biosecurity Act 1993
b: the organism is likely to fail the minimum standards specified in section 36 the Authority may, subject to subsection (5), decline the application.
4: If the Authority considers that the application should not be approved under subsection (2), then the application may be determined under section 38
5: Where any person appointed by the Authority to conduct a rapid assessment of risk declines an application under subsection (3), the applicant may request the Authority to continue the assessment and determine the application in accordance with section 38
36: Minimum standards
The Authority shall decline the application, if the new organism is likely to—
a: cause any significant displacement of any native species within its natural habitat; or
b: cause any significant deterioration of natural habitats; or
c: cause any significant adverse effects on human health and safety; or
d: cause any significant adverse effect to New Zealand's inherent genetic diversity; or
e: cause disease, be parasitic, or become a vector for human, animal, or plant disease, unless the purpose of that importation or release is to import or release an organism to cause disease, be a parasite, or a vector for disease.
37: Additional matters to be considered
The Authority, when making a decision under section 38
a: the ability of the organism to establish an undesirable self-sustaining population; and
b: the ease with which the organism could be eradicated if it established an undesirable self-sustaining population.
38: Determination of applications to import or release
1: If an application made under section 34 section 35 or any other section
a: approve the application if—
i: the organism meets the minimum standards set out in section 36
ii: after taking into account all the effects of the organism, the effects of any inseparable organism and the matters in section 37
b: decline the application if—
i: the organism fails to meet the said minimum standards; or
ii: after taking into account all the effects of the organism, the effects of any inseparable organism, and the matters in section 37
iii: insufficient information is available to enable the Authority to assess the adverse effects of the organism.
2: An approval under subsection (1) must be granted without controls.
3: Any approval to import an organism for release or to release an organism from containment shall lapse 5 years after the date of the approval unless—
a: the organism is sooner released; or
b: the Authority, following an application by any person before the expiry of the time limit, extends the time limit for a further period of up to 5 years.
3A: However, subsection (3) does not apply to an approval under this section that takes effect on the expiry of a conditional release approval.
4: Every person who releases an organism in accordance with an approval given under this section within 5 years after the date of that approval shall, unless the requirement is waived by the Authority, notify the Authority within 1 month after the date of release.
5: Section 38(1) amended 30 October 2003 section 19(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 38(2) substituted 30 October 2003 section 19(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 38(3A) inserted 30 October 2003 section 19(3) Hazardous Substances and New Organisms Amendment Act 2003 Section 38(5) repealed 1 November 2022 section 18 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Conditional release of new organisms Heading inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38A: Application for approval to import or release new organism with controls
1: A person may apply to the Authority for a conditional release approval to import for release or to release from containment a new organism with controls.
2: An application for a conditional release approval must be in the approved form and must include—
a: all prescribed information (if any); and
b: information on all occasions where the organism has been considered by the government of any prescribed State or country or by any prescribed organisation and the results of the consideration; and
c: the identification of the organism; and
d: any likely inseparable organisms; and
e: all the possible adverse effects of the organism on the environment; and
f: the affinities of the organism with other organisms in New Zealand; and
g: the proposed use for the organism; and
h: the controls that the applicant proposes the organism would be subject to on its release.
3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration.
4: Any applicant may, by written notice to the Authority, withdraw the application at any time. Section 38A inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38B: Application under section 34 may be treated as application under section 38A
The Authority may, with the agreement of the applicant, treat an application made under section 34 section 38A , and sections 38A, 38BA 38C 53(1)﻿(ab) Section 38B inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 Section 38B amended 20 April 2010 section 8 Hazardous Substances and New Organisms Amendment Act 2010
38BA: Rapid assessment of risk for importation or release of new organisms with controls
1: If the Authority receives an application under section 38A
2: The Authority may approve the application and grant a conditional release approval with controls if the Authority is satisfied that—
a: the organism is not an unwanted organism as defined in the Biosecurity Act 1993
b: after the controls are imposed, the organism will comply with section 35(2)﻿(b) Section 38BA inserted 20 April 2010 section 9 Hazardous Substances and New Organisms Amendment Act 2010
38C: Determination of applications to import or release new organisms with controls
1: If an application made under section 38A section 38BA
a: after taking into account the matters in subsection (3), the new organism is likely to meet the minimum standards set out in section 36
b: there is sufficient information available to assess the adverse effects of the organism; and
c: after taking into account the matters in subsection (2), the positive effects of the organism outweigh the adverse effects of the organism and any inseparable organism.
2: The matters to be taken into account under subsection (1)﻿(c) are—
a: all the effects of the organism and any inseparable organism; and
b: the ability of the organism to establish a self-sustaining population; and
c: the ease with which the organism could be recovered or eradicated if it established an undesirable self-sustaining population; and
d: all the controls that will be imposed on the organism.
3: The matters to be taken into account in subsection (1)﻿(a) are—
a: the controls that will be imposed on the approval; and
b: whether the controls are likely to be effective in meeting the objective of the controls; and
c: the ease with which the organism could be recovered or eradicated if it formed a self-sustaining population. Section 38C inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 Section 38C(1) amended 20 April 2010 section 10 Hazardous Substances and New Organisms Amendment Act 2010
38D: Controls
1: The controls that the Authority may impose on a conditional release approval include—
a: controlling the extent and purposes for which organisms could be used:
b: requiring any monitoring, auditing, reporting, and record-keeping:
c: imposing any obligation to comply with relevant codes of practice or standards (for example, to meet particular co-existence requirements):
d: requiring contingency plans to be developed to manage potential incidents:
e: limiting the dissemination or persistence of the organism or its genetic material in the environment:
f: requiring the disposal of any organisms or genetic material:
g: limiting the proximity of the organism to other organisms, including those that could be at risk from the conditionally released organism:
h: setting requirements that must be met for any material derived from the organism:
i: imposing obligations on the user of an approval, including levels of training or knowledge, limits on the numbers of users who may hold an approval, and the persons that they could deal with in respect of the organism:
j: specifying the duration of the approval or of a control before requiring review by the Authority, and the nature of that review.
2: Subsection (1) does not limit the type of controls the Authority may impose on a conditional release approval. Section 38D inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38E: Duration of conditional release approval
1: A conditional release approval that expressly states that it does not expire expires on the close of the date on which the last control to which the approval relates expires.
2: In any other case, a conditional release approval expires on the earlier of the following:
a: the date of expiry (if any) specified in the approval; or
b: if no date of expiry is specified, 5 years after the date on which the approval is granted; or
c: the close of the date on which the last control to which the approval relates expires. Section 38E inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38F: Consequences of expiry of conditional release approval
On the expiry of a conditional release approval, the new organism concerned must be disposed of unless, before the expiry of the approval, another approval has been granted under this Act. Section 38F inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38G: Review of controls on conditional release approval
1: The Authority may, on its own initiative or on the application of any user of a conditional release approval or of any person specified in section 97 section 97A
a: the review is to amend a control so that it better meets the objective of the control; or
b: the control included a review requirement specifying—
i: the circumstances in which the control would be reviewed; and
ii: the potential consequences of the review.
2: The Authority—
a: may carry out the review without publicly notifying the review in accordance with section 53
b: if it does so, must—
i: consult, and consider the views of, the Department of Conservation and any other government agency (as defined in section 49A
ii: publicly notify the results of the review.
3: This section does not limit section 67A Section 38G inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38H: Restriction on release of new organism subject to conditional release approval
A person who did not obtain a conditional release approval for a new organism that is subject to a conditional release approval must not release the new organism in accordance with the approval unless, before the release, the person has given notice in writing to the Authority of the proposed release. Section 38H inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 Release of qualifying organisms Heading inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38I: Assessment of applications for release of qualifying organisms
1: If the Authority receives an application under section 34
a: make a rapid assessment of the adverse effects of importing for release or releasing from containment the qualifying organism; and
b: approve the importation for release or the release from containment of the qualifying organism with or without controls.
2: If the Authority does not approve an application under this section, the Authority must assess and determine the application under section 38
3: The Authority or the responsible chief executive, as the case may be, may determine that a qualifying organism is or is contained in a qualifying medicine or a qualifying veterinary medicine only if satisfied that, taking into account all the controls that will be imposed (if any), it is highly improbable that—
a: the dose and routes of administration of the medicine or veterinary medicine would have significant adverse effects on—
i: the health of the public; or
ii: any valued species; and
b: the qualifying organism could form an undesirable self-sustaining population and would have significant adverse effects on—
i: the health and safety of the public; or
ii: any valued species; or
iii: natural habitats; or
iv: the environment.
4: In determining under subsection (3) whether a qualifying organism is or is contained in a qualifying medicine or a qualifying veterinary medicine, the following effects (if any) are not to be taken into account:
a: any effect of the medicine or qualifying organism on the person who is being treated with the medicine:
b: any effect of the veterinary medicine or qualifying organism on the animal that is being treated with the veterinary medicine.
5: An approval granted under this section is not an approval—
a: to use a qualifying medicine until the medicine has been lawfully supplied for use under the Medicines Act 1981
b: to use a qualifying veterinary medicine until the veterinary medicine has been approved for use under the Agricultural Compounds and Veterinary Medicines Act 1997 Section 38I inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38J: Procedure for assessing and approving application by responsible chief executive
If the Authority has delegated to the responsible chief executive its power to assess and approve an application under section 38
a: be paid the fee set by the Authority for the assessment and approval of the application; and
b: determine whether the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, as the case may be; and
c: if the responsible chief executive is satisfied that the medicine is a qualifying medicine or the veterinary medicine is a qualifying veterinary medicine, the responsible chief executive may, with or without controls, approve the release of the qualifying organism. Section 38J inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38K: Controls
1: The type of controls that may be imposed on the importation for release or release from containment of a qualifying organism include—
a: controls for the distribution of the qualifying medicine or qualifying veterinary medicine:
b: controls providing for the methods of administering the qualifying medicine or qualifying veterinary medicine:
c: controls concerning the persons who may administer the qualifying medicine or qualifying veterinary medicine:
d: controls concerning the persons to whom the qualifying medicine may be administered:
e: controls concerning the animals to which the qualifying veterinary medicine may be administered.
2: Subsection (1) does not limit the type of controls that may be imposed on the importation for release or release from containment of a qualifying organism. Section 38K inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003
38L: Review of controls for qualifying organisms
1: The Authority may, on its own initiative or on the application of the holder of an approval under section 38I section 97 section 97A
a: the review is to amend a control so that it better meets the objective of the control; or
b: the control included a review requirement specifying—
i: the circumstances in which the control would be reviewed; and
ii: the potential consequences of the review.
2: The Authority—
a: may carry out the review without publicly notifying the review in accordance with section 53
b: if it does so, must—
i: consult, and consider the views of, any government agency (as defined in section 49A
ii: publicly notify the results of the review.
3: This section does not limit section 67A Section 38L inserted 30 October 2003 section 20 Hazardous Substances and New Organisms Amendment Act 2003 Containment approval for new organisms
39: Importation or development of new organisms in containment
1: The Authority may approve the importation, development, or field testing of any new organism into containment for the following purposes:
a: the development of any new
b: field testing any new organism:
c: maintaining a new organism for use in an emergency (as defined in section 46
d: the conservation of any genetic material:
e: the public display of any organism including, but not limited to, display in a circus or zoological garden:
f: maintaining a new organism in containment to produce antigens, biopesticides, biopharmaceuticals, enzymes, hormones, or vaccines for release:
g: maintaining new organisms in containment for diagnostic purposes:
h: such other purposes as the Authority thinks fit.
2: A decision by the Authority under section 38 section 38C section 38I
3: If an application has been made to the Authority for a conditional release approval, any person may apply to the Authority for approval to put the organism into containment and the application—
a: must be treated in all respects as an application to import a new organism into containment; and
b: may be granted only for 1 or more of the purposes specified in subsection (1).
4: If an application has been made to the Authority for an approval under section 38I
a: must be treated in all respects as an application to import a new organism into containment; and
b: may be granted only for 1 or more of the purposes specified in subsection (1). Section 39(1)﻿(a) amended 30 October 2003 section 21(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 39(2) substituted 30 October 2003 section 21(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 39(3) added 30 October 2003 section 21(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 39(4) added 30 October 2003 section 21(2) Hazardous Substances and New Organisms Amendment Act 2003
40: Application for containment approval for new organisms
1: Every person intending to import any new organism into containment, or develop or field test any new organism in containment, must apply to the Authority for approval to do so before importing, developing, or field testing the organism.
2: Every application shall be in an approved form
a: for the development of a genetically modified organism,—
i: the identification of the organism; and
ii: the description of the project and the experimental procedures to be used; and
iii: the details of the biological material to be used; and
iv: the expression of foreign nucleic acid material
v: all the possible adverse effects of the organism on the environment:
b: for field testing
i: the identification of the organism; and
ii: the purposes of the field testing
iii: the genetic modifications of the organism to be tested; and
iv: the nature and method of field trials and the experimental procedures to be used; and
v: all the possible adverse effects of the organism on the environment.
3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration.
4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 40(1) substituted 20 April 2010 section 11 Hazardous Substances and New Organisms Amendment Act 2010 Section 40(2) amended 31 December 2000 section 16 Hazardous Substances and New Organisms Amendment Act 2000 Section 40(2)﻿(a)﻿(iv) amended 7 May 1999 section 4 Hazardous Substances and New Organisms Amendment Act 1999 Section 40(2)﻿(b) amended 30 October 2003 section 22 Hazardous Substances and New Organisms Amendment Act 2003 Section 40(2)﻿(b)﻿(ii) amended 30 October 2003 section 22 Hazardous Substances and New Organisms Amendment Act 2003
41: Assessment of adverse effects of developing genetically modified organisms
1: The Governor-General may, from time to time, by Order in Council, make regulations—
a: specifying the procedures and methods for assessing the probability that an adverse effect will occur from genetic modification of an organism:
b: specifying the probability that adverse effects will occur from specified development procedures:
c: specifying the circumstances in which genetic modification of an organism is a low risk genetic modification.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Rapid assessment of adverse effects for development of genetically modified organisms
1: Where the Authority receives an application under section 40
2: If the Authority is satisfied that any development meets the criteria for a low-risk genetic modification specified in regulations made under section 41 Schedule 3
42A: Rapid assessment of projects for low-risk genetic modification
1: An application made under section 40
a: a project for the development of genetically modified organisms; and
b: the identity of the host organisms; and
c: the nature and range of the proposed genetic modifications.
2: After the Authority receives an application under section 40
a: any host organism specified for the project meets the criteria for host organisms prescribed in regulations made under section 41
b: any genetic modification specified for the project meets the criteria for genetic modification procedures prescribed in regulations made under section 41
3: If the Authority has completed a rapid assessment under subsection (2), the Authority may—
a: approve the application; and
b: impose controls providing for each of the matters specified in Schedule 3
c: direct the applicant to provide progress reports on the development at the times specified or required by the Authority. Section 42A inserted 30 October 2003 section 23 Hazardous Substances and New Organisms Amendment Act 2003
42B: Rapid assessment of adverse effects for importation of genetically modified organisms into containment
1: After the Authority receives an application under section 40
2: If the Authority is satisfied that the importation meets the criteria for a low-risk genetic modification specified in regulations made under section 41 Schedule 3
3: Section 25(4) section 19(2)﻿(a) Section 42B inserted 30 October 2003 section 23 Hazardous Substances and New Organisms Amendment Act 2003
42C: Rapid assessment of adverse effects for development in containment, etc, of certain new organisms
1: If the Authority receives an application under section 40
2: If the Authority is satisfied that the importation, development, or field testing is low-risk, in accordance with regulations made under subsection (3), the Authority may approve the application and impose controls providing for each of the matters specified in Part 2
3: The Governor-General may, by Order in Council, make regulations specifying the circumstances in which there is a low risk of adverse effects from—
a: importing a new organism (other than a genetically modified organism) into containment; or
b: developing or field testing a new organism (other than a genetically modified organism) in containment.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 42C inserted 20 April 2010 section 12 Hazardous Substances and New Organisms Amendment Act 2010 Section 42C(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
43: Additional matters to be considered when application made for developing new organisms in containment
The Authority, when making a decision under section 45
a: in the case of an application made under section 40 section 41
b: in the case of all applications made under section 40 section 37 Section 43 substituted 30 October 2003 section 24 Hazardous Substances and New Organisms Amendment Act 2003 Section 43(a) amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 43(b) amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011
44: Additional matters to be considered on applications for importing and field testing of organisms
The Authority, when making a decision under section 45 section 40
a: the matters in section 37
b: the ability of the organism to escape from containment. Section 44 amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011
44A: Additional matters to be considered for certain developments and field tests
1: This section applies to an application—
a: to develop a new organism in containment that is a genetically modified organism, to the extent that the development does not take place in a containment structure:
b: to field test a new organism in containment if the new organism is a genetically modified organism.
2: In deciding whether to approve or decline an application, the Authority must take into account—
a: any adverse effects of developing or field testing the organism on—
i: human health and safety; and
ii: the environment, in particular ecosystems and their constituent parts; and
b: any alternative method of achieving the research objective that has fewer adverse effects on the matters referred to in paragraph (a) than the development or field test; and
c: any effects resulting from the transfer of any genetic elements to other organisms in or around the site of the development or field test.
3: The matters referred to in subsection (2) are in addition to the matters referred to in sections 44 45
4: Section 44A inserted 28 May 2002 section 7(1) Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 Section 44A(4) repealed 30 October 2003 section 25 Hazardous Substances and New Organisms Amendment Act 2003
45: Determination of application
1: After considering any application for approval made under section 40 section 42 42A 42B 42C
a: approve the application if—
i: the application is for one of the purposes specified in section 39(1)
ii: after taking into account all the effects of the organism and any inseparable organism, including, but not limited to, the effects on the matters in section 43 section 44
iii: the Authority is satisfied that the organism can be adequately contained; or
b: decline the application in any other case.
2: An approval under this section—
a: must include controls that provide for each of the applicable matters specified in Schedule 3
b: may include controls that provide for any other matters in order to give effect to the purpose of this Act.
3:
4: In taking into account the adverse effects of the organism under subsection (1)﻿(a)﻿(ii), the Authority must take into account—
a: the adverse effects (if any) of having the organism and any inseparable organism in containment; and
b: the probability that the organism may escape after considering all the controls to which the organism would be subject if the application were approved; and
c: the effects of the organism, if the organism were to escape. Section 45(1) amended 20 April 2010 section 13 Hazardous Substances and New Organisms Amendment Act 2010 Section 45(1)﻿(a)﻿(ii) substituted 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 45(2) substituted 31 December 2000 section 17 Hazardous Substances and New Organisms Amendment Act 2000 Section 45(3) repealed 1 November 2022 section 19 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 45(4) added 30 October 2003 section 26(3) Hazardous Substances and New Organisms Amendment Act 2003
45A: Controls required for certain developments and for all field tests
1: This section applies to an approval under section 45
a: to develop a new organism in containment that is a genetically modified organism, to the extent that the development does not take place in a containment structure; or
b: to field test a new organism in containment if the new organism is a genetically modified organism.
2: An approval—
a: must include controls to ensure that, after the end of the development or field test, the organism and any heritable material from the organism is removed or destroyed; and
b: may include controls to ensure that, after the end of the development or field test and after heritable material is removed or destroyed, some or all of the genetic elements remaining from the organism are removed or destroyed.
3: In subsection (2), destroyed Section 45A inserted 28 May 2002 section 8(1) Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002
45B: Animals in circus or zoological garden deemed approved under section 255
The Authority may, for a deemed approval under section 255
a: include controls that provide for each of the applicable matters specified in Schedule 3
b: include controls that provide for any other matters in order to give effect to the purpose of this Act; and
c: remove or vary the conditions imposed under section 255 Section 45B inserted 30 October 2003 section 27 Hazardous Substances and New Organisms Amendment Act 2003 Use of hazardous substances and new organisms in emergencies
46: Meaning of emergency
1: For the purposes of section 30(c) sections 47 to 49 emergency
a: an event involving the release of a new organism for which a national pest management plan has been approved under section 66
b: a state of emergency declared under the Civil Defence Emergency Management Act 2002
c: an emergency as defined in section 6
d: an emergency declared under Part 9
e: a marine oil spill emergency under the Maritime Transport Act 1994
2: Sections 47 48 Section 46(1)﻿(a) amended 18 September 2012 section 93 Biosecurity Law Reform Act 2012 Section 46(1)﻿(b) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 46(1)﻿(c) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
47: Application for approval to use a hazardous substance or new organism in an emergency
1: Every person intending to—
a: import any hazardous substance for release in an emergency; or
b: import any new organism for release in an emergency; or
c: release any new organism from containment in an emergency; or
d: release any hazardous substance from containment in an emergency; or
e: use any hazardous substance in an emergency in a manner which would otherwise contravene the provisions of this Act or any regulations or any EPA notice shall, before importation or release or use, apply to the Authority for approval to import or release or use.
2: Every application shall be in an approved form
a: information to identify the substance or organism; and
b: information showing that the hazardous substance or new organism is necessary to deal with an emergency; and
c: a proposed plan for dealing with the use of the substance or organism in the emergency; and
d: all information relating to the effects of the substance or organism; and
e: such other information as may be prescribed.
3: The Authority may, by written notice given to the applicant, require the applicant to verify an application by statutory declaration.
4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 47(1)﻿(e) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 47(2) amended 31 December 2000 section 18 Hazardous Substances and New Organisms Amendment Act 2000
48: Determination of applications
1: The Authority may approve or decline an application under section 47
a: the organism or substance is not necessary for use in the emergency; or
b: if the application relates to a substance, the proposed plan does not adequately control the adverse effects of the substance; or
c: if the application relates to a new organism, the proposed plan does not adequately control the adverse effects of the organism or any inseparable organism (including, but not limited to, adequate control of the organism if the organism is likely to establish an undesirable self-sustaining population, taking into account the ease of destroying such a population).
2: When approving the substance or organism in accordance with subsection (1), the Authority shall impose the following controls:
a: that the substance or organism only be released when an emergency has been declared under this Act or declared in accordance with the provisions of any other Act:
b: that the organism or substance only be released for a specified type of emergency:
c: that the organism or substance may only be released if the emergency is dealt with in accordance with a specified plan which includes:
i: the measures which must be taken to avoid, remedy, or mitigate any actual or potential adverse effects from the use of that substance or organism:
ii: the requirements for the disposal of the hazardous substance and any waste products:
iii: the requirements for the eradication or control of any new organism.
3: Section 48(3) repealed 1 November 2022 section 20 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
49: Exemptions from provisions of Act in emergencies
Subject to sections 49A to 50
a: the emergency; or
b: the use of the substance or organism in the emergency— was not foreseeable. Section 49 amended 30 October 2003 section 28 Hazardous Substances and New Organisms Amendment Act 2003 Rapid assessment and approval of agricultural compounds and medicines in special emergencies Heading inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003
49A: Interpretation
In sections 49B to 49K adverse event section 46(1) agricultural compound section 2(1) government agency
a: a department as defined in section 5
b: a Crown entity specified in Schedule 4 or 4A interested government agency medicine section 3 responsible Minister
a: this Act; or
b: the Agricultural Compounds and Veterinary Medicines Act 1997
c: the Biosecurity Act 1993
d: the Conservation Act 1987
e: the Fisheries Act 1996
f: the Health Act 1956
g: the Medicines Act 1981 special emergency section 49B Section 49A inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 Section 49A government agency amended 7 August 2020 section 135 Public Service Act 2020 Section 49A government agency amended 18 July 2013 section 57 Public Finance Amendment Act 2013
49B: Declaration of special emergency
1: A responsible Minister may declare an adverse event to be a special emergency if the adverse event is a matter that comes within the Minister's portfolio.
2: A declaration of a special emergency must be notified or published in the Gazette
3: A special emergency expires—
a: on the close of the date (if any) specified in the declaration as the expiry date; or
b: if paragraph (a) does not apply, then on the close of a date specified by notice in the Gazette Section 49B inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 Section 49B(2) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
49C: Application of sections 49D to 49K
Sections 49D to 49K
a: the special emergency is foreseeable; and
b: the importation, release, or use of an agricultural compound or medicine in the special emergency is foreseeable. Section 49C inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003
49D: Application for approval to use agricultural compound or medicine in special emergency
1: A person who does not have approval under this Act to do a thing specified in subsection (2) may apply to the Authority to do the thing in a special emergency.
2: The things are—
a: import any agricultural compound or medicine for release; or
b: manufacture an agricultural compound or medicine that is a hazardous substance otherwise in containment; or
c: release any agricultural compound or medicine from containment; or
d: use any agricultural compound or medicine in a manner that would contravene this Act or any regulations or any EPA notice
3: For the purposes of subsection (1),—
a: it does not matter whether the application is made or approved before or after the special emergency has been declared:
b: the applicant may import, release, or use the agricultural compound or medicine before the declaration of the special emergency has been notified or published in the Gazette Section 49D inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 Section 49D(2)﻿(d) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015
49E: Contents of application
1: An application under section 49D
2: Without limiting subsection (1), the Authority may require the following information:
a: information to identify the agricultural compound or medicine and the hazardous substance or new organism that is or is contained in the agricultural compound or medicine; and
b: information showing that the agricultural compound or medicine is necessary to deal with the special emergency; and
c: a proposed plan for dealing with the use of the agricultural compound or medicine in the special emergency; and
d: any reports by experts available from—
i: the applicant:
ii: any overseas regulatory agencies; and
e: written confirmation by the applicant that the agricultural compound or medicine satisfies all relevant manufacturing practices and standards; and
f: information on whether the agricultural compound or medicine has been approved for use in an overseas country; and
g: information on whether approval for use of the agricultural compound or medicine has been declined in an overseas country; and
h: information on the nature of the special emergency; and
i: information on the nature of the agricultural compound or medicine; and
j: information on the labelling of the agricultural compound or medicine; and
k: all other prescribed information (if any).
3: The Authority may, by written notice given to the applicant, require the applicant to verify the application by statutory declaration.
4: An applicant may, by written notice to the Authority, withdraw the application at any time. Section 49E inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003
49F: Determination of applications
1: As soon as practicable after receiving an application under section 49D
2: In determining whether to approve or decline the application, the Authority must—
a: consult, and have particular regard to the views of, the Department of Conservation; and
b: consult and consider the views of any other interested government agency; and
c: consider all the information on the matters specified in section 49E
3: The Authority may decline the application only if it is satisfied that—
a: the agricultural compound or medicine is not necessary for use in the special emergency; or
b: if the application relates to a hazardous substance, the proposed plan does not adequately control the adverse effects of the hazardous substance; or
c: if the application relates to a new organism, the proposed plan does not adequately control the adverse effects of the new organism or any inseparable organism (including, but not limited to, adequate control of the organism if the organism is likely to establish an undesirable self-sustaining population, taking into account the ease of destroying such a population). Section 49F inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003
49G: Controls attaching to approval of application
If the Authority approves an application under section 49F
a: the measures that must be taken to avoid, remedy, or mitigate any actual or potential adverse effects from the use of the agricultural compound or medicine:
b: the requirements for the disposal of the agricultural compound or medicine and any waste products:
c: the requirements for the eradication or control of any new organism. Section 49G inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003
49H: Notification or publication of approval of application
1: An approval under section 49F Gazette
2: The notified or published approval—
a: must describe the special emergency to which it relates; and
b: must specify where a copy of the plan for dealing with the use of the agricultural compound or medicine in the special emergency may be inspected or obtained; but
c: need not specify what the approval has been granted for.
3: If the approval is only notified in the Gazette
a: the notice must specify where a copy of the approval may be inspected or obtained; and
b: the Authority must make copies of the approval available for inspection free of charge, and for purchase at a reasonable cost, at the head office of the Authority and at any other places that the Authority determines as necessary or appropriate. Section 49H inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003
49I: Effect of approval of release
1: An approval for the importation, release, or use of an agricultural compound or medicine in a special emergency is limited to the importation, release, or use of the agricultural compound or medicine in the special emergency.
2: If an approval relates to a new organism, the organism does not cease to be a new organism because it is released in accordance with the approval. Section 49I inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003
49J: Duration of approval
An approval under section 49F
a: the date of expiry (if any) of the special emergency specified by a responsible Minister in—
i: the declaration declaring the special emergency; or
ii: a later declaration declaring that the special emergency has ceased; or
b: the date of expiry (if any) specified by the Authority in the approval, which must not be later than the date of expiry of the special emergency; or
c: if paragraph (a) or paragraph (b) does not apply, 2 years after the date on which the approval is granted. Section 49J inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003
49K: Consequences of expiry of approval
On the expiry of an approval under section 49F Section 49K inserted 30 October 2003 section 29 Hazardous Substances and New Organisms Amendment Act 2003 Rapid assessment and approval of other hazardous substances in special emergencies Heading inserted 22 December 2005 section 14 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
49L: Rapid assessment and approval of other hazardous substances in special emergencies
1: Sections 49A to 49K
2: In this section, other hazardous substances sections 49A to 49K Section 49L inserted 22 December 2005 section 14 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Prohibited list organisms
50: Prohibited organisms
1: The importation or release or development of any organism specified in Schedule 2
2: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 2
a: add a new organism that the Authority has, under subsection (3), recommended to the Minister be included in the schedule:
b: add a new organism, or group or groups of new organisms, that have adverse effects on the health and safety of people or the environment:
c: remove an organism or group of organisms, but only if the organism was inserted by Order in Council.
2A: Subsection (2) applies subject to section 141
2B: An organism in Schedule 2 section 140(1)﻿(ba)
3: The Authority may, after declining any application made under this Act in relation to an organism, recommend to the Minister that an Order in Council be made to include the organism in Schedule 2
a: the organism is likely to have any of the effects described in section 36
b: any likely adverse effects which may occur should the organism escape from containment would outweigh any likely beneficial effects of allowing the organism to be imported into containment.
4: The Authority, when making a recommendation under subsection (3), may advise the Minister that a group of organisms should be included in Schedule 2
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 50(1) amended 30 October 2003 section 30(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(2) substituted 30 October 2003 section 30(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(2A) inserted 30 October 2003 section 30(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(2B) inserted 30 October 2003 section 30(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(3) amended 30 October 2003 section 30(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(4) amended 30 October 2003 section 30(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 50(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Transhipment
51: Transhipment of substances and organisms
1: Nothing in this Act shall apply to any hazardous substance or new organism transhipped through New Zealand where any person has—
a: received approval from the Authority to tranship the hazardous substances or new organism; and
b: complied with any controls that the Authority has imposed on the transhipment.
2: The Authority—
a: shall decline approval to tranship any organism specified in Schedule 2
b: may, within 10 working days after receipt of the application,—
i: decline approval to tranship any hazardous substance or new organism if the Authority considers that the substance or organism cannot be adequately contained so as to prevent the environment from being exposed to the substance or organism or any adverse effects of the substance or organism; or
ii: approve the transhipment of any hazardous substance or new organism with such controls as the Authority thinks fit. Section 51(2)﻿(a) amended 30 October 2003 section 31 Hazardous Substances and New Organisms Amendment Act 2003 Procedure for assessment
52: Applicant may be required to provide further information
1: Where the Authority considers that an applicant is able to provide further relevant information, the Authority may, by written notice given to the applicant not later than 10 working days after the receipt of the application, require the applicant to supply such further information relating to the application as is specified in the notice.
2: Where the applicant fails to comply with any request made in accordance with subsection (1) within 1 year after the date of the request, the application shall lapse.
53: Applications required to be publicly notified
1: The following applications shall be publicly notified by the Authority:
a:
ab: an application under section 38A , if the application has not been approved under section 38BA
b: an application, under section 34 section 35 or section 38I
c: an application, under section 34 , if the application has not been approved under section 38I
d: an application, under section 40
e: an application under section 47
f:
1A: The Authority must publicly notify, in 1 or more public notices,—
a: an application under section 96B
b: the proposal to issue or amend (as the case may be) a group standard; and
c: the Authority's assessment of the matters required under section 96C(1)﻿(a), (b), (c), (d), and (e)
2: The Authority may, if it considers that there is likely to be significant public interest, publicly notify—
a: an application under section 40 section 42C
b: an application under section 40 section 42 42A 42B
c: an application under section 28 section 28A
3: The public notice shall state—
a: that any person may make a written submission on the application; and
b: a closing date for receipt of submissions by the Authority
c: the place where the application and accompanying information may be viewed, and the address for service of the Authority and the applicant unless that information has been withheld—
i: in accordance with the Official Information Act 1982
ii: in accordance with
4: The Authority must notify the Minister when it receives an application that—
a: is required to be publicly notified; or
b: the Authority decides to publicly notify. Section 53(1)﻿(a) repealed 20 April 2010 section 14(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 53(1)﻿(ab) inserted 30 October 2003 section 32(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 53(1)﻿(ab) amended 20 April 2010 section 14(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 53(1)﻿(b) amended 30 October 2003 section 32(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 53(1)﻿(c) amended 30 October 2003 section 32(3) Hazardous Substances and New Organisms Amendment Act 2003 Section 53(1)﻿(f) repealed 5 September 2015 section 12(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 53(1A) inserted 5 September 2015 section 12(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 53(2) substituted 20 April 2010 section 14(3) Hazardous Substances and New Organisms Amendment Act 2010 Section 53(3)﻿(b) amended 7 May 1999 section 5 Hazardous Substances and New Organisms Amendment Act 1999 Section 53(3)﻿(c)﻿(ii) amended 7 May 1999 section 15(b) Hazardous Substances and New Organisms Amendment Act 1999 Section 53(4) replaced 1 November 2022 section 6 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
53AA: Notification and consultation for applications under Part 5
1: The Authority must, when it receives an application made under a provision in Part 5
a: any department or Crown entity that, in the opinion of the Authority, is likely to have an interest in the application; and
b: if the application is an application for approval of a new organism,—
i: the Department of Conservation; and
ii: any local authority if, in the opinion of the Authority, the local authority is likely to have an interest in the application; and
c: if the application is an application for approval of a hazardous substance, WorkSafe.
2: Subsections (3) to (6) apply to all applications under sections 63A 63C 63D
3: The Authority may reassess an application under section 63A 63C 63D section 53
4: The Authority must consult in accordance with subsection (5) if the Authority—
a: does not publicly notify an application in accordance with section 53
b: considers that the application will have—
i: significant cultural, economic, environmental, ethical, health, or international effects; or
ii: significant effects in an area in which the Authority lacks sufficient knowledge or expertise.
5: The Authority must—
a: do everything reasonably practicable on its part to consult all persons who, in its opinion, are likely to be directly affected by the reassessment; and
b: give those persons a reasonable opportunity to make submissions and comments to the Authority on the reassessment; and
c: consider all submissions and comments received before approving or declining the application.
6: If the Authority is not required to consult by subsection (4), the Authority may consult any person before approving or declining the application. Section 53AA inserted 1 November 2022 section 7 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
53A: Method of public notification
Section 53A repealed 5 September 2015 section 13 Hazardous Substances and New Organisms Amendment Act 2015
54: Submission on application
1: Any person may make a written submission on any publicly notified application to the Authority.
2: The submission—
a: shall state the reasons for making the submission; and
b: may state any decision sought; and
c: shall state whether the person making the submission wishes to be heard.
3: The Authority shall forward a copy of every submission to the applicant as soon as reasonably practicable after receipt of it by the Authority.
55: Information held on behalf of applicant
1: Where any person—
a: supplies any information to the Authority; and
b: the information is likely to relate to an application for approval; and
c: the relevant application has not yet been lodged with the Authority,— the information shall be held by the Authority on behalf of that person; and the provisions of the Official Information Act 1982
2: Where any information supplied under subsection (1) is held by the Authority on behalf of any person, that information shall be returned upon request.
3: Sections 23A to 23C
a: the hazardous substance or new organism to which the application relates is or has been the subject of an innovative medicine application; and
b: the confidential information is about that substance or organism; and
c: the Minister of Health is, at the time the Authority wants to disclose or use the information, required under section 23B
4: Part 6
a: the hazardous substance or new organism to which the application relates is or has been the subject of an innovative TNP application; and
b: the confidential information is about that substance or organism; and
c: the Director-General is, at the time the Authority wants to disclose or use the information, required under Part 6
4A:
4B:
5: Despite subsections (3) and (4),—
a: the Authority must make available a summary of the effects of a hazardous substance or new organism for the purposes of section 53(3)﻿(c)
b: the Authority may disclose confidential information to prescribed persons or organisations or persons or organisations within prescribed classes of persons or organisations.
6: For the purposes of subsection (5)﻿(b), the Governor-General may, by Order in Council, make regulations prescribing persons, organisations, or classes of persons or organisations.
7: In this section, confidential information
a: trade secrets:
b: information with a commercial value that would, or would be likely to, be diminished by disclosure of the information.
8: Regulations under subsection (6) are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 55(3) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(4) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(4A) repealed 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(4B) repealed 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(5) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(6) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(7) replaced 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 55(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
56: Consideration of information withheld under Official Information Act 1982
Any information withheld from any person in accordance with section 9(2)﻿(b)
57: Authority to withhold information
1: Where, in the Authority's opinion, any information which has been supplied to the Authority in respect of any application may be able to be withheld under section 9(2)﻿(b)
2: Where—
a: the Authority receives a request to release any information held by the Authority under the Official Information Act 1982
b: the information to which the request relates,—
i: in the Authority's opinion, may be able to be withheld under section 9(2)﻿(b)
ii: has been classified as commercially sensitive by the person who gave the information to the Authority,— the Authority shall make all reasonable efforts to contact and notify immediately
3: Where a person receives notice from the Authority under subsection (2), that person shall, within 10 working days of receipt of the notice, respond to the Authority stating whether that person believes that the information should be withheld under section 9(2)﻿(b)
4: The Authority may release the information or withhold the information in accordance with the Official Information Act 1982
a: the Authority has complied with subsection (2); and
b: the time limit specified in subsection (3) has expired. Section 57(2) amended 30 October 2003 section 34(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 57(4) substituted 30 October 2003 section 34(2) Hazardous Substances and New Organisms Amendment Act 2003
58: Further information
1: The Authority—
a: may commission a report or seek advice from any person on any matters raised in relation to the application, including a review of any information provided by the applicant:
b: may obtain any existing relevant information on the substance or organism which is the subject of the application from any source:
c: must consult with all departments or Crown entities notified of the application in accordance with section 53(4)
i: if any application is for approval to import, develop, field test, conditionally release, or release a new organism, have particular regard to any submissions made by the Department of Conservation; and
ii: if any application is for approval to import or manufacture a hazardous substance, have particular regard to any submissions made by WorkSafe.
1A: Any report, advice, or other information obtained under subsection (1) may be considered at any hearing conducted by the Authority.
2: Where the Authority obtains further information under subsection (1), the Authority, at least 10 section 9(2)﻿(b)
3: Where information is requested in accordance with subsection (1), the Authority may postpone the hearing or consideration of the application until the information has been received. Section 58(1)﻿(c) replaced 1 December 2017 section 14 Hazardous Substances and New Organisms Amendment Act 2015 Section 58(1A) inserted 31 December 2000 section 21(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 58(2) amended 31 December 2000 section 21(2) Hazardous Substances and New Organisms Amendment Act 2000
59: Time limits and waivers
1: The Authority shall,—
a: where public notification of an application is required by section 53(1), (1A)﻿(a), and (2) paragraph (b)
b: if any of sections 28A 35 38BA 38I 42 42A 42B 42C
i: make a rapid assessment of the application within 10 working days after receipt of the application; and
ii: if the application is not approved under one of those sections, publicly notify the application, if required under this Act, within 10 working days of the Authority's decision:
c: allow 30 working days from the date of public notification for the receipt of submissions:
d: fix a date for commencement of the hearing or (where there is no hearing) for consideration of the application, being not more than 30
e: give the applicant at least 10 working days' notice of the commencement date and the time and place of the hearing or consideration of the application:
f: give every person who has made a submission on the application and who has stated his or her wish to be heard, at least 10 working days' notice of the commencement date and the time and place of the hearing.
2: The Authority shall publicly notify its decision as soon as reasonably practicable but not later than 30 working days
3: A person may apply to the Authority to—
a: waive a requirement of this Act or a regulation or an EPA notice
i: the time within which any action shall be carried out; or
ii: the information that shall be supplied; or
b: give a direction concerning—
i: the time within which any action shall be carried out; or
ii: the terms, including terms as to adjournment, costs, or other matters, on which any information shall be supplied.
4: The Authority shall not extend or reduce
a: the applicant and the persons making submissions consent to that waiver; or
b: any of those parties who have not so consented will not be unduly prejudiced.
5: Subject to subsection (4), the Authority may at any time extend or reduce
a: an application has been made under this section; or
b: that time limit has expired,— but in all cases must ensure the matter is carried out as promptly as is reasonable in the circumstances.
6: If the relevant CPTPP or TPP provision applies to an application to which subsection (1)﻿(c) applies, the Authority must act under subsection (5) to extend (or further extend) the time limit given by subsection (1)﻿(c) as the Authority considers appropriate to give effect to the relevant CPTPP or TPP provision.
7: An extension given for the purposes of subsection (6) applies for all submissions.
8: In subsection (6), relevant CPTPP or TPP provision
a: Article 8.7.14 of the Trans-Pacific Partnership Agreement (done at Auckland on 4 February 2016) (technical barriers to trade: transparency: periods to comment on proposals):
b: that provision as incorporated into the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, done at Santiago, Chile, on 8 March 2018, by Article 1.1 of that agreement.
9: Subsection (4) does not apply where the Authority is acting under subsection (5) for the purposes of subsection (6). Section 59(1)﻿(a) amended 5 September 2015 section 15(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 59(1)﻿(a) amended 30 October 2003 section 36(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 59(1)﻿(b) substituted 30 October 2003 section 36(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 59(1)﻿(b) amended 20 April 2010 section 15 Hazardous Substances and New Organisms Amendment Act 2010 Section 59(1)﻿(d) amended 31 December 2000 section 22(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 59(2) amended 30 October 2003 section 36(3) Hazardous Substances and New Organisms Amendment Act 2003 Section 59(3)﻿(a) amended 5 September 2015 section 15(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 59(4) amended 31 December 2000 section 22(3) Hazardous Substances and New Organisms Amendment Act 2000 Section 59(5) amended 31 December 2000 section 22(4) Hazardous Substances and New Organisms Amendment Act 2000 Section 59(6) inserted 30 December 2018 section 58 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 59(7) inserted 30 December 2018 section 58 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 59(8) inserted 30 December 2018 section 58 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018 Section 59(9) inserted 30 December 2018 section 58 Comprehensive and Progressive Agreement for Trans-Pacific Partnership Amendment Act 2018
59A: Joint processing and decision making on related applications
1: This section applies if—
a: the Authority receives related applications; and
b: at least 1 of the applications is publicly notified in accordance with section 53 section 53AA(4)
c: the Authority considers that decisions on the applications should be made on the same date.
2: The Authority may extend a time period that applies to the processing of the related applications to ensure that—
a: they are heard (if more than 1 application is to be heard) at the same time and place; and
b: decisions on the applications are made on the same date.
3: However, the Authority may not extend the time period beyond the latest date that applies to the related applications.
4: In this section, related applications 2012 No 72 s 44 Section 59A inserted 1 November 2022 section 8 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
60: Obligation to hold hearing
A hearing of any application need not be held unless—
a: the Authority considers that a hearing is necessary; or
b: the applicant has made a written request to the Authority for a hearing; or
c: a person who has made a submission stated in that submission that he or she wishes to be heard and has not subsequently advised that he or she does not wish to be heard.
61: Provisions relating to hearings
1: The Authority shall consider and decide any application, other than an application which is the subject of a Ministerial direction under section 68
2: The Authority shall keep a record of all proceedings before it.
3: For the purpose of considering any application, the Authority shall have the same powers as are conferred on a Commission of Inquiry by the Commissions of Inquiry Act 1908 sections 4 4B 4D 6 7 9 11 12
4: The members of the Authority shall have, in relation to any such consideration and any decision on any matter, the same immunities and privileges as are possessed by a District Court Judge.
4A: Subsection (4) applies despite section 121
5: Every summons to a witness to appear at a hearing shall be in an approved form
6: All allowances for a witness shall be paid by the party on whose behalf the witness is called.
7: The Authority shall hold any hearing of a publicly notified application
a: permit cross-examination; or
b: permit questions in clarification; or
c: permit only the members of the Authority to question any person.
8: At the hearing, the applicant and any person who made submissions and stated that they wished to be heard may speak (either personally or through a representative) and call evidence.
9: Where any person who has stated that he or she wished to be heard fails to appear at the hearing, the Authority may nevertheless proceed with the hearing if it considers it fair and reasonable to do so. Section 61(4A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 61(5) amended 31 December 2000 section 23 Hazardous Substances and New Organisms Amendment Act 2000 Section 61(7) amended 7 May 1999 section 6 Hazardous Substances and New Organisms Amendment Act 1999
62: Grounds for reassessment of substance or organism
1: Any person (including the chief executive of the Authority) may at any time request the Authority to decide whether there are grounds for reassessing any of the following where the organism or substance has previously been assessed by the Authority:
a: any new organism in containment:
b: any conditionally released new organism:
c: any qualifying organism released with controls:
d: any hazardous substance.
2: If a request has been made under subsection (1), the Authority may decide that grounds exist to reassess the organism or substance after taking into account—
a: that significant new information relating to the effects of the organism or substance has become available; or
b: any change in controls under the Health and Safety at Work Act 2015
c: that another substance with similar or improved beneficial effects and reduced adverse effects has become available; or
d: that information showing a significant change of use, or a significant change in the quantity manufactured, imported, or developed, has become available; or
e: whether the substance has been included in the reassessments work plan required by section 20C
3: For the purposes of subsection (1) assessed by the Authority sections 28A 29 32 38BA 38C 38I 42 42A 42B 42C 45 48 section 73 section 160A Section 62(1) replaced 1 November 2022 section 21 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 62(2) replaced 1 November 2022 section 21 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 62(3) replaced 1 November 2022 section 21 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 62(4) repealed 1 November 2022 section 21 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
63: Reassessment
1: Any person (including the chief executive of the Authority) may request the Authority to proceed with a reassessment following a decision under section 62(2)
2: A reassessment under this section shall be deemed to be an application and shall be publicly notified in accordance with section 53
a: section 29 sections 54 to 61 section 28A
b: sections 30 32
c: sections 39 to 45 sections 54 to 61 section 42 42A 42B 42C 45
ca: sections 38A to 38D 54 to 61
cb: sections 38I to 38L 54 to 58
d: sections 47 48 sections 54 to 61
3: However, a reassessment of a qualifying organism released with controls is not required to be publicly notified in accordance with section 53 Section 63(1) replaced 1 November 2022 section 22 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63(2)﻿(a) amended 2 July 2001 section 25 Hazardous Substances and New Organisms Amendment Act 2000 Section 63(2)﻿(c) amended 20 April 2010 section 17 Hazardous Substances and New Organisms Amendment Act 2010 Section 63(2)﻿(ca) inserted 30 October 2003 section 38(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 63(2)﻿(cb) inserted 30 October 2003 section 38(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 63(3) added 30 October 2003 section 38(2) Hazardous Substances and New Organisms Amendment Act 2003
63A: Modified reassessment procedure for amendments to approvals of hazardous substances
1: Despite anything to the contrary in this Act, the Authority may, following a decision under section 62(2)
a: a reassessment of the hazardous substance under section 63
b: the amendment is not a minor or technical amendment to which section 67A
2: A reassessment under this section—
a: may vary the EPA
b: may not revoke an approval given to a hazardous substance under this Act to import or manufacture the substance.
3: A reassessment under this section is deemed to be an application, and sections 53AA 55 to 61
4:
5:
6: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account—
a: all the effects associated with the reassessment; and
b: the best international practices and standards for the safe management of hazardous substances.
7: Sections 77 77A 77B
8: Section 65(e) Section 63A inserted 22 December 2005 section 16 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 63A(2)﻿(a) amended 1 December 2017 section 17(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 63A(3) amended 1 November 2022 section 23(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63A(4) repealed 1 November 2022 section 23(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63A(5) repealed 1 November 2022 section 23(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63A(7) replaced 1 December 2017 section 17(2) Hazardous Substances and New Organisms Amendment Act 2015
63B: Proposal for group standard may be consulted on in same way as reassessment
1: This section applies if the Authority—
a: decides to reassess a hazardous substance under section 63A section 53
b: proposes to issue, amend, or revoke (under section 96B
2: The Authority may consult on the following matters, in accordance with section 63A(5)
a: the proposal to issue, amend, or revoke the group standard; and
b: its assessment of the matters referred to in section 53(1A)﻿(c)
3: If the Authority consults in accordance with subsection (2), then the public notice requirements of sections 53(1A) 96C(2) 96D Section 63B inserted 20 April 2010 section 18 Hazardous Substances and New Organisms Amendment Act 2010 Section 63B(2)﻿(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 63B(3) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015
63C: Modified reassessment to change controls in other cases
1: Despite anything to the contrary in this Act, the Authority may reassess a hazardous substance in accordance with this section if the Authority considers that—
a: a reassessment of the hazardous substance under section 63
b: the amendment is not a minor or technical amendment to which section 67A
c: the reassessment is necessary because of a change in the hazard classification system, controls in regulations, EPA controls, or controls under the Health and Safety at Work Act 2015
2: A reassessment under this section—
a: may vary 1 or more of the following:
i: the EPA controls that attach to a hazardous substance:
ii: the description of a hazardous substance:
iii: the hazard classification of a hazardous substance; but
b: may not revoke an approval given to import or manufacture a hazardous substance under this Act.
3: A reassessment under this section is deemed to be an application, and sections 53AA 55 to 61
4:
5:
a: do everything reasonably practicable on its part to consult with all persons who, in its opinion, may be affected by the reassessment; and
b: give those persons a reasonable opportunity to make submissions and comments to the Authority on the reassessment; and
c: consider all submissions and comments received.
6: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account—
a: all the effects associated with the reassessment; and
b: the best international practices and standards for the safe management of hazardous substances.
7: Section 65(e)
8: Sections 77 77A 77B
9: This section does not limit the operation of section 77(2)﻿(a) Section 63C inserted 1 December 2017 section 18 Hazardous Substances and New Organisms Amendment Act 2015 Section 63C(3) amended 1 November 2022 section 24(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63C(4) repealed 1 November 2022 section 24(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 63C(5) repealed 1 November 2022 section 24(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
63D: Modified reassessment to align classifications
1: Despite anything to the contrary in this Act, the Authority may reassess a hazardous substance in accordance with this section if the Authority is satisfied that—
a: a reassessment of the hazardous substance under section 63
b: the amendment is not a minor or technical amendment to which section 67A
c: the reassessment is necessary to change a hazard classification or control to align with—
i: the equivalent of a hazard classification or control that has been set by an international regulator; or
ii: a hazard classification or control of a related substance that was the subject of an Authority decision after the hazardous substance was approved by the Authority.
2: A reassessment under this section—
a: may vary 1 or more of the following:
i: the EPA controls that attach to a hazardous substance:
ii: the description of a hazardous substance:
iii: the hazard classification of a hazardous substance; but
b: may not revoke an approval given to import or manufacture a hazardous substance under this Act.
3: A reassessment under this section is treated as an application, and sections 53AA 55 to 61
4: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account—
a: all the effects associated with the reassessment; and
b: the best international practices and standards for the safe management of hazardous substances.
5: Section 65(e)
6: Sections 77 77A 77B
7: This section does not limit the operation of section 77(2)﻿(a)
8: An applicant relying on subsection (1)﻿(c)﻿(i) must provide the Authority with evidence of the right to use the information relied on in the application.
9: The Authority must not reassess a hazardous substance under this section more than once in a 12-month period. Section 63D inserted 1 November 2022 section 9 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
64: Suspension of approvals during reassessment
Where an application to reassess section 63(2) Gazette Section 64 amended 1 November 2022 section 25 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
64A: Temporary restriction of use during reassessment
1: The Authority may, by notice in the Gazette
a: a decision under section 62(2)
b: the Authority has not approved or declined a reassessment application relating to the decision under section 62(2)
c: the Authority has reasonable cause to believe that there is actual or likely danger to human health or safety or the environment from the use of the substance; and
d: the Authority has consulted the persons who the Authority considers are likely to be directly affected by the restriction of use.
2: The notice—
a: may prohibit the use of a hazardous substance in specified circumstances or places, or by specified classes of persons; but
b: must not prohibit the use of the hazardous substance generally.
3: The notice—
a: must identify the nature of the restriction, including any conditions, on the use of the hazardous substance; and
b: remains in force until the earliest of the following:
i: the date on which the Authority approves or declines a reassessment application relating to the hazardous substance:
ii: the date on which the applicant withdraws a reassessment application relating to the hazardous substance:
iii: the date that is 1 year after the date of notification in the Gazette section 62(2)
4: The Authority must publish the notice on an Internet site maintained by or on behalf of the Authority as soon as practicable after the notice has been published in the Gazette Section 64A inserted 1 November 2022 section 10 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
65: No compensation following reassessment
Where any hazardous substance or new organism is reassessed in accordance with section 63 63A 63C 63D section 64A section 96B(3)
a: declines to allow any further importation or manufacture of that substance; or
b: declines to approve the release of any new organism from containment; or
c: declines to approve any further importation, field testing, or development of any new organism in containment; or
d: suspends any approval in accordance with section 64
e: varies the controls on any substance or organism; or
f: imposes a restriction under section 64A Section 65 amended 1 November 2022 section 26(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 65 amended 1 December 2017 section 19 Hazardous Substances and New Organisms Amendment Act 2015 Section 65(f) inserted 1 November 2022 section 26(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
66: Requirement for disposing of substances
1: Where any hazardous substance has been reassessed in accordance with section 63 Gazette
2: Where the use of any hazardous substance is prohibited in accordance with subsection (1), the Authority may, if it thinks fit, add to or vary the controls on disposal of that substance to control any additional adverse effects of disposal of that substance in accordance with subsection (1), disclosed during reassessment.
66A: Disposal of persistent organic pollutants
1: If Schedule 2A
a: no person may use the substance; and
b: the Authority may issue a direction, by notice
2: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 66A inserted 23 December 2004 section 11 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 66A(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 66A(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
67: Authority to direct disposal of new organisms
Following any decision to—
a: decline approval to release any new organism from containment; or
b: decline approval to import, field test, or develop any new organism,— the Authority may direct the owner of any such organism already in New Zealand to dispose of the organism at the owner's expense in accordance with the terms of the approval under which the organism was imported, field tested, or developed.
67A: Minor or technical amendments to approvals
The Authority may, of its own motion, amend any approval given by it under this Part if it considers that the alteration is minor in effect or corrects a minor or technical error. Section 67A inserted 31 December 2000 section 26 Hazardous Substances and New Organisms Amendment Act 2000
67B: Revoking duplicated approvals
1: The Authority may, by notice
a: a group standard; or
b: a Part 5
2: The Authority may, but is not required to, consult any person or organisation before revoking an approval, a deemed approval, or a group standard under this section.
3: A notice under this section—
a: must be published in the Gazette
b: is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 67B inserted 1 December 2017 section 20 Hazardous Substances and New Organisms Amendment Act 2015 Section 67B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 67B(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Minister's call-in powers
68: Minister's power to call in applications with significant effects
1: The Minister may direct that he or she will decide an application under this Act if the Minister considers that the decision on the application will have—
a: significant cultural, economic, environmental, ethical, health, international, or spiritual effects; or
b: significant effects in an area in which the Authority lacks sufficient knowledge or experience.
1A: However, a direction under this section applies to an application that relates to any hazardous substances only if the application is one to which section 53(4)
2: The direction shall include the Minister's reasons for giving it.
2A: Sections 114 115
2B: This section applies despite section 113
3: Where the application is for approval to release from containment any new organism, the Minister, in the Minister's discretion, may include in the direction given under subsection (1) a statement specifying, in the circumstances of the particular case, what is or is not significant for the purposes of applying section 36 Section 68(1) substituted 30 October 2003 section 39 Hazardous Substances and New Organisms Amendment Act 2003 Section 68(1A) inserted 1 December 2017 section 21 Hazardous Substances and New Organisms Amendment Act 2015 Section 68(1A) amended 1 November 2022 section 27 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 68(2A) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 68(2B) inserted 25 January 2005 section 200 Crown Entities Act 2004
69: Notification of Minister's direction
1: A direction by the Minister under section 68 Gazette 30 working days after the date on which the Authority gives public notice of the application
2: The Minister shall forward a copy of the Gazette sections 71 72 Section 69(1) amended 30 October 2003 section 40 Hazardous Substances and New Organisms Amendment Act 2003
70: Minister may appoint persons
Where the Minister directs that the Minister will decide any application in accordance with section 68 sections 71 72
71: Conduct of inquiry by Authority
1: On receipt of a notice under section 69 section 68
2: The Authority may require further information under section 52
3: Sections 53 to 61
4: The Authority—
a: must hold an inquiry in public; and
b: must consider—
i: all matters under this Act relevant to the application; and
ii: the Minister's reasons for giving the direction under section 68 Section 71(4) substituted 30 October 2003 section 41 Hazardous Substances and New Organisms Amendment Act 2003
72: Authority to report to Minister
1: On completion of an inquiry under section 71
2: After receiving a report from the Authority, the Minister shall ensure that—
a: a copy of the report is sent to the applicant for any approval to which the report relates; and
b: a copy of the report is sent to every person who made a submission.
73: Minister to decide application and notify decision
1: When considering his or her decision on the application, the Minister shall have regard to—
a: the report and recommendations of the Authority; and
b: the reasons for calling in the application.
2: Within 20 working days after receiving a report from the Authority, the Minister shall give his or her decision in writing, including reasons for the decision, give written notice of the decision to the applicant and every person who made a submission, and publicly notify the decision.
3: Every decision by the Minister under this section may include such controls as may be imposed by the Authority under Section 73(3) amended 30 October 2003 section 42 Hazardous Substances and New Organisms Amendment Act 2003
5A: Restrictions on approving certain applications
Part 5A repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003
73A: Interpretation
Section 73A repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003
73B: Application
Section 73B repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003
73C: Authority must not consider or approve certain applications during restricted period
Section 73C repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003
73D: Additional information required for certain applications
Section 73D repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003
73E: Additional matters Authority must consider for certain applications
Section 73E repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003
73F: No compensation
Section 73F repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003
73G: Expiry
Section 73G repealed 30 October 2003 section 43(1) Hazardous Substances and New Organisms Amendment Act 2003
6: EPA controls
Part 6 heading amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Hazard classification system
74: Establishment of hazard classification system
The Authority may from time to time, in accordance with section 76C
a: prescribing, for each intrinsic hazardous substance property, a number of degrees or types of hazard, which may be done by reference to an international system or by incorporation of material under section 141A
b: prescribing, for each intrinsic hazardous substance property, a degree of hazard below which any substance is not considered hazardous, which may be done by reference to an international system or by incorporation of material under section 141A
c: prescribing, for gases under pressure, a physical state when packaged:
d: prescribing substances as substances that are not hazardous for the purpose of this Act. Section 74 replaced 1 December 2017 section 22 Hazardous Substances and New Organisms Amendment Act 2015
75: Authority may prescribe hazardous property controls
1: The Authority may from time to time, in accordance with section 76C
a: for substances with explosive properties:
i: to reduce the likelihood of an unintended explosion:
ii: to control the adverse effects likely to be caused by an explosion:
b: for substances with flammable properties:
i: to reduce the likelihood of an unintended fire or explosion:
ii: to control the adverse effects of any fire or explosion:
c: for substances with oxidising properties:
i: to reduce the likelihood of any unintended release of chemical energy as an explosion or fire:
ii: to control the adverse effects of any release of chemical energy as an explosion or fire:
d: for substances with corrosive properties:
i: to reduce the likelihood of any unintended corrosion:
ii: to control the adverse effects of any corrosion:
e: for substances with toxic properties:
i: to reduce the likelihood of any unintended exposure to any such substances:
ii: to control the adverse effects of any exposure to such substances:
f: for substances with ecotoxic properties—
i: to reduce the likelihood of unintended exposure to any such substance:
ii: to control the adverse effects of any exposure to such substances.
g:
2:
3: Any notice
a: set, or provide for the setting of, exposure limits within a range of values, or according to a methodology:
b: set, or provide for the setting of, exposure limits by adopting international values or international methodologies. Section 75 heading replaced 1 December 2017 section 23(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(1) amended 1 December 2017 section 23(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(1)﻿(f) replaced 1 December 2017 section 23(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(1)﻿(g) repealed 1 December 2017 section 23(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(2) repealed 1 December 2017 section 23(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 75(3) added 22 December 2005 section 17 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 75(3) amended 1 December 2017 section 23(5) Hazardous Substances and New Organisms Amendment Act 2015
76: Authority may prescribe controls and requirements relating to hazardous substances
1: The Authority may, from time to time, in accordance with section 76C
a: prescribe requirements for packages or containers for hazardous substances:
b: prescribe requirements for the identification, labelling, and advertising of hazardous substances, and requirements for safety data sheets:
c: prescribe requirements for disposal of hazardous substances:
d: prescribe qualifications and other requirements that persons must hold or meet in order to obtain or handle—
i: hazardous substances other than in a workplace:
ii: hazardous substances with ecotoxic properties:
e: prescribe requirements for content controls:
f: prescribe EPA controls on any gases under pressure, whether or not the properties of any gas that is under pressure are intrinsically hazardous:
g: prescribe EPA controls for any hazardous substance to avoid or mitigate any adverse effects on the physical or chemical nature of the environment:
h: prescribe EPA controls to avoid or mitigate illness or injury to people or damage to the environment or chattels from any hazardous substance:
i: prescribe EPA controls for by-products with hazardous properties, which result from the manufacture or use of any substance:
j: prescribe technical restrictions and prohibitions on the sale of specified fireworks.
2: Gases under pressure that are subject to EPA controls under subsection (1)﻿(f) must be treated as hazardous substances for the purposes of Part 7
3: EPA controls may be prescribed under subsection (1)﻿(i) only if the Authority is satisfied that the controls on any by-product with hazardous properties under this Act or any other Act are not sufficient to achieve the purposes of this Act.
4: The Authority may, in any EPA notice,—
a: prescribe EPA controls for any specified hazardous substance or hazardous substances of a specified class:
b: prescribe or provide for EPA controls by reference to controls prescribed under any other Act. Section 76 replaced 1 December 2017 section 24 Hazardous Substances and New Organisms Amendment Act 2015
76A: Authority may prescribe other matters relating to hazardous substances
The Authority may, in accordance with section 76C
a: prescribes the method of estimating the quantity of any substance to be imported or manufactured:
b: prescribes countries for the purposes of sections 28 31
c: prescribes information to be provided to the Authority with any application for approval of any hazardous substance:
d: prescribes, whether by reference to any specified classes of importers or manufacturers or on some other basis,—
i: information that importers or manufacturers must provide to the Authority; and
ii: related requirements, including the making available of, or the giving of, any notice or information about specified activities, matters, or things to the Authority or to an enforcement officer:
e: prescribes forms for the purposes of this Act that relate to any hazardous substances:
f: prescribes documentation to be issued in respect of any hazardous substance before importation into New Zealand:
g: prescribes qualifications for enforcement officers appointed under section 100
h: prescribes who is an importer or a manufacturer, which may be done by reference to any classes or otherwise:
i: provides for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect. Section 76A inserted 5 September 2015 section 24 Hazardous Substances and New Organisms Amendment Act 2015 Section 76A(a), (b), (c), (e), (i) brought into force 1 December 2017 clause 2 Hazardous Substances and New Organisms Amendment Act 2015 Commencement Order 2017
76B: Further provisions relating to EPA notices
1: An EPA notice issued under section 74 75 76 76A
a: be of general or limited application:
b: differ according to differences in time, place, or circumstance, or any other basis:
c: impose prohibitions:
d: impose obligations and restrictions on persons:
e: apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status.
2: An EPA notice made under subsection (1) is not invalid merely because it confers a discretion on, or allows a matter to be determined or approved by, any person.
3: The Authority may, in any EPA notice, include transitional and savings provisions for the purpose of giving effect to any matters arising from the notice that are necessary because of the coming into effect of the notice. Section 76B inserted 5 September 2015 section 24 Hazardous Substances and New Organisms Amendment Act 2015
76C: Procedure for issuing EPA notices
1: Before issuing an EPA notice, the Authority must—
a: publicly notify its intention to issue the notice; and
b: give interested persons a reasonable time, which must be specified in the notification published under paragraph (a), to make submissions on the proposal; and
c: consult any persons, representative groups within the hazardous substances industry or elsewhere, government departments, WorkSafe, and Crown entities that the Authority considers appropriate in each case.
2: Before issuing an EPA notice, the Authority must have regard, and give any weight that it considers appropriate in each case, to the following:
a: the costs and benefits of implementing measures for which the notice is being proposed:
b: the best international practices and standards for the safe management of hazardous substances:
c: any other matters that the EPA considers appropriate in the circumstances.
3: An EPA notice must—
a: be signed by the chairperson of the Authority; and
b: set out fully the requirements of the notice, except where certain information is incorporated in the notice by reference; and
c: include a statement of the objective of the notice; and
d:
4:
5: The Authority may amend or revoke any EPA notice and the amendment or revocation is subject to subsections (1) to (3), except as provided by subsection (6).
6: The Authority may, on its own initiative, amend an EPA notice without complying with subsections (1) and (2), if it considers that the amendment is minor in effect or corrects a minor or technical error.
7: A failure to comply with subsections (1), (3), and (4) does not affect the validity of any EPA notice made under this Act. Section 76C inserted 5 September 2015 section 24 Hazardous Substances and New Organisms Amendment Act 2015 Section 76C(3)﻿(d) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 76C(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
76D: Application of Legislation Act 2019 to EPA notices
1: An EPA notice, or an amendment to or revocation of an EPA notice, is secondary legislation ( see Part 3
2: A statement setting out the extent of the consultation under section 76C The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (1). Legislation Act 2019 requirements for secondary legislation referred to in subsection (1) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	publicly notify it with a statement stating the extent of consultation that took place before the notice was made (see section 2 public notice •	comply with subsection (2) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 76D replaced 28 October 2021 section 3 Secondary Legislation Act 2021
76E: Authority may recognise overseas bodies as international regulators
1: The Authority may, by notice in the Gazette sections 28A 63D
2: Before recognising an overseas body, the Authority must—
a: publicly notify its intention to issue the notice; and
b: give interested persons a reasonable time, which must be specified in the notification published under paragraph (a), to make submissions on the proposal; and
c: consult any persons, representative groups within the hazardous substances industry or elsewhere, government departments, WorkSafe, and Crown entities whom the Authority considers appropriate in each case.
3: The Authority must not recognise an overseas body unless the Authority has considered whether—
a: the body operates in a manner comparable to the Authority in regulating hazardous substances; and
b: the legislative regime regulating hazardous substances in which the body operates is comparable to this Act; and
c: the information from the body is readily accessible by the Authority.
4: The Authority may amend a notice made under this section—
a: to recognise, or revoke recognition of, 1 or more overseas bodies as international regulators—
i: in accordance with subsections (1) and (2); and
ii: having considered the criteria in subsection (3)﻿(a) to (c); and
b: without complying with subsections (2) and (3), if it considers that the amendment is minor in effect or corrects a minor or technical error. Section 76E inserted 1 November 2022 section 11 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022
77: EPA controls
1: Where the Authority has approved the importation or manufacture of any substance under section 28A section 29 degree or type of hazard of that substance, if applicable
2: The controls prescribed by any regulations, and the EPA controls prescribed by any EPA notice, for each hazard classification attach to the substance, but may be varied,—
a: from time to time, by amendments to the regulations or notice prescribing the controls for the relevant hazard classification:
b: at the time the substance is approved, in accordance with subsections (3), (4), and (5).
2A: Nothing in any regulations or EPA notice referred to in subsection (2)﻿(a) affects any variations made by the Authority under subsections (3) to (5) before the commencement of the regulations or notice, unless the Authority determines otherwise.
3: The Authority may substitute or add any controls prescribed for any classification,—
a: where the adverse effects identified for a substance are greater than the adverse effects which would usually be associated with substances given that hazard classification; or
b: where another substance with similar or improved beneficial effects and reduced adverse effects has become available and the availability of the substance should be restricted by the imposition of additional controls; or
c: where the scientific and technical uncertainty in the available information is such that the adverse effects cannot be accurately identified.
4: The Authority may substitute or delete any or all controls prescribed for any classification,—
a: where the adverse effects identified for a substance are less than the adverse effects which would usually be associated with substances given that hazard classification; or
b: where the benefits of any substance are such that the controls should be varied to retain the benefits and the variation would, in the opinion of the Authority, not significantly increase the adverse effect.
5: Where any substance is given 2 or more hazard classifications, the Authority shall combine the prescribed controls and impose such of those controls as will control all of the adverse effects identified for the substance.
6: Where any controls are varied or deleted in accordance with subsection (3) or subsection (4), the Authority shall ensure that the controls remain consistent over the whole life cycle of the substance concerned.
7: Any restrictions and prohibitions on the sale of fireworks prescribed under section 76(1)﻿(j) 140(1)﻿(r) or (s)
8: The powers under sections 77A 77B Section 77 heading amended 1 December 2017 section 25(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(1) amended 1 December 2017 section 25(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(1) amended 2 July 2001 section 27 Hazardous Substances and New Organisms Amendment Act 2000 Section 77(2) replaced 1 December 2017 section 25(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(2A) replaced 1 December 2017 section 25(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(7) replaced 1 December 2017 section 25(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 77(8) added 22 December 2005 section 18 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
77A: Authority's power to impose
EPA
1: The Authority may, at the time it approves a substance for any purpose under this Act, impose as controls under this section any obligations and restrictions that the Authority thinks fit for the purpose of setting EPA controls
2: Without limiting anything in subsection (1), the Authority may, in approving a substance, specify as an EPA control under this section—
a: an obligation to obtain a permission under section 95A
b: a restriction on the use of a substance.
3: Obligations and restrictions imposed under this section are EPA
a: be additional to other specified controls; or
b: vary other specified controls; or
c: be in substitution for other specified controls; or
d: combine other specified controls; or
e: delete other specified controls.
4: Before imposing a control under this section, the Authority must be satisfied that, either—
a: against any other specified controls that apply to the substance,—
i: the proposed control is more effective in terms of its effect on the management, use, and risks of the substance; or
ii: the proposed control is more cost-effective in terms of its effect on the management, use, and risks of the substance; or
iii: the proposed control is more likely to achieve its purpose; or
b: in the case of a control that is a restriction on the use of a hazardous substance, the positive effects of the substance when restricted to that use outweigh the adverse effects.
5: In this section, other specified controls Section 77A inserted 24 March 2004 section 5 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 77A heading amended 1 December 2017 section 26(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(1) amended 1 December 2017 section 26(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(2) replaced 1 December 2017 section 26(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(3) amended 1 December 2017 section 26(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(4) replaced 1 December 2017 section 26(5) Hazardous Substances and New Organisms Amendment Act 2015 Section 77A(5) replaced 1 December 2017 section 26(6) Hazardous Substances and New Organisms Amendment Act 2015
77B: Exposure limits for substances with toxic or ecotoxic properties
1: Despite anything to the contrary in this Act, the Authority may, at the time, or at any time after, it approves a substance with toxic or ecotoxic properties for any purpose under this Act,—
a: set exposure limits for the substance or any element or compound making up the substance that the Authority thinks fit; or
b: provide for the setting of exposure limits for the substance or any element or compound making up the substance.
2: Exposure limits set under subsection (1) may comprise 1 or more of the following:
a: environmental exposure limits:
b: tolerable exposure limits:
c:
3: Without limiting anything in subsection (1), the Authority may—
a: provide that all or any of the exposure limits set by it are for guidance only:
b: set, or provide for the setting of, exposure limits within a range of values or according to a methodology:
c: set, or provide for the setting of, exposure limits by adopting international values or international methodologies.
4: Exposure limits imposed under this section are EPA
a: be additional to other specified exposure limits; or
b: vary other specified exposure limits; or
c: substitute other specified exposure limits; or
d: combine other specified exposure limits; or
e: delete other specified exposure limits.
5: Before setting exposure limits under this section, the Authority must—
a: consider the best international practices and standards for the safe management of substances with toxic or ecotoxic properties; and
b: be satisfied that, against other specified exposure limits that apply to the substance,—
i: the proposed exposure limit is more effective in terms of its effect on the management, use, and risks of the substance; or
ii: the proposed exposure limit is more cost-effective in terms of its effect on the management, use, and risks of the substance; or
iii: the proposed exposure limit is more likely to achieve its purpose; and
c: do everything reasonably practicable on its part to advise all people who in its opinion may be affected by the proposed exposure limit; and
d: give those people a reasonable opportunity to make submissions and comments to the Authority on the proposed exposure limit; and
e: consider all submissions and comments received.
6: In this section,— environmental exposure limit EPA notices tolerable exposure limit EPA notices Section 77B inserted 22 December 2005 section 19 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 77B(2)﻿(c) repealed 1 December 2017 section 27(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 77B(4) amended 1 December 2017 section 27(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 77B(6) environmental exposure limit amended 1 December 2017 section 27(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 77B(6) tolerable exposure limit amended 1 December 2017 section 27(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 77B(6) workplace exposure standard repealed 1 December 2017 section 27(5) Hazardous Substances and New Organisms Amendment Act 2015
78: Codes of practice
1: The Authority may from time to time issue, amend, approve, or revoke any code of practice for hazardous substances for the purpose of implementing any requirement included in EPA or an EPA notice
2: Every code of practice, and every amendment or revocation of a code of practice for hazardous substances, shall show the date on which it was issued.
3: The Authority may issue, as a code of practice for hazardous substances, any code of practice approved under any other Act.
4: The Authority may approve, as a code of practice for hazardous substances, any document prepared by any other person if that document is considered by the Authority as a suitable document for use as a code of practice for hazardous substances.
5: A code of practice issued or approved under this Act that is also a code of practice approved under any other Act or a document prepared by another person, consists of the contents of that code or document as that code or document existed on the date that it was approved or issued as a code of practice under this Act.
6: The Authority must not, without the written consent of the relevant Minister,—
a: adopt with modification any documents previously approved by a Minister of the Crown; or
b: approve any amendment of any part of a code of practice that comprises a document approved by a Minister of the Crown and later adopted by the Authority. Section 78(1) substituted 2 July 2001 section 28 Hazardous Substances and New Organisms Amendment Act 2000 Section 78(1) amended 1 December 2017 section 28(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 78(1) amended 1 December 2017 section 28(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 78(5) substituted 7 May 1999 section 7 Hazardous Substances and New Organisms Amendment Act 1999 Section 78(6) replaced 1 December 2017 section 28(3) Hazardous Substances and New Organisms Amendment Act 2015
79: Codes may be approved by Authority
1: A code of practice for hazardous substances, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Authority and published under the Legislation Act 2019
2: Subject to subsection (3), the Authority shall not approve any code, or any amendment or revocation of a code, unless—
a: not less than 20 working days has elapsed since the publication in the Gazette
b: the Authority has consulted such persons as will be affected by the code or amendment or revocation or who have advised the Authority in writing that they wish to be consulted
c: the Authority has considered any comments made to it concerning those effects.
3: The Authority may approve a code of practice for hazardous substances or any amendment or revocation of that code without complying with the requirements of subsection (2)﻿(a) or (b), if it is satisfied that sufficient consultation has already taken place in respect of the matters in the code, or amendment, or revocation.
4:
5: A code of practice, or an amendment to or revocation of a code of practice, approved under this section—
a: must show the date of the approval; and
b: is secondary legislation ( see Part 3
6: That Act applies as if—
a: the Authority were the maker of the code of practice, amendment, or revocation; and
b: the code of practice, amendment, or revocation were made by the Authority approving it under this section. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (5). Legislation Act 2019 requirements for secondary legislation referred to in subsection (5) Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	notify it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 79(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(2)﻿(b) amended 2 July 2001 section 29(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 79(4) repealed 2 July 2001 section 29(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 79(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 79(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
80: Availability of codes
Section 80 repealed 28 October 2021 section 3 Secondary Legislation Act 2021
81: Proof of code
Without affecting any other method of proof, the production in any proceedings of a copy of any code of practice for hazardous substances, or amendment or revocation of such a code of practice, purporting to have been approved by the Authority, in the absence of evidence to the contrary, shall be sufficient proof that it has been issued in accordance with this Act. Test certifiers
82: Certificates
Regulations made under this Act, EPA notices, approvals granted by the Authority, and requirements imposed in accordance with Part 3
a: from a certifier authorised under section 211(1)﻿(k)
b: from the Authority under this Act that certifies that any specified requirement has been met; or
c: under any other relevant enactment that certifies that any specified requirement has been met. Section 82 replaced 1 December 2017 section 29 Hazardous Substances and New Organisms Amendment Act 2015
82A: Register of test certificates
Section 82A repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015
82B: Delegation by approved person
Section 82B repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015
82C: Revocation of
1: The Authority may, at any time and by notice in writing to the person to whom the certificate holder
a: obtained the
b: has been negligent as a certificate holder; or
c: is incompetent to act as a certificate holder ; or
d: has not met, or continued to meet, any requirement for which the
2: The Authority may not revoke a
a: has notified the certificate holder in writing of its intention to investigate whether to revoke the
b: has given the certificate holder reasons in writing for the Authority's investigation; and
c: has given the certificate holder a reasonable opportunity to make submissions to the Authority in respect of the investigation; and
d: has considered all submissions and any other information received; and
e: is, as a result of the investigation, satisfied that there are grounds for revoking the
3: The Authority may seek, receive, or take into account any other information or evidence that the Authority considers relevant for the purposes of this section.
4: If the Authority proposes to take into account any information that is or may be prejudicial to the certificate holder, the Authority must, subject to subsection (5), disclose that information to the certificate holder and give him or her a reasonable opportunity to refute or comment on the information.
5: The Authority is not required to disclose any information under subsection (4) that would be likely to endanger the safety of any person.
6: If the Authority determines not to disclose any information in reliance on subsection (5), the Authority must inform the certificate holder of the fact of non-disclosure, and the following provisions apply:
a: in the case of non-disclosure to an individual of information about the individual,—
i: the Authority must inform the individual that he or she may, under the Privacy Act 2020
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 49(1)﻿(a)﻿(i)
b: in any other case,—
i: the Authority must inform the person that the person may seek a review by an Ombudsman of that non-disclosure under the Official Information Act 1982
ii: the provisions of that Act apply to that non-disclosure as if, following a request under that Act for the information withheld, the information had been withheld under section 6(d)
7: On completion of the Authority's investigation, the Authority must notify the certificate holder in writing of—
a: the Authority's decision; and
b: the certificate holder's right of appeal against that decision.
8: A
9: Section 82C inserted 22 December 2005 section 21 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 82C heading amended 1 December 2017 section 31(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C heading amended 20 April 2010 section 22(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 82C(1) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(1) amended 20 April 2010 section 22(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 82C(1)﻿(a) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(1)﻿(c) amended 20 April 2010 section 22(3) Hazardous Substances and New Organisms Amendment Act 2010 Section 82C(1)﻿(d) added 20 April 2010 section 22(3) Hazardous Substances and New Organisms Amendment Act 2010 Section 82C(1)﻿(d) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(2) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(2)﻿(a) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(2)﻿(e) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(6)﻿(a)﻿(i) amended 1 December 2020 section 217 Privacy Act 2020 Section 82C(6)﻿(a)﻿(ii) amended 1 December 2020 section 217 Privacy Act 2020 Section 82C(8) amended 1 December 2017 section 31(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 82C(9) repealed 20 April 2010 section 22(4) Hazardous Substances and New Organisms Amendment Act 2010
83: Applications for approval as test certifier
Section 83 repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015
84: Processing applications for approval as test certifier
Section 84 repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015
85: Register of test certifiers
Section 85 repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015
86: Complaints to Authority
Section 86 repealed 1 December 2017 section 30 Hazardous Substances and New Organisms Amendment Act 2015 Transferable permits
87: Establishment of transferable permit scheme
1: Subject to section 141
2: Regulations made under subsection (1) may include the following matters:
a: the amount of substance available for importation or manufacture in any specified period of time or a method for determining that amount:
b: the method of allocating, reallocating, reducing, increasing, or cancelling any transferable permits:
c: the period for which any transferable permit will be valid:
d: any limitations upon the transfer of permits:
e: any scheme monitoring requirements, including any reporting requirements imposed on holders of permits.
3: Any method specified in accordance with subsection (2)﻿(b) shall first allocate transferable permits to persons importing or manufacturing the substance immediately prior to the establishment of the transferable permit scheme.
4: Any method specified in accordance with subsection (2)﻿(a) may provide for the amount of a substance to be reduced or increased over a specified period of time.
5: Where any regulations made under this section specify a method for reducing the amount of substance available for importation or manufacture, no compensation shall be payable in respect of any such reduction.
6: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 87(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
88: Authority to recommend establishment
The Authority may recommend to the Minister that a transferable permit scheme be established, amended, or revoked for any hazardous substances or group of hazardous substances, in accordance with section 87
a: that a reduction in the likely occurrence of adverse effects similar to that achieved by the controls attached to any substance in accordance with sections 77 77A 77B
i: any transferable permit scheme; or
ii: any combination of a transferable permit scheme and EPA sections 75 76
b: that such a scheme will be cost effective to implement, having regard to the costs associated with the transferable permit scheme, including the costs of monitoring and the costs of alternative methods of controls, and the benefits provided from the ability to transfer permits. Section 88(a) amended 22 December 2005 section 22 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 88(a)﻿(ii) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015
89: Transferable permit scheme and variation of controls
1: Where any transferable permit scheme is established for any hazardous substance in accordance with section 87 EPA sections 77 77A 77B
2: Any substitution or deletion of controls on any substance in accordance with subsection (1) shall remain in force so long as the transferable permit scheme in place at the time of the substitution or deletion of controls remains the same. Section 89(1) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 89(1) amended 22 December 2005 section 23 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
90: Transfer of permits
1: Any person who has been granted a transferable permit in accordance with any scheme established under section 87
2: The transferor, within 20 working days after making any such transfer, shall notify the Authority in writing of the transfer, the amount transferred, and the name and address of the transferee, and return the permit for reissuing.
3: No transfer shall be valid unless the Authority is notified in accordance with subsection (2).
91: Contents of transferable permits
Every transferable permit shall specify—
a: the substance in respect of which it is issued; and
b: the dates of issue and expiry of the permit; and
c: the amount of the substance which the permit holder is permitted to import or manufacture under the permit; and
d: any other EPA Section 91(d) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015
92: Modification of permits
The Authority may modify any permit to correct any clerical error or omission.
93: Registration of scheme
1: Before commencing any transferable permit scheme, the Authority shall establish a register for each scheme.
2: The Authority shall include in the register—
a: the details of every permit issued; and
b: the details of every transfer of the whole or any part of a transferable permit.
3: The register shall be available for inspection upon request to any person.
4: An entry in the register, in the absence of evidence to the contrary, shall be sufficient proof that the person named in the register is the holder of the transferable permit to which the entry relates.
94: Transferable permit not to be mortgaged
Any contract or other instrument purporting to create any interest in any transferable permit for the purpose of securing the payment of a debt or other pecuniary obligation, or for the performance of any other obligation, is void.
95: Prohibition on import or manufacture until transferable permit obtained
Where a transferable permit scheme exists for a substance,—
a: no person shall manufacture or import that hazardous substance unless any relevant transferable permit has been obtained for the amount of substance being manufactured or imported; and
b: any Customs officer may permit the importation of any hazardous substance upon production by the importer of a relevant transferable permit for the amount of substance being imported. Permissions Heading inserted 24 March 2004 section 6 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Heading amended 1 December 2017 section 32 Hazardous Substances and New Organisms Amendment Act 2015
95A: Permissions
1: This section applies if the Authority approves a substance subject to an obligation referred to in section 77A(2)﻿(a)
2: An application for a permission under this section must be made in a form approved by the Authority, and must be accompanied by the appropriate charge (if any) fixed under section 21
3: In considering an application, the Authority must consider—
a: the adverse effects involved in the use or uses of the substance to which the application relates; and
b: the conditions (if any) that it thinks should be imposed as part of the permission.
4: The Authority may grant a permission subject to any conditions it may specify in the permission that are consistent with the approval of the substance.
5: The holder of a permission granted under this section is authorised to use the substance specified in the permission in accordance with the approval of the substance and the holder's permission.
6: A permission granted under this section must be in writing and in a form approved by the Authority.
7: The Authority may, at any time by notice in writing to the holder of a permission granted under this section,—
a: add or delete any conditions, or otherwise vary any conditions:
b: revoke a permission granted to the holder under this section. Section 95A inserted 24 March 2004 section 6 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004
95B: Licences
Section 95B repealed 1 December 2017 section 33 Hazardous Substances and New Organisms Amendment Act 2015 Environmental user charges
96: Report on environmental user charges
1: Where the Authority considers that a reduction in the likely occurrence of adverse effects similar to that achieved by the EPA sections 77 77A 77B
a: any environmental user charge; or
b: any combination of an environmental user charge and EPA section 75 section 76 the Authority may report to the Minister on such a charge or any combination of such controls and an environmental user charge.
2: Before preparing any report in accordance with subsection (1), the Authority shall satisfy itself that any environmental user charge would be cost effective to implement having regard to the costs associated with the environmental user charge, including the costs of monitoring and the costs of alternative methods of control.
3: Any report to the Minister made in accordance with subsection (1) may include any other matters relevant to any environmental user charge, including a report on—
a: the time of commencement of any environmental user charge; and
b: the duration of any environmental user charge; and
c: any matters relevant to the implementation of environmental user charges; and
d: use of the revenue from environmental user charges; and
e: any procedure for adjusting or removing any EPA
f: any procedure for adjusting or removing any combination of EPA section 62 Section 96(1) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 96(1) amended 22 December 2005 section 24 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 96(1)﻿(b) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 96(3)﻿(e) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 96(3)﻿(f) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015
6A: Group standards
Part 6A inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
96A: Purpose of Part
The purpose of this Part is to enable the Authority to issue, amend, and revoke standards (known as group standards) for groups of hazardous substances (whether these are subject to Part 5 Section 96A inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
96B: Group standards
1: The Authority may
a: identify the group of hazardous substances or products (described in subsection (2)) concerned; and
b: impose as conditions that apply to the identified group of hazardous substances or products any obligations and restrictions that the Authority thinks fit for the purpose of setting EPA controls.
2: A group standard may apply to 1 or more of the following hazardous substances or products:
a: a hazardous substance to which Part 5
b: a hazardous substance to which Parts 11 to 15
c: a hazardous substance to which a notice or regulation under Part 11 Part 5
d: a product (including, but not limited to, a manufactured article, a waste product, or a manufacturing by-product) that is, contains, incorporates, or includes a hazardous substance.
3: The Authority may
4: The Authority may issue, amend, or revoke group standards under this section—
a: on its own initiative; or
b: on application by any person.
5: The following instruments made under this section are secondary legislation ( see Part 3
a: a group standard:
b: an amendment to or a revocation of a group standard.
6: The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	make it available for inspection free of charge •	make it available for sale at a reasonable price •	publish it in a publication relevant to affected persons •	give public notice of where it can be inspected or purchased (see section 2 public notice The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 96B inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 96B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 96B(1)﻿(b) replaced 1 December 2017 section 34 Hazardous Substances and New Organisms Amendment Act 2015 Section 96B(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 96B(5) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 96B(6) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
96C: When group standards may be issued or amended
1: Before issuing or amending group standards under section 96B
a: in the case of any hazardous substance to which section 96B(2)﻿(a) Part 5
b: in the case of any hazardous substance to which section 96B(2)﻿(b)
c: in the case of any hazardous substance to which section 96B(2)﻿(c)
d: in the case of any product to which section 96B(2)﻿(d)
i: the benefits associated with a reduction of environmental and health risks outweigh the economic costs associated with complying with the group standard; and
ii: the issuing or amending (as the case may be) of group standards is the most efficient and effective way of managing the risks of all the products in the identified group, having considered matters including alternative methods of managing those risks; and
iii: the group standard is only applied to the extent that it is reasonably necessary to manage the risks of the products; and
e: where a group standard applies—
i: to 1 hazardous substance or product (described in section 96B(2)
ii: to more than 1 hazardous substance or product (described in section 96B(2)
f: consider the best international practices and standards for the safe management of hazardous substances and products (described in section 96B(2)
g: consider the types of EPA sections 77 77A 77B
h: comply with the requirements of section 53(1A)
2: Where the Authority proposes to issue, amend, or revoke group standards on its own initiative, sections 53 to 61
3: However, the Authority may, on its own initiative, amend a group standard under section 96B or section 53(1A) Section 96C inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 96C(1)﻿(g) amended 5 September 2015 section 35(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 96C(1)﻿(h) replaced 5 September 2015 section 35(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 96C(3) added 20 April 2010 section 23 Hazardous Substances and New Organisms Amendment Act 2010 Section 96C(3) amended 5 September 2015 section 35(3) Hazardous Substances and New Organisms Amendment Act 2015
96D: Revocation of group standards
1: Before revoking group standards under section 96B section 53(1A)
2: Sections 54 to 61 Section 96D inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 96D(1) amended 5 September 2015 section 36 Hazardous Substances and New Organisms Amendment Act 2015
96E: Effect of group standards
1: If a group standard applies to a hazardous substance or product, the substance or product must comply with the group standard.
2: However, in the case of a hazardous substance, if the hazardous substance also has an approval given under this Act, the substance may instead comply with the approval.
3: A hazardous substance to which section 96B(2)﻿(a) section 29 Section 96E inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
96F: Hazardous substances in group standards if Parts 11 to 15 apply
If Parts 11 to 15 section 96B
a: Parts 11 to 15
b: the hazardous substance is deemed to have been approved by the Authority on the date that the group standard comes into force. Section 96F inserted 22 December 2005 section 25 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
7: Inspection, enforcement, and ancillary powers
Inspection
97: Enforcement of Act
1: The following persons shall ensure the provisions of this Act (including any controls imposed on approvals granted under this Act)
a: WorkSafe must ensure that the provisions of this Act in respect of disposal and ecotoxic controls, and equivalent conditions in group standards issued under section 96B
b: WorkSafe must ensure that the provisions of this Act are enforced in, on, at, or around any distribution system, gas installation, or gas appliance:
c: the New Zealand Transport Agency or the Director of Land Transport rail vehicle
d: the Commissioner of Police (after consultation with the New Zealand Transport Agency or the Director of Land Transport rail vehicle
da: in relation to the retail sale of fireworks, the Commissioner of Police must ensure that any restrictions and prohibitions imposed under this Act are enforced:
e: the Director of the Civil Aviation Authority shall ensure that the provisions of this Act are enforced in or on any aircraft and that the provisions of this Act relating to the discharge of hazardous substances from an aircraft are enforced
f: the Director of Maritime New Zealand
g: the chief executive of the Ministry of Health shall ensure that the provisions of this Act are enforced where it is necessary to protect public health:
h: the chief executive of any territorial authority—
i: shall ensure that the provisions of this Act are enforced in or on any premises situated in the district of the territorial authority other than those premises specified in paragraphs (a) to (g):
ii: may enforce the provisions of this Act in or on those premises specified in paragraphs (a) to (g) where the territorial authority is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991
iii: shall ensure that the provisions of this Act are enforced in or on those premises specified in paragraphs (a) to (g), where the function, power, or duty is transferred to the territorial authority section 98
iv:
2: The chief executive of a regional council may—
a: enforce the provisions of this Act in or on those premises specified in subsection (1)﻿(a) to (g) if the regional council is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991
b: enforce the provisions of this Act in or on those premises specified in subsection (1)﻿(a) to (g) if the function, power, or duty is transferred to the regional council in accordance with section 98
3: The Authority must ensure that the following matters are enforced:
a: provisions of this Act in respect of classification controls and content controls, and equivalent conditions in group standards issued under section 96B
b: the requirement for a hazardous substance to have an approval before being imported or manufactured:
c: prohibitions relating to persistent organic pollutants and hazardous substances prohibited by regulations:
d: requirements imposed under any EPA notice made under section 76A
4: The Authority must ensure the provisions of this Act in respect of any regulations, EPA controls, and equivalent conditions in group standards issued under section 96B Section 97(1) amended 30 October 2003 section 44 Hazardous Substances and New Organisms Amendment Act 2003 Section 97(1)﻿(a) replaced 1 December 2017 section 37(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 97(1)﻿(b) replaced 16 December 2013 section 22 WorkSafe New Zealand Act 2013 Section 97(1)﻿(c) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 97(1)﻿(c) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 97(1)﻿(c) amended 20 July 2005 section 103(3) Railways Act 2005 Section 97(1)﻿(d) amended 1 April 2021 section 175(1) Land Transport (NZTA) Legislation Amendment Act 2020 Section 97(1)﻿(d) amended 1 August 2008 section 50(1) Land Transport Management Amendment Act 2008 Section 97(1)﻿(d) amended 20 July 2005 section 103(3) Railways Act 2005 Section 97(1)﻿(da) inserted 1 December 2017 section 37(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 97(1)﻿(e) amended 1 December 2017 section 37(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 97(1)﻿(e) amended 20 April 2010 section 24 Hazardous Substances and New Organisms Amendment Act 2010 Section 97(1)﻿(f) amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 97(1)﻿(h)﻿(iii) amended 22 December 2005 section 27(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 97(1)﻿(h)﻿(iv) repealed 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 97(2) added 22 December 2005 section 27(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 97(3) inserted 1 December 2017 section 37(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 97(4) inserted 1 December 2017 section 37(4) Hazardous Substances and New Organisms Amendment Act 2015
97A: Enforcement of Act in respect of new organisms
1: The enforcement agency must ensure that the provisions of this Act are enforced in respect of new organisms.
2: For the purpose of complying with subsection (1), the enforcement agency may appoint enforcement officers in accordance with this Act who may exercise also the powers of inspectors under the Biosecurity Act 1993
3: A person who may exercise powers under the Biosecurity Act 1993
4: Without limiting subsection (2), the provisions of the Biosecurity Act 1993 sections 162A 163 164
4A: The enforcement agency’s costs of enforcing this Act in respect of new organisms are to be treated as if they were costs of administering the Biosecurity Act 1993
a: may be recovered in accordance with section 135
b: may be funded by a levy imposed under section 137
c: may be prescribed, in regulations made under section 165(1)﻿(s)
5: In this section,— enforcement agency Biosecurity Act 1993 unwanted organism section 2(1) Section 97A inserted 30 October 2003 section 45 Hazardous Substances and New Organisms Amendment Act 2003 Section 97A(4A) inserted 20 April 2010 section 25 Hazardous Substances and New Organisms Amendment Act 2010
97AA: Border information supplied using JBMS must be supplied in approved form and manner
1: This section applies to a requirement by or under this Act to supply any border information to the Ministry (for example, to the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993
2: Any person who uses a JBMS section 41D 41H
a: for complying with the requirement by using the JBMS; and
b: for the time being generally approved in writing by the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993
3: The approved form and manner referred to in subsection (2)—
a: must be notified via an Internet site that is, so far as practicable, publicly available free of charge; and
b: may be set out in rules under section 325
4: Border information JBMS Ministry section 41A(1) Section 97AA inserted 24 June 2014 section 16 Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 97AA(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 97AA(3)﻿(b) replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
97AB: Duty to use JBMS to supply border information
1: This section applies to a requirement by or under this Act to supply any border information to the Ministry (for example, to the chief executive of the department of State responsible for the administration of the Biosecurity Act 1993
2: After the commencement of this section, the only ways in which a person can comply with the requirement are—
a: by using a JBMS
b: by using another means for the time being generally or specifically approved in writing by the responsible person.
3: Border information JBMS Ministry section 41A(1) responsible person sections 97 to 97B Section 97AB inserted 1 July 2016 section 18(4) Biosecurity (Border Processing—Trade Single Window) Amendment Act 2014 Section 97AB(2)﻿(a) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
97B: Enforcement of Act in respect of hazardous substances in workplace
An inspector appointed under section 163 Section 97B replaced 1 December 2017 section 38 Hazardous Substances and New Organisms Amendment Act 2015
97C: Sharing of information between Authority and enforcement agencies
1: Subject to any enactment,—
a: the Authority may provide an enforcement agency with any information, or a copy of any document, that it—
i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to this Act; and
ii: considers may assist the enforcement agency in the performance or exercise of the enforcement agency's functions, duties, or powers under or in relation to any enactment; and
b: an enforcement agency may provide the Authority with any information, or a copy of any document, that it—
i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and
ii: considers may assist the Authority in the performance or exercise of its functions, duties, or powers under or in relation to this Act.
2: If subsection (1)﻿(a) or (b) applies, the Authority or enforcement agency (as the case may be) may impose conditions that it thinks fit relating to the provision of the information or document, including conditions relating to—
a: the storage and use of, or access to, anything provided:
b: the copying, returning, or disposing of copies of any documents provided.
3: In this section, enforcement agency section 97
4: Nothing in this section limits the Privacy Act 2020
5: This section applies despite anything to the contrary in any contract, deed, or document. Section 97C inserted 1 December 2017 section 39 Hazardous Substances and New Organisms Amendment Act 2015 Section 97C(4) amended 1 December 2020 section 217 Privacy Act 2020
98: Co-ordination of inspection
1: Any person specified in section 97 section 97A
a: appoint enforcement officers in accordance with section 100
b: transfer the power to enforce the provisions of this Act in their area in accordance with subsections (2) to (7).
2: Any person who appoints any enforcement officers in accordance with subsection (1) shall, each year, no later than 1 month before the commencement of the Authority's financial year, notify the Authority of the premises where that person will appoint enforcement officers in accordance with section 100
3: Any person who has functions, powers, or duties under section 97 section 97A
4:
5: A person may not transfer any function, power, or duty under this section unless—
a: the person has first—
i: notified the Authority in accordance with subsection (2); and
ii: notified the Authority where that person proposes to transfer the function to enforce the provisions of this Act to another person; and
iii: has received the approval of the Authority to the transfer in the case of a transfer between territorial authorities or the approval of the relevant Ministers to the transfer in the case of a transfer between other persons; and
b: both persons agree that the transfer is desirable on any of the following grounds:
i: to ensure sufficient enforcement of this Act and to ensure that there is not unnecessary duplication of enforcement:
ii: efficiency:
iii: technical or special capability or expertise.
6: A transfer of functions, powers, or duties under this section shall be made by agreement between the authorities concerned and on such terms and conditions as are agreed.
7: A person to whom any function, power, or duty is transferred under this section may accept such transfer unless expressly forbidden to do so by the terms of any Act by or under which that person is appointed; and upon any such transfer, that person's functions, powers, and duties shall be deemed to be extended in such manner as may be necessary to enable the person to undertake, exercise, and perform the function, power, or duty.
8: Any transfer of any function, power, or duty under this section may be changed or revoked at any time by agreement between the transferee and transferor and upon notice to the Authority. Section 98(1) amended 30 October 2003 section 46 Hazardous Substances and New Organisms Amendment Act 2003 Section 98(3) amended 30 October 2003 section 46 Hazardous Substances and New Organisms Amendment Act 2003 Section 98(4) repealed 2 July 2001 section 32 Hazardous Substances and New Organisms Amendment Act 2000
98A: Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers
1: For the purposes of this Act, a chief executive has the same functions, powers, duties, and protections that enforcement officers have under this Act.
2: In subsection (1), chief executive
a: the chief executive of the department of State responsible for the administration of this Act:
b: the chief executive of the Authority. Section 98A inserted 30 October 2003 section 47 Hazardous Substances and New Organisms Amendment Act 2003
99: Supervision of inspection
1: The Authority shall ensure that the provisions of this Act are enforced in all premises likely to contain a hazardous substance or new organism and shall advise the persons specified in section 97 section 97A
2: The Authority shall record all notifications made by persons in accordance with section 98
3: The Authority may from time to time, as the Authority thinks fit,—
a: appoint enforcement officers to enforce the provisions of this Act in such premises as the Authority thinks fit:
b: authorise the chief executive of—
i: any department defined in section 5
ii: any Crown entity
iii: any local authority— to appoint enforcement officers to enforce the provisions of this Act in or on any premises specified by the Authority.
4: In this section, hazardous substance gases under pressure Section 99(1) amended 30 October 2003 section 48 Hazardous Substances and New Organisms Amendment Act 2003 Section 99(3)﻿(b)﻿(i) amended 7 August 2020 section 135 Public Service Act 2020 Section 99(3)﻿(b)﻿(ii) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004 Section 99(4) added 24 March 2004 section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 99(4) amended 1 December 2017 section 40 Hazardous Substances and New Organisms Amendment Act 2015
100: Appointment of enforcement officers
1: No person shall be appointed as an enforcement officer unless that person has the prescribed qualifications to carry out the powers, functions, and duties specified in the officer's warrant of appointment.
2: Any person who appoints any person other than an employee as an enforcement officer shall remain liable in every respect for the actions of that officer, while he or she is acting as such, as if that person were an employee of the appointer.
3: Every person who appoints an enforcement officer shall supply each officer with a warrant specifying the functions that the officer may carry out, and any such warrant may at any time be revoked by the person who issued it or by any successor in office of that person.
4: Where the chief executive of a territorial authority appoints an enforcement officer in accordance with this section, the chief executive may designate that officer as a district hazardous substances officer.
101: Duty of territorial authorities
1: If the Minister considers that any territorial authority is not exercising or performing any of its functions, powers, or duties under this Act to the extent that the Minister considers necessary to achieve the purposes of this Act, the Minister shall consult with the Minister of Local Government and may appoint, on such terms and conditions as the Minister thinks fit, the Authority to exercise or perform all or any of those functions, powers, or duties in place of the territorial authority.
2: Before making any appointment under subsection (1), the Minister shall give the territorial authority at least 20 working days' notice in writing of the Minister's intention to do so, specifying the reasons why the Minister considers such an appointment is necessary.
3: The notice shall invite the territorial authority to give to the Minister, within such period (being not less than 20 working days after the date of the notice) as may be specified in the notice, such written comments as the territorial authority wishes to make about any steps that the territorial authority is taking, or is intending to take, that may obviate the need for an appointment, and the Minister shall consider those comments and the need for making an appointment before making an appointment.
4: The Authority, if appointed under subsection (1) to exercise or perform the functions, powers, or duties of a territorial authority under this Act, may do so as if it were the territorial authority; and the provisions of this Act shall apply accordingly.
5: All costs, charges, and expenses incurred by the Authority for the purposes of this section, in exercising or performing any functions, powers, or duties of a territorial authority under this Act, shall be recoverable from the territorial authority as a debt due to the Authority or may be deducted from any money payable to the territorial authority by the Authority.
6: In making any such appointment, the Minister shall specify the period for which the appointment is made, and it may from time to time be renewed.
7: Any appointment of the Authority under this section may be revoked at any time by the Minister.
8: In determining whether any appointment under this section should be renewed or whether a new appointment should be made, the Minister shall consider whether the territorial authority is capable of exercising its powers, functions, and duties under this Act, and, if the Minister considers the territorial authority is so capable, the territorial authority shall be directed by the Minister to resume those powers, functions, and duties.
102: Building Act 2004
1: Where an enforcement officer believes that any building or building work Building Act 2004 building work
2: For the purposes of this section, the terms building building work territorial authority Building Act 2004 Section 102 heading substituted 31 March 2005 section 414 Building Act 2004 Section 102(1) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 102(1) amended 31 March 2005 section 414 Building Act 2004 Section 102(2) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 102(2) amended 31 March 2005 section 414 Building Act 2004
103: Powers of entry for inspection
relating to new organisms
1: Any enforcement officer may, at any reasonable time,—
a: go on, into, under, and over any premises (excluding dwellings)
b: with the consent of the occupier, go on, into, under, and over a dwelling— for the purpose of inspection to—
c: monitor compliance with the conditions or controls on any
d: determine the nature of any
e: determine whether or not any person is complying with a compliance order.
2: For the purposes of subsection (1), an enforcement officer may—
a: take samples of water, air, soil, any substance, or any organism; and
b: open containers or packages (including secured or sealed containers or packages) to inspect the contents; and
c: take photographs and measurements and make sketches and recordings; and
d: take or remove any thing for analysis or testing; and
e: conduct examinations, tests, inquiries, demonstrations, and inspections; and
ea: require that any place or thing specified by the enforcement officer is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and
eb: require the making of statements by the person in charge of the premises, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; and
f: require the production of any documents relevant to the purpose of the inspection; and
g: take copies of the documents or information or extracts from those documents or information.
3: Where any enforcement officer has taken any thing in accordance with subsection (2)﻿(d), the enforcement officer shall give the occupier of the premises written notice of the things that have been taken, the reason for taking the things, and where the things will be kept.
4: Within 5 working days of removing the thing the enforcement officer shall give the person in charge of the premises written notice stating—
a: whether or not the thing will be returned or destroyed; and
b: either—
i: the time and date of the return of the thing to the premises; or
ii: the results of the analysis of the thing and why it is being destroyed.
5: Every enforcement officer exercising any of the powers conferred under this section shall, at the time of exercising that power, and thereafter on request, produce—
a: evidence of that person's appointment as an enforcement officer; and
b: evidence of that person's identity.
6: An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection.
7: Nothing in this section shall limit or affect the privilege against self-incrimination. Section 103 heading amended 1 December 2017 section 41(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 103(1)﻿(a) amended 31 December 2000 section 33(1) Hazardous Substances and New Organisms Amendment Act 2000 Section 103(1)﻿(c) amended 1 December 2017 section 41(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 103(1)﻿(c) amended 30 October 2003 section 49 Hazardous Substances and New Organisms Amendment Act 2003 Section 103(1)﻿(d) amended 1 December 2017 section 41(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 103(2)﻿(c) substituted 31 December 2000 section 33(2) Hazardous Substances and New Organisms Amendment Act 2000 Section 103(2)﻿(ea) inserted 31 December 2000 section 33(3) Hazardous Substances and New Organisms Amendment Act 2000 Section 103(2)﻿(eb) inserted 31 December 2000 section 33(3) Hazardous Substances and New Organisms Amendment Act 2000 Section 103(6) substituted 31 December 2000 section 33(4) Hazardous Substances and New Organisms Amendment Act 2000
103A: Powers of entry for inspection relating to hazardous substances
1: Any enforcement officer may, at any reasonable time, for the purposes referred to in subsection (2),—
a: go on, into, under, and over any premises (excluding dwellings); or
b: with the consent of the occupier, go on, into, under, and over a dwelling.
2: The purposes concerned are to—
a: monitor or enforce compliance with this Act and any conditions, controls, or requirements on any hazardous substance; or
b: determine the nature of any hazardous substance; or
c: determine whether or not any person is complying with a compliance order.
3: For the purposes of this section, an enforcement officer may—
a: take samples of water, air, soil, any substance, or any organism; and
b: open containers or packages (including secured or sealed containers or packages) to inspect the contents; and
c: take photographs and measurements and make sketches and recordings; and
d: take or remove any thing for analysis or testing; and
e: conduct examinations, tests, inquiries, demonstrations, and inspections; and
f: require that any place or thing specified by the enforcement officer is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and
g: require any person in charge of relevant premises to—
i: make statements, in any form or manner specified by the enforcement officer, about conditions, material, or equipment relevant to the purpose of the inspection; or
ii: produce information relevant to the purpose of the inspection, and take copies of the information or extracts from the information.
4: An enforcement officer may do any of the things referred to in subsection (3) whether or not—
a: the enforcement officer or the person whom the enforcement officer is dealing with has gone on, into, under, or over premises or a dwelling described in subsection (1)﻿(a) or (b); or
b: in respect of any information, the information is—
i: on premises or in a dwelling that is described in subsection (1)﻿(a) or (b); or
ii: in the place where the enforcement officer is; or
iii: in another place.
5: If any enforcement officer has taken any thing in accordance with subsection (3)﻿(d), the enforcement officer must give the occupier of the premises written notice of the things that have been taken, the reason for taking the things, and where the things will be kept.
6: Within 5 working days of removing a thing, the enforcement officer must give the person in charge of the premises written notice stating—
a: whether or not the thing will be returned or destroyed; and
b: either—
i: the time and date of the return of the thing to the premises; or
ii: the results of the analysis of the thing and why it is being destroyed.
7: Every enforcement officer exercising any of the powers conferred under this section must, at the time of exercising that power, and after that on request, produce—
a: evidence of that person's appointment as an enforcement officer; and
b: evidence of that person's identity.
8: An enforcement officer may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection.
9: Nothing in this section limits or affects the privilege against self-incrimination.
10: In this section,— information relevant premises Section 103A inserted 1 December 2017 section 42 Hazardous Substances and New Organisms Amendment Act 2015 Compliance orders
104: Scope of compliance order
1: A compliance order may be served on any person by an enforcement officer—
a: requiring that person to cease, or prohibiting that person from commencing, anything done or to be done by or on behalf of that person that, in the opinion of the enforcement officer,—
i: contravenes or is likely to contravene this Act, any regulations, any EPA notice,
ii: relates to any hazardous substance or new organism and is or is likely to be dangerous, to such an extent that it has or is likely to have an adverse effect on the health and safety of people or the environment; or
b: requiring that person to do something that, in the opinion of the enforcement officer, is necessary to ensure that person complies with this Act, any regulations, any EPA notice, or any any regulations, any EPA notice, or
i: caused by or on behalf of the person; or
ii: relating to any land of which the person is the owner or occupier.
2: A compliance order may be made subject to such conditions as are reasonable in the circumstances. Section 104(1)﻿(a)﻿(i) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 104(1)﻿(b) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015
105: Compliance with compliance order
Subject to the rights of appeal in section 125
a: comply with the order within the period specified in the order; and
b: unless the order directs otherwise, pay all the costs and expenses of complying with the order.
106: Form and content of compliance order
1: Every compliance order shall be in the prescribed form and shall state—
a: the name of the person to whom it is addressed; and
b: the reasons for the order; and
c: the action required to be taken or ceased or not undertaken; and
d: the period within which the action shall be taken or cease
e: the consequences of either not complying with the order or lodging a notice of appeal; and
f: the rights of appeal under section 125
g: the name and address of the agency whose enforcement officer served the order.
2: The period referred to in subsection (1)﻿(d) must—
a: commence at the time the compliance order
b: be reasonable, having regard to the circumstances giving rise to the compliance order. Section 106(1)﻿(d) amended 30 October 2003 section 50(1) Hazardous Substances and New Organisms Amendment Act 2003 Section 106(1)﻿(f) amended 30 October 2003 section 50(2) Hazardous Substances and New Organisms Amendment Act 2003 Section 106(2) added 30 October 2003 section 50(3) Hazardous Substances and New Organisms Amendment Act 2003 Section 106(2)﻿(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015
107: Service of compliance order
1: Where a compliance order is to be served on a person, it may be served—
a: by delivering it personally to the person (other than a Minister of the Crown); or
b: by delivering it at the usual or last known place of residence or business of the person by any means, including by facsimile; or
c: by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of that person.
2: Where a notice or other document is to be served on a body (whether incorporated or not) for the purposes of this Act, service on an officer of the body, or on the registered office of the body, in accordance with subsection (1) shall be deemed to be service on the body.
3: Where a notice or other document is to be served on a partnership for the purposes of this Act, service on any one of the partners in accordance with subsection (1) shall be deemed to be service on the partnership.
4: Where a notice or other document is sent by post to a person in accordance with subsection (1)﻿(c), it shall be deemed, in the absence of proof to the contrary, to be received by the person at the time at which the letter would have been delivered in the ordinary course of the post.
108: Cancellation of compliance order
1: For the purposes of this section, relevant person
2: Where a relevant person considers that a compliance order is no longer required, the relevant person may cancel the order at any time except where the order is subject to appeal under section 125
3: Where any relevant person delegates his or her power under this section, no person to whom the powers are delegated shall consider any application made under subsection (6), in respect of any compliance order which he or she has issued.
4: The chief executive of a territorial authority may delegate any of his or her powers, functions, or duties under this section.
5: The relevant person shall give written notice of a decision under subsection (2) to cancel a compliance order to any person subject to the order.
6: Any person who is directly affected by a compliance order may apply in writing to the relevant person to change or cancel the order.
7: The relevant person shall, as soon as practicable, consider the application, having regard to the purpose for which the compliance order was given, the effect of a change or cancellation on that purpose, and any other matter the relevant person thinks fit; and the relevant person may confirm, change, or cancel the order.
8: The relevant person shall give written notice of the decision to the person who applied under subsection (6).
9: Where the relevant person, after considering an application made under subsection (6) by a person who is directly affected by a compliance order, confirms the order or changes it in a way other than that sought by that person, that person may appeal to the District Court in accordance with section 125(3)
10: A compliance order may not be cancelled where the District Court has confirmed the order. Enforcement
109: Offences
1: Every person commits an offence against this Act who—
a: imports or
aa: imports, manufactures, uses, or stores a persistent organic pollutant in contravention of this Act; or
b: develops or field tests
c: knowingly imports or releases a new organism in contravention of this Act; or
d: knowingly, recklessly, or negligently—
i: manufactures, imports, develops, uses, or disposes of any hazardous substance or new organism where any approval is suspended in accordance with section 64
ii: possesses or disposes of any hazardous substance or new organism imported, manufactured, developed, or released in contravention of this Act; or
da: fails to comply with any requirements in an EPA notice made under section 76A(d) or (f)
e: fails to comply with—
i: any controls imposed by an approval relating to a new organism granted under this Act; or
ii: any EPA controls imposed by an approval relating to a hazardous substance granted under this Act; or
iii: any controls specified in any regulations relating to a new organism; or
iv: any prohibition specified in any regulations; or
v: any controls specified in any regulations or an EPA notice relating to a hazardous substance; or
vi: any requirement to obtain a certificate specified in any regulations or an EPA notice; or
vii: any restriction imposed on the use of a hazardous substance under section 64A
ea: fails to comply with a condition on a permission granted under section 95A
eb: fails to comply with a condition imposed under section 96B(1)﻿(b) or products
f: fails to comply with any compliance order served under section 107
g: fails to comply with any of the requirements of section 124
h: fails without any lawful justification or excuse to obtain any transferable permit when required to do so by any Order in Council in force under this Act; or
i: being a manufacturer, developer, or importer of any hazardous substance or new organism knowingly fails to report any significant new information of any adverse effect of that hazardous substance or new organism; or
j: knowingly personates any enforcement officer; or
k: wilfully obstructs any enforcement officer in the course of his or her duties; or
l: falsely informs a person that an emergency exists where that person knows the information to be false; or
m: knowingly labels any package or container in such a manner that the label could in an emergency wrongly indicate the presence of hazardous substances to an enforcement officer, an employee, volunteer, or contractor of Fire and Emergency New Zealand constable
2: Section 109(1)﻿(a) amended 1 December 2017 section 43(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)﻿(aa) inserted 23 December 2004 section 12 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 109(1)﻿(b) amended 7 May 1999 section 9 Hazardous Substances and New Organisms Amendment Act 1999 Section 109(1)﻿(da) inserted 5 September 2015 section 43(2) Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)﻿(e) replaced 1 December 2017 section 43(3) Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)﻿(e)﻿(vii) inserted 1 November 2022 section 28 Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 109(1)﻿(ea) inserted 24 March 2004 section 7 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 109(1)﻿(ea) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)﻿(eb) inserted 22 December 2005 section 29 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 109(1)﻿(eb) amended 1 December 2017 section 43(4) Hazardous Substances and New Organisms Amendment Act 2015 Section 109(1)﻿(m) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 109(1)﻿(m) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 109(2) repealed 20 April 2010 section 27 Hazardous Substances and New Organisms Amendment Act 2010
109A: Time for filing charging document
1: The limitation period in respect of an offence against this Act that relates to a hazardous substance ends on the date that is 6 months after the earlier of—
a: the date when the incident, situation, or set of circumstances to which the offence relates first became known to the person by whom the proceedings are commenced; or
b: the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to the person.
2: The limitation period in respect of an offence against this Act that relates to a new organism ends on the date that is 2 years after the date on which the offence was committed.
3: Subsection (1) is subject to section 109B Section 109A replaced 1 July 2013 section 413 Criminal Procedure Act 2011
109B: Extension of time for
filing charging document
1: The District Court may, on application by any person, extend the time for the person to file a charging document section 109A(1)
2: The application must be made within the 6-month period that applies to the person under section 109A(1)
3: The court must not grant an extension unless it is satisfied that—
a: the person reasonably requires longer than the 6-month period to decide whether to file a charging document
b: the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time-consuming; and
c: it is in the public interest in the circumstances that a charging document is able to be filed
d: filing the charging document
4: The court must give the following persons an opportunity to be heard:
a: the person seeking the extension:
b: the proposed defendant. Section 109B inserted 20 April 2010 section 28 Hazardous Substances and New Organisms Amendment Act 2010 Section 109B heading amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 109B(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 109B(3)﻿(a) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 109B(3)﻿(c) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 109B(3)﻿(d) amended 1 July 2013 section 413 Criminal Procedure Act 2011
110: Infringement offences
In sections 111 to 113 infringement fee section 140 infringement offence section 140 Section 110 infringement fee amended 7 May 1999 section 15(d) Hazardous Substances and New Organisms Amendment Act 1999 Section 110 infringement offence amended 7 May 1999 section 15(d) Hazardous Substances and New Organisms Amendment Act 1999
111: Commission of infringement offence
1: Where any person is alleged to have committed an infringement offence, that person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided for in section 112
2: Proceedings commenced in the way described in subsection (1)﻿(a) do not require the leave of a District Court Judge or Registrar under section 21(1)﻿(a) Section 111(1)﻿(a) replaced 1 July 2013 section 413 Criminal Procedure Act 2011 Section 111(2) inserted 1 December 2017 section 44 Hazardous Substances and New Organisms Amendment Act 2015
112: Infringement notices
1: Where an enforcement officer observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice may be issued in respect of that offence.
2: Any enforcement officer (not necessarily the officer who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person's last known place of residence or business; and in that case
3: Every infringement notice shall be in the prescribed form and shall contain the following particulars:
a: such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee specified for that offence; and
c: the address at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has the right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: such other particulars as are prescribed.
4: Where an infringement notice has been issued under this section, proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 Section 112(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
113: Entitlement to infringement fees
1: A territorial authority shall be entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer employed by that authority.
2: A regional council is entitled to retain all infringement fees received by it in respect of infringement offences where the infringement notice was issued by an enforcement officer employed by that council.
3: Except as provided in subsections (1) and (2), all infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. Section 113(2) inserted 1 December 2017 section 45 Hazardous Substances and New Organisms Amendment Act 2015 Section 113(3) inserted 1 December 2017 section 45 Hazardous Substances and New Organisms Amendment Act 2015
114: Penalties
1: Every person who commits an offence against paragraph (a) or paragraph (aa) paragraph (da) or paragraph (e)﻿(i) to (vi) or paragraph (ea) or paragraph (eb) section 109(1)
1A: Every person who commits an offence against section 109(1)﻿(e)﻿(vii)
a: in the case of a natural person, to a fine not exceeding $50,000:
b: in the case of a person other than a natural person, to a fine not exceeding $100,000.
2: Every person who commits an offence against paragraph (f) or paragraph (g) or paragraph (h) or paragraph (i) of section 109(1) section 156(1)
3: Every person who commits an offence against paragraph (j) or paragraph (k) or paragraph (l) or paragraph (m) of section 109(1)
4: Where any person is convicted of an offence against section 109
5: Where any person is convicted of an offence against section 109
a: caused by or on behalf of the person; or
b: relating to any land of which the person is the owner or occupier— or to pay the costs of doing so.
6: Where any person is convicted of an offence against section 109
6A: To avoid doubt, the court may make an order under either or both of subsection (5) and subsection (6) against the same person in respect of the same offence.
7: The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence. Section 114(1) amended 1 November 2022 section 29(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 114(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 114(1) amended 22 December 2005 section 30 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 114(1) amended 23 December 2004 section 13 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 114(1) amended 24 March 2004 section 8 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 Section 114(1A) inserted 1 November 2022 section 29(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 114(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 114(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 114(6A) inserted 30 October 2003 section 51 Hazardous Substances and New Organisms Amendment Act 2003
115: Liability of employers and principals
1: Subject to subsection (3), where any offence is committed against this Act by a person as the employee of another person, that offence shall, for the purposes of this Act, be treated as committed by that other person as well as by the first-mentioned person, whether or not it was done with that other person's knowledge or approval.
2: Where any offence is committed against this Act by a person acting as the agent of another person, that offence shall, for the purposes of this Act, be treated as committed by the principal unless it is done without the principal's express or implied authority.
3: In any proceedings (being proceedings for an offence against this Act or regulations) against any person in respect of any offence alleged to have been committed against this Act by an employee of that person, it shall be a defence for that person to prove—
a: that—
i: he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or
ii: he or she took such steps as were reasonably practicable to prevent the commission of the offence; and
b: that he or she took such steps as were reasonable in all the circumstances to remedy any effects of the act or omission giving rise to the offence.
116: Liability of directors and officers of bodies corporate
Where any body corporate is convicted of an offence against this Act, every director and every person concerned in the management of the body corporate shall be guilty of the like offence if it is proved—
a: that the act that constituted the offence took place with his or her authority, permission, or consent; and
b: that he or she knew or could reasonably be expected to have known that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
117: Strict liability and defences
1: In any prosecution for an offence specified in paragraph (a) or paragraph (aa) or paragraph (eb) section 109(1)
2: It is a defence to prosecution of the kind referred to in subsection (1) if the defendant proves—
a: that—
i: the action or event to which the prosecution relates was necessary for the purposes of saving or protecting life or health, or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or
b: that the action or event to which the prosecution relates was due to an event beyond the control of the defendant, including natural disaster, mechanical failure, or sabotage, and in each case—
i: the action or event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred; or
c: that the action or event to which the prosecution related was within the defendant's control; but—
i: the defendant had taken all reasonable steps to prevent the action or event; and
ii: the defendant took such steps as were reasonable in all the circumstances to mitigate or remedy the effects of the action or event after it occurred.
3: It is a defence to prosecution for any offence specified in section 109(1)﻿(e)﻿(ii) or (iii)
a: complied with any code of practice approved under section 79 (and published under the Legislation Act 2019
b: was the holder of any current section 82 unless the defendant had reason to believe that the code of practice
4: Section 117(1) amended 22 December 2005 section 31 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 117(1) amended 23 December 2004 section 14 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 117(3) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 117(3) amended 7 May 1999 section 10 Hazardous Substances and New Organisms Amendment Act 1999 Section 117(3)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 117(3)﻿(b) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 117(4) repealed 1 December 2017 section 46 Hazardous Substances and New Organisms Amendment Act 2015
118: Fines to be paid to territorial authority instituting prosecution
1: Subject to subsection (2), where a person is convicted of an offence under section 109 charging document for that offence was filed
2: There shall be deducted from every amount payable to a territorial authority under subsection (1), a sum equal to 10% thereof, and that sum shall be credited to a Crown Bank Account
3: Notwithstanding anything in subsection (2), where any money awarded by a court in respect of any loss or damage is recovered as a fine, and that fine is ordered to be paid to a territorial authority under subsection (1), no deduction shall be made under subsection (2) in respect of that money.
4: Subject to subsection (2), an order of the court made under subsection (1) shall be sufficient authority for the Registrar receiving the fine to pay that fine to the territorial authority entitled to it under the order.
5: Nothing in section 73 Section 118(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 118(2) amended 25 January 2005 section 65R(3) Public Finance Act 1989
119: Search warrants
1: Any issuing officer (within the meaning of section 3 2012 subpart 3
a: any substance or organism that has been imported, manufactured, developed, supplied,
b: any documents or other records which there are reasonable grounds to believe may be evidence of the commission of any offence under this Act to which paragraph (a) applies,— may issue a search warrant
2: Every search warrant shall be directed either to a constable constable constable
3: Subject to subsection (4) Part 4 2012
4: Despite subsection (3) sections 118 119 2012
5:
6:
7:
8: Section 119(1) amended 1 October 2012 section 255(2)﻿(a) Search and Surveillance Act 2012 Section 119(1) amended 1 October 2012 section 255(2)﻿(b) Search and Surveillance Act 2012 Section 119(1)﻿(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 119(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 119(3) replaced 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(4) replaced 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(5) repealed 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(6) repealed 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(7) repealed 1 October 2012 section 255(3) Search and Surveillance Act 2012 Section 119(8) repealed 1 October 2012 section 255(3) Search and Surveillance Act 2012
120: Dealing with property seized by enforcement officers
Section 120 repealed 1 October 2012 section 255(4) Search and Surveillance Act 2012
121: Application of Customs and Excise Act 2018 to hazardous substance imported in breach of this Act
A hazardous substance that is being, or has been, imported in breach of this Act is a prohibited import under section 96 sections 388 389 Section 121 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018
122: Power to require hazardous substance to leave New Zealand
1: If a Customs officer has reasonable cause to believe that a hazardous substance is being, or has been, imported in breach of this Act, the Customs officer may,—
a: in the case of a hazardous substance that is being imported in breach of this Act, direct that the importer of the hazardous substance cause the hazardous substance to remain on the ship or aircraft and leave New Zealand at the importer's own cost and in accordance with the directions of the Customs officer; or
b: in the case of a hazardous substance that has been imported in breach of this Act and has been unloaded from a ship or aircraft, direct that the importer of the hazardous substance cause the hazardous substance to leave New Zealand at the importer's own cost and in accordance with the directions of the Customs officer.
2: Subsection (1)﻿(b) applies only to hazardous substances that are goods that are subject to the control of Customs in accordance with section 6
3: In this section,— cost importer section 5(1) Section 122 substituted 22 December 2005 section 33 Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 122(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 122(3) importer amended 1 October 2018 section 443(3) Customs and Excise Act 2018
123: Declaration that organism not genetically modified
Any inspector (as defined in section 2(1)
124: Responsibilities of carrier and person in charge of any craft
1: For the purposes of this Act, the carrier and the person in charge of any craft that berths, lands, or otherwise arrives in New Zealand from another country, or that is to so berth, land, or arrive, shall—
a: ensure that any documentation, required by regulations or any EPA notice
b: on arrival of the craft at a Customs place
2: The carrier and the person in charge of a craft leaving New Zealand shall—
a: provide transportation from New Zealand, at the cost in respects of the carrier, of any hazardous substance on board the craft, or any other craft operated by the carrier when it arrived in New Zealand, which was not accompanied by the documentation required by regulations or any EPA notice
b: in respect of any hazardous substance for which the carrier is obliged to provide transportation or the cost of transportation under paragraph (a), to pay all the costs (if any) incurred by the Crown in holding that substance before the removal of that substance from New Zealand. Section 124(1)﻿(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 124(1)﻿(b) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 124(2)﻿(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015
7A: Pecuniary penalties and civil liability for breaches relating to new organisms
Part 7A inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003
124A: Interpretation
In this Part, unless the context otherwise requires,— court enforcement agency Biosecurity Act 1993 Section 124A inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Pecuniary penalties Heading inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003
124B: Pecuniary penalty order
1: The enforcement agency may apply to the court for an order that a person pay to the Crown a pecuniary penalty under this Act.
2: The court may make the order if it is satisfied that the person—
a: developed, field tested, imported, or released a new organism in breach of this Act; or
b: possessed or disposed of any new organism imported,
c: failed to comply with any controls relating to a new organism—
i: imposed by any approval granted under this Act; or
ii: specified in regulations made under this Act.
3: The court must not make the order if the person satisfies the court that the person did not know, and could not reasonably have known, of the breach. Section 124B inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Section 124B(2)﻿(b) amended 20 September 2007 section 6 Hazardous Substances and New Organisms Amendment Act 2007
124C: Amount of pecuniary penalty
1: The court must not make an order for the payment of a pecuniary penalty that exceeds,—
a: in the case of an individual, $500,000; or
b: in the case of a body corporate, the greater of—
i: $10,000,000; or
ii: if it can be readily ascertained and if the court is satisfied that the contravention occurred in the course of producing a commercial gain, 3 times the value of any commercial gain resulting from the contravention; or
iii: if the commercial gain cannot be readily ascertained, 10% of the turnover of the body corporate and all of its interconnected bodies corporate (if any).
2: In determining an appropriate penalty under this section, the court must have regard to all relevant matters, including—
a: the nature and extent of the breach:
b: the nature and extent of any loss or damage suffered by any person or to the environment as a result of the breach:
c: the circumstances in which the breach took place:
d: whether or not the person has previously been found in proceedings under this Act to have engaged in any similar conduct:
e: the steps taken by the person to bring the breach to the attention of the enforcement agency:
f: the steps taken by the person to avoid, remedy, or mitigate the effects of the breach.
3: In this section, interconnected turnover Commerce Act 1986 Section 124C inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003
124D: Other orders instead of or in addition to pecuniary penalty order
1: At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B
a: an order that the person mitigate or remedy any adverse effects on people or the environment—
i: caused by or on behalf of the person; or
ii: relating to any land that the person owns or occupies; or
b: an order to pay the costs of mitigating or remedying the adverse effects specified in paragraph (a).
2: At the conclusion of proceedings for an order for the payment of a pecuniary penalty under section 124B
3: To avoid doubt, the court may make an order under either or both of subsections (1) and (2) against the same person in respect of the same breach. Section 124D inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003
124E: Standard of proof and procedural matters
In proceedings for an order under section 124B
a: the standard of proof is the standard of proof that applies in civil proceedings; and
b: the enforcement agency may, by order of the court, obtain discovery and administer interrogatories. Section 124E inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003
124F: Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings
1: Criminal proceedings under this Act may be started against a person whether or not proceedings for an order under section 124B
2: Uncompleted proceedings for an order under section 124B Section 124F inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Civil liability for acts and omissions while in breach Heading inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003
124G: Civil liability
1: A person is liable in damages for any loss or damage caused by any act or omission of the person while—
a: developing, field testing, importing, or releasing a new organism in breach of this Act; or
b: possessing or disposing of any new organism imported,
c: failing to comply with any controls relating to a new organism—
i: imposed by any approval granted under this Act; or
ii: specified in any regulations made under this Act.
2: A person is liable under subsection (1) whether or not—
a: the person intended the act, omission, or breach; or
b: the person was taking reasonable care when the act, omission, or breach occurred.
3: To avoid doubt, proceedings under this section are in addition to, and not in substitution for, any other cause of action. Section 124G inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Section 124G(1)﻿(b) amended 20 September 2007 section 7 Hazardous Substances and New Organisms Amendment Act 2007
124H: Defences to liability under section 124G
1: A person is not liable under section 124G
2: The defences are—
a: that—
i: the breach was necessary for the purpose of—
A: saving or protecting life or health; or
B: preventing serious damage to property; or
C: avoiding an actual or likely adverse effect on the environment; and
ii: the conduct of the defendant was reasonable in the circumstances; and
iii: the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after it occurred; or
b: that the breach was due to an event beyond the control of the defendant (including natural disaster, mechanical failure, or sabotage) and—
i: the event could not reasonably have been foreseen or been provided against by the defendant; and
ii: the defendant took steps that were reasonable in all the circumstances to mitigate or remedy the effects of the breach after the event occurred; or
c: that the defendant did not know, and could not reasonably have known, of the breach. Section 124H inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003 Liability for acts and omissions of others Heading inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003
124I: Breaches, acts, and omissions by directors, employees, or agents
1: This section applies for the purposes of sections 124B 124G
2: A body corporate is to be treated as in breach of this Act or as having done or omitted to do an act if—
a: a director, employee, or agent of the body corporate, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or
b: any other person, at the direction or with the consent or agreement (whether express or implied) of a director, employee, or agent of the body corporate, given within the scope of the actual or apparent authority of the director, employee, or agent, is in breach of this Act or has done or omitted to do an act.
3: A person ( person A
a: an employee or agent of person A, acting within the scope of his or her actual or apparent authority, is in breach of this Act or has done or omitted to do an act; or
b: any other person, at the direction or with the consent or agreement (whether express or implied) of an employee or agent of person A, given within the scope of the actual or apparent authority of the employee or agent, is in breach of this Act or has done or omitted to do an act.
4: If a person in breach of this Act has a defence to the breach under section 124H
5: However, the defence under section 124H(2)﻿(c)
6: If the court is prevented by section 124B(3) Section 124I inserted 30 October 2003 section 52 Hazardous Substances and New Organisms Amendment Act 2003
8: Appeals
125: Appeals
1: In any case where the Authority—
a: issues a transferable permit entitling the holder to import or manufacture less substance than the holder claimed to be entitled to import or manufacture; or
b: declines any application for a transferable permit; or
c: revokes any transferable permit; or
d: imposes any charge on any person to recover costs in accordance with section 21
da: revokes a section 82C
e:
f:
g:
h:
i: declines any application under section 51 any person directly affected may appeal against that decision to the District Court.
1A: A person may appeal to the District Court against a decision of the Authority, under section 95A
a: about the terms and conditions of a permission held by the person; or
b: declining to grant the person a permission or revoking a permission held by the person.
2: In any case where—
a: any property is seized and retained pursuant to section 119
b: an application for compensation is declined in accordance with section 138
c: costs are awarded in accordance with section 61 the person directly affected may appeal against that decision to the District Court.
2A: Where a Customs officer directs in accordance with section 122
2B: If a Customs officer directs in accordance with section 122
3: Any person on whom a compliance order is served may appeal to the District Court against the whole or any part of that order.
4: Any person who lodges a notice of appeal under subsection (3) may apply to the District Court for a stay of the compliance order until the determination of the appeal.
5: The District Court shall not confirm a compliance order against which an appeal has been lodged where the person on whom the order was served was acting in accordance with—
a: EPA controls
b: conditions imposed on an approval granted under this Act.
6: Subject to subsection (7), the decision of the court on any appeal under this Act shall be final.
7: Any party to an appeal under this section may further appeal to the High Court on a question of law.
8: An appeal under this section must be made and determined in accordance with the District Court Act 2016 District Court Rules 2014 Section 125(1)﻿(da) inserted 22 December 2005 section 34(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 125(1)﻿(da) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(1)﻿(e) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(1)﻿(f) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(1)﻿(g) repealed 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(1)﻿(h) repealed 7 May 1999 section 12(1) Hazardous Substances and New Organisms Amendment Act 1999 Section 125(1A) replaced 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 125(2A) inserted 7 May 1999 section 12(2) Hazardous Substances and New Organisms Amendment Act 1999 Section 125(2B) inserted 22 December 2005 section 34(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 125(5)﻿(a) amended 1 December 2017 section 47(1) Hazardous Substances and New Organisms Amendment Act 2015 Section 125(8) inserted 1 December 2017 section 47(2) Hazardous Substances and New Organisms Amendment Act 2015
126: Appeal on question of law
1: Any—
a: party to any application for an approval or an application under section 26
b: person who made submissions to the Authority on any application for an approval or an application under section 26 may appeal against the decision of the Authority to the High Court on a question of law, unless a right of appeal to the District Court against the decision is provided for in any other provision of this Act.
2: Any report and recommendation of the Authority under section 72 Part 10 High Court Rules 2016
3: An appeal under this section shall be made in accordance with the High Court Rules 2016 sections 127 to 134 Section 126(2) amended 18 October 2016 section 183(c) Senior Courts Act 2016 Section 126(3) amended 18 October 2016 section 183(c) Senior Courts Act 2016
127: Notice of appeal
Before or immediately after the filing and service of a notice of appeal, the appellant shall serve a copy of the notice on—
a: the Authority; and
b: every other party to the proceedings; and
c: any other person who made a submission to the Authority.
128: Right to appear and be heard on appeal
1: A party to any proceedings, or any person who made submissions to the Authority, and who wishes to appear and be heard on an appeal to the High Court, shall give notice of his or her intention to appear to—
a: the appellant; and
b: the Registrar of the High Court; and
c: the Authority.
2: The notice to appear under subsection (1) shall be served within 10 working days after the party or the person was served with the notice of appeal.
129: Parties to appeal before High Court
1: The parties to an appeal before the High Court are the appellant, the Authority, and any person who gives notice of intention to appear under section 128
2: The Registrar of the High Court shall ensure that the parties to an appeal before the High Court are served with—
a: a copy of every document which is filed or lodged with the Registrar of the High Court relating to the appeal; and
b: notice of the time and date set down for hearing the appeal.
130: Orders of High Court
1: The High Court may, on application to it or on its own motion, make an order directing the Authority to lodge with the Registrar of the High Court all or any of the following things:
a: anything in the possession of the Authority relating to the appeal; and
b: a report recording, in respect of any matter or issue the court may specify, any of the findings of fact of the Authority which are not set out in its decision or report and recommendation; and
c: a report setting out, so far as is reasonably practicable and in respect of any issue or matter the order may specify, any reasons or considerations to which the Authority had regard but which are not set out in its decision or report and recommendation.
2: An application under subsection (1) shall be made,—
a: in the case of the appellant, within 20 working days after the date on which the notice of appeal is lodged; or
b: in the case of any other party to the appeal, within 20 working days after the date of the service on him or her of a copy of the notice of appeal.
3: The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of a point of law so requires; and the order may be made subject to such conditions as the High Court thinks fit.
131: Additional appeals on points of law
1: When a party to an appeal, other than the appellant, wishes to contend that the decision or report and recommendation of the Authority or District Court is in error on other points of law, that party may lodge a notice to that effect with the Registrar of the High Court.
2: The notice under subsection (1) shall be lodged within 20 working days after the date on which the respondent is served with a copy of the notice of appeal.
3: Sections 127 to 129
132: Extension of time
On the application of a party to an appeal, the High Court may extend any period of time stated in sections 128 130
133: Date of hearing
When a party to an appeal notifies the Registrar of the High Court—
a: that the notice of appeal has been served on all parties to the proceedings; and
b: either—
i: that no application has been lodged under section 130
ii: that any application lodged under section 130 the appeal is ready for hearing and the Registrar shall arrange a hearing date as soon as practicable.
134: Appeals to Court of Appeal
Subpart 8 section 126 section 304 Section 134 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
9: Emergencies
135: Interpretation
In this Part, unless the context otherwise requires,— emergency
a: actual or imminent danger to human health or safety; or
b: a danger to the environment or chattels so significant that immediate action is required to remove the danger— arising from a hazardous substance or new organism enforcement officer constable employee, volunteer, or contractor of Fire and Emergency New Zealand exercising powers under the Fire and Emergency New Zealand Act 2017 Section 135 enforcement officer amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 135 enforcement officer amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
136: Declaration of emergency
1: Where any enforcement officer has reasonable grounds to believe that—
a: there is an emergency; and
b: either,—
i: no state of emergency has been declared under the Civil Defence Emergency Management Act 2002
ii: the emergency is not being dealt with under the Fire and Emergency New Zealand Act 2017
iii: no emergency has been declared under section 144
iv: no other enforcement officer has declared an emergency under this Act; and
c: all or any of the powers set out in section 137
i: enter any premises or dwelling; or
ii: remove the cause of the emergency; or
iii: stabilise the situation to limit the actual or likely adverse effects of the emergency; or
iv: protect the health and safety of people, chattels, or the environment from the actual or likely adverse effects of any emergency,— the enforcement officer may declare a hazardous substance or new organisms emergency.
2: A hazardous substance or new organisms emergency shall be declared by the enforcement officer by—
a: identifying himself or herself to any persons in the vicinity; and
b: stating his or her authority to exercise emergency powers; and
c: announcing the nature of the emergency and the area likely to be affected.
3: Every enforcement officer shall notify—
a: the person who appointed him or her as an enforcement officer, if he or she was appointed under section 98
b: the Authority— of every occasion on which a hazardous substances or new organisms emergency is declared by that officer under this section.
4: Any emergency declared under this section shall cease—
a: 48 hours after the time of declaration; or
b: when a state of emergency is declared under the Civil Defence Emergency Management Act 2002
c: when the emergency is treated by Fire and Emergency New Zealand Fire and Emergency New Zealand Act 2017
d: when an emergency is declared under section 144 whichever is the sooner.
5: Where the conditions which caused the emergency to be declared under subsection (1) still exist 48 hours after the time of declaration of the emergency and the emergency has not been treated as an emergency under any of the provisions in paragraphs (b), (c), and (d) of subsection (4), 1 further declaration of emergency may be made under this Act and the provisions of subsection (4) shall apply accordingly.
6: Any emergency declared under this section shall have effect over the area specified under subsection (2)﻿(c). Section 136(1)﻿(b)﻿(i) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 136(1)﻿(b)﻿(ii) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017 Section 136(4)﻿(b) substituted 1 December 2002 section 117 Civil Defence Emergency Management Act 2002 Section 136(4)﻿(c) amended 1 July 2017 section 197 Fire and Emergency New Zealand Act 2017
137: Emergency powers
1: When a hazardous substance or new organisms emergency has been declared under section 136
a: enter any premises or any dwelling at any time without complying with the provisions of section 103 103A 119
b: exercise any of the powers set out in section 103 or 103A
c: exercise any of the powers set out in section 119(5)
d: direct any person to stop any activity which may contribute to the emergency:
e: request any person, either verbally or in writing, to take any action to prevent or limit the extent of the emergency:
f: direct any person to leave any place in the vicinity of the emergency:
g: direct any person to refrain from entering the vicinity of the emergency:
h: requisition any property for use in the emergency:
i: destroy any property or any other thing in order to prevent or limit the extent of the emergency:
j: secure the site for up to 24 hours following the decision of the enforcement officer that the immediate danger is past.
2: If an enforcement officer enters any private property pursuant to the powers conferred by subsection (1), he or she shall advise the occupier of the property as soon as practicable. Section 137(1)﻿(a) amended 1 November 2022 section 30(1) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 137(1)﻿(b) amended 1 November 2022 section 30(2) Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022 Section 137(1)﻿(b) amended 7 May 1999 section 15(e) Hazardous Substances and New Organisms Amendment Act 1999
138: Compensation for property requisitioned or destroyed
1: Where any enforcement officer or any person acting at the request of an enforcement officer, made under section 137(1)﻿(e)
a: requisitions any property from any person for use in an emergency; or
b: destroys any property in order to prevent or limit the extent of any emergency,— there shall be payable, on written application by any person having an interest in the property, by the organisation whose chief executive appointed the enforcement officer or (where the enforcement officer is a constable
2: Compensation shall not be payable under this section to any person who caused or contributed substantially to the emergency which brought about the requisition or destruction.
3: Where there is any dispute as to the entitlement of any person to compensation under this section, or as to the amount of such compensation, or as to the liability of the Crown or any other person or organisation to pay any such compensation, the matter shall be determined by any court of competent jurisdiction. Section 138(1) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008
139: Protection of enforcement officers and persons
No action or proceedings shall be brought against any enforcement officer or any person acting at the request of an enforcement officer made under section 137(1)﻿(e)
10: Miscellaneous provisions
140: Regulations
1: Subject to section 141
a: prescribing organisms as genetically modified organisms for the purpose of this Act:
b: prescribing organisms as organisms that are not genetically modified for the purpose of this Act:
c: prescribing organisms that are not new organisms for the purpose of this Act:
d: prescribing the method of estimating the quantity of any organism to be imported:
e: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate any adverse effects on the physical or chemical nature of the environment:
f: prescribing controls for any conditionally released new organism or any qualifying organism released with controls, to avoid or mitigate illness or injury to people or animals (other than the persons or animals referred to in section 38I(4)﻿(a) and (b)
g: prescribing—
i: any species as a risk species where any subspecies, infrasubspecies, variety, strain, or cultivar of that species may have adverse effects on the health and safety of people or the environment; or
ii: any subspecies, infrasubspecies, variety, strain, or cultivar as a risk species where that subspecies, infrasubspecies, variety, strain, or cultivar may have adverse effects on the health and safety of people or the environment:
h: prescribing offences under this Act that constitute infringement offences against this Act:
i: prescribing forms of infringement notices, and prescribing the infringement fees (not exceeding $3,000) for each infringement offence, which may be different fees for different offences:
j: prescribing countries or organisations for the purpose of sections 34 38A 40
k: prescribing information to be provided with any application for approval relating to new organisms:
l: prescribing forms for the purpose of this Act that relate to new organisms and prescribing forms of search warrants under this Act:
m: prescribing qualifications for enforcement officers appointed under section 100
n: prescribing controls for by-products with hazardous properties, which result from the manufacture of any substance:
o: prescribing damage as serious environmental damage for the purpose of section 144
p: prescribing prohibitions on the possession, importation, and manufacture of any hazardous substance:
q: prescribing restrictions on the access to or use of a hazardous substance outside the workplace:
r: prescribing restrictions on the sale of any hazardous substance:
s: prescribing prohibitions on the sale of specified fireworks:
t: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations may be made under subsection (1)﻿(c) only if the Minister has considered—
a: whether the organism has formed a self-sustaining population in New Zealand; and
b: whether any person is attempting to manage, control, or eradicate the organism under any Act.
3: Regulations made under subsection (1)﻿(h) may (without limitation) prescribe as an infringement offence the failure to comply with—
a: any control referred to in section 109(1)﻿(e)﻿(ii) or (v)
b: any requirement referred to in section 109(1)﻿(e)﻿(vi)
c: any condition referred to in section 109(1)﻿(eb)
4: Regulations may be made under subsection (1)﻿(p), (q), or (r) only if the Minister—
a: is satisfied that the proposed regulations are desirable in the public interest; and
b: has consulted the Authority and the Minister for Workplace Relations and Safety.
5: Any regulations or other instrument made under this Act may provide for controls by reference to controls in regulations under any other Act.
6: Regulations made under this section may—
a: be of general or limited application:
b: differ according to differences in time, place, or circumstance, or on any other basis:
c: impose prohibitions:
d: impose obligations and restrictions on persons:
e: apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status.
7: Any regulation made under this section is not invalid merely because it confers a discretion on, or allows a matter to be determined or approved by, any person.
8: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140 replaced 1 December 2017 section 48 Hazardous Substances and New Organisms Amendment Act 2015 Section 140(8) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
140A: Persistent organic pollutants
1: The Governor-General may, by Order in Council, amend Schedule 2A
a: add any hazardous substance that exhibits the characteristics of a persistent organic pollutant as specified in the Stockholm Convention:
b: include or amend a use for a persistent organic pollutant:
c: include or amend a date on the close of which a use included under paragraph (b) ceases to be allowed.
2: An Order in Council made under subsection (1) must be consistent with New Zealand's obligations under the Stockholm Convention.
3: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140A inserted 23 December 2004 section 15 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 140A(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
140B: Schedule 1AA may be amended or substituted
1: The Governor-General may, by Order in Council,—
a: amend Schedule 1AA
b: revoke Schedule 1AA
2: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 140B inserted 23 December 2004 section 15 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 Section 140B(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
141: Procedure for making Orders in Council
1: Before making any recommendation for the purpose of making any Order in Council under this Act (other than any Order in Council or part of an Order in Council made under section 9(1) 55(6) 140(1)﻿(i), (j), or (m) 140B
a: request the Authority to—
i: do everything reasonably practicable on its part to advise all persons, who or which in its opinion may be affected by any Order in Council made in accordance with the recommendation, of the proposed terms of the Order in Council; and
ii: give such persons a reasonable opportunity to make submissions on them to the Authority; and
iii: advise the Minister of any submissions received, and any comments the Authority wishes to make on the submissions or the proposed Order in Council; and
b: request the Authority to advise on the best international practices and standards for the safe management of hazardous substances and new organisms,— and the Minister shall have regard to those submissions and comments received in accordance with paragraph (a) and to the advice received in accordance with paragraph (b).
2: Subsection (1)﻿(a) shall not apply in respect of any Order in Council if the Minister considers it is desirable in the public interest that the Order in Council be made urgently.
2A: Subsection (1) does not apply in respect of an Order in Council if its sole purpose is to revoke any regulations replaced or to be replaced, or otherwise provided for, by an EPA notice or by any regulations or safe work instrument made under the Health and Safety at Work Act 2015
3: A failure to comply with subsection (1) shall not affect the validity of any Order in Council made under this Act. Section 141(1) amended 8 November 2016 section 11 Agricultural Compounds and Veterinary Medicines Amendment Act 2016 Section 141(1) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141(1) amended 1 July 2011 section 12 Hazardous Substances and New Organisms Amendment Act 2011 Section 141(2A) inserted 5 September 2015 section 49 Hazardous Substances and New Organisms Amendment Act 2015
141A: Incorporation of material by reference
1: The following material may be incorporated by reference into any regulations, EPA notice,
a: standards, requirements, or recommended practices of national or international organisations:
ab: standards, requirements, or recommended practices prescribed in any country or jurisdiction or by any group of countries:
b: any document or other material that, in the opinion of the Minister (in the case of regulations) or the Authority (in the case of an EPA notice, a group standard, a notice of transfer, or a code regulations, EPA notice,
2: Any such material may be so incorporated in regulations, an EPA notice, regulations, EPA notice,
3: Material has legal effect as part of the regulations, EPA notice,
4: Section 141A inserted 2 July 2001 section 35 Hazardous Substances and New Organisms Amendment Act 2000 Section 141A(1) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141A(1) amended 22 December 2005 section 35(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 141A(1)﻿(a) substituted 20 April 2010 section 30(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 141A(1)﻿(ab) inserted 20 April 2010 section 30(1) Hazardous Substances and New Organisms Amendment Act 2010 Section 141A(1)﻿(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141A(1)﻿(b) amended 22 December 2005 section 35(2)﻿(b) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 141A(2) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141A(2) amended 22 December 2005 section 35(3)﻿(a) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 141A(2) amended 22 December 2005 section 35(3)﻿(b) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 141A(3) substituted 20 April 2010 section 30(2) Hazardous Substances and New Organisms Amendment Act 2010 Section 141A(3) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141A(4) repealed 20 April 2010 section 30(3) Hazardous Substances and New Organisms Amendment Act 2010
141B: Amendment to, or replacement of, material incorporated by reference
1: An amendment to, or replacement of, material has legal effect as part of the regulations, EPA notice, under the Legislation Act 2019
a: stating that the amendment or replacement has that effect; and
b: specifying the date of publication of the notice
2: The following person may make
a: the Minister, in the case of material incorporated in regulations; or
b: the Authority, in the case of material incorporated in an EPA notice or
3: The notice must not be made
4: An amendment to, or replacement of, material does not have legal effect as part of a notice of transfer in which the material is incorporated by reference.
5: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that, if it relates to a group standard, the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 141B inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 Section 141B(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141B(1) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141B(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141B(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141B(2)﻿(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141B(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141B(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
141C: Proof of material incorporated by reference
1: A copy of material that is incorporated by reference in regulations, including any amendment to, or replacement of, that material, must be—
a: certified as a correct copy of the material by the chief executive of the Ministry for the Environment; and
b: retained by that chief executive or the chief executive of the Authority.
2: A copy of material that is incorporated by reference in an EPA notice or
a: certified as a correct copy of the material by the chief executive of the Authority; and
b: retained by that chief executive.
3: The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation of that material in the regulations, EPA notice, Section 141C inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 Section 141C(2) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141C(3) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015
141D: Material incorporated by reference that ceases to have effect
1: If material ceases to have effect, it ceases to have legal effect as part of the regulations, EPA notice, under the Legislation Act 2019
a: stating that the material ceases to have that effect; and
b: specifying the date of publication of the notice
2: The following person may make
a: the Minister, in the case of material incorporated in regulations; or
b: the Authority, in the case of material incorporated in an EPA notice or
3: Material that ceases to have effect does not cease to have legal effect as part of a notice of transfer in which the material is incorporated by reference.
4: A notice under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in the Gazette LA19 ss 73 74(1)﻿(a) cl 14 The Ministry of Foreign Affairs and Trade considers that, if it relates to a group standard, the secondary legislation may have international transparency obligations under the CPTPP s 75 LA19 ss 74(2) 75 Presentation It is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 141D inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 Section 141D(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141D(1) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141D(1)﻿(b) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141D(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141D(2)﻿(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141D(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
141E: Notice must be provided to committee responsible for examining regulations
Section 141E repealed 28 October 2021 section 3 Secondary Legislation Act 2021
141F: Requirement to consult on proposal to amend or replace material incorporated by reference
1: The Minister must comply with subsection (2) before making a notice section 141B
2: The Minister must notify and consult on the proposed amendment to, or replacement of, material in accordance with section 141
3: The chief executive of the Authority must comply with subsection (4) before making a notice section 141B EPA notice or
4: The chief executive must notify and consult on the proposed amendment to, or replacement of, material,—
a: in the case of a group standard, in accordance with sections 53 to 61 section 96B
b: in the case of a code of practice, in accordance with section 79(2) and (3) ; or
c: in the case of an EPA notice, in accordance with section 76C
4A: However, there is no need to comply with subsection (2) or (4) in the case of an amendment to material incorporated by reference if the Minister or the chief executive, as the case may be, considers that the amendment is minor in effect or corrects a minor or technical error.
5: A failure to comply with this section does not invalidate regulations that incorporate material by reference or an EPA notice or Section 141F inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010 Section 141F(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141F(3) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 141F(3) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141F(4)﻿(b) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141F(4)﻿(c) inserted 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141F(4A) inserted 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 141F(5) amended 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015
141G: Access to material incorporated by reference in regulations
1: This section applies if material is incorporated by reference in regulations.
2: The chief executive of the Ministry for the Environment must—
a: make the material referred to in subsection (5) (the incorporated material
i: the head office of the Ministry; and
ii: any other places that the chief executive may, at his or her discretion, determine are appropriate; and
b: ensure that copies of the incorporated material are available for purchase by members of the public at a reasonable price; and
c: make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Ministry, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and
d: give notice in the Gazette
i: stating that the incorporated material is available for inspection during working hours, free of charge, and specifying the places at which it can be inspected; and
ii: stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased; and
iii: if applicable, stating that the incorporated material is available on the Internet, free of charge, and specifying the Internet site address.
3: The chief executive—
a: may make copies of the incorporated material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) applies, give notice in the Gazette
4: The chief executive may comply with subsection (2)﻿(c) by providing a hypertext link from an Internet site maintained by or on behalf of the Ministry to a copy of the incorporated material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
5: The material is—
a: material incorporated by reference in regulations:
b: any amendment to, or replacement of, that material that is incorporated in the regulations, or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
c: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.
6: A failure to comply with this section does not invalidate regulations that incorporate material by reference. Section 141G inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010
141GA: Access to material incorporated by reference in EPA notices
1: This section applies if material is incorporated by reference in an EPA notice.
2: The chief executive of the Authority must—
a: make the material referred to in subsection (5) (the incorporated material
i: the head office of the Authority; and
ii: any other places that the chief executive may, at his or her discretion, determine are appropriate; and
b: ensure that copies of the incorporated material are available for purchase by members of the public at a reasonable price; and
c: make copies of the incorporated material available, free of charge, on an Internet site maintained by or on behalf of the Authority, unless doing so would infringe copyright in that material or be inconsistent with any other enactment or rule of law; and
d: give notice in the Gazette
i: stating that the incorporated material is available for inspection during working hours, free of charge, and specifying the places at which it can be inspected; and
ii: stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased; and
iii: if applicable, stating that the incorporated material is available on the Internet, free of charge, and specifying the Internet site address.
3: The chief executive—
a: may make copies of the incorporated material available in any other way that he or she considers appropriate in the circumstances; and
b: must, if paragraph (a) applies, give notice in the Gazette
4: The chief executive may comply with subsection (2)﻿(c) by providing a hypertext link from an Internet site maintained by or on behalf of the Authority to a copy of the incorporated material that is available, free of charge, on an Internet site that is maintained by or on behalf of someone else.
5: The material is—
a: material incorporated by reference in an EPA notice:
b: any amendment to, or replacement of, that material that is incorporated in an EPA notice, or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
c: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.
6: A failure to comply with this section does not invalidate an EPA notice that incorporates material by reference. Section 141GA inserted 5 September 2015 section 54 Hazardous Substances and New Organisms Amendment Act 2015
141H: Access to material incorporated by reference in group standard, notice of transfer, or code of practice
1: This section applies if material is incorporated by reference in a group standard, notice of transfer, or code of practice.
2: The chief executive of the Authority must—
a: make the material referred to in subsection (3) (the incorporated material
b: ensure that copies of the incorporated material are available for purchase by members of the public at a reasonable price; and
c: give notice in the Gazette
i: stating that the incorporated material is available for inspection free of charge and specifying the places at which it can be inspected; and
ii: stating that copies of the incorporated material can be purchased and specifying the places at which they can be purchased.
3: The material is—
a: material incorporated by reference in a group standard, notice of transfer, or code of practice:
b: any amendment to, or replacement of, that material that is incorporated in the group standard or code of practice, or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
c: if the material referred to in paragraph (a) or (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.
4: A failure to comply with this section does not invalidate a group standard, notice of transfer, or code of practice that incorporates material by reference. Section 141H inserted 20 April 2010 section 31 Hazardous Substances and New Organisms Amendment Act 2010
141I: Application of Legislation Act 2019
1: Subpart 1 section 114
2: Subparts 1 2 Section 141I replaced 28 October 2021 section 3 Secondary Legislation Act 2021
142: Relationship to other Acts
1: Nothing in this Act shall affect the requirements of the Biosecurity Act 1993
2:
3:
4: Nothing in this Act shall apply to any resource consent, being—
a: a land use consent relating to the storage, use, disposal, or transportation of any hazardous substance; or
b: a coastal permit to do something that would otherwise contravene section 15
c: a discharge permit,— where that resource consent was granted before the coming into force of any regulations made under this Act (other than regulations made under Parts 11 to 16 section 128
5: For the purposes of this section, resource consent Resource Management Act 1991
6: Any controls prescribed under any other Act for any hazardous substance shall not contravene the provisions of EPA notices issued sections 75 76
a: there is a provision in that other Act that expressly provides that controls made under that other Act for specified purposes may contravene the provisions of EPA notices issued
b: the controls are made for the purposes provided for in that Act.
7: Nothing in this Act affects the requirements of the Health and Safety at Work Act 2015 Section 142(2) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 142(3) repealed 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 142(6) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 142(6)﻿(a) amended 1 December 2017 section 54 Hazardous Substances and New Organisms Amendment Act 2015 Section 142(7) inserted 1 December 2017 section 50 Hazardous Substances and New Organisms Amendment Act 2015
142A: Exemptions from approval requirements
Section 142A expired 2 July 2006
143: Notification of hazardous substances injuries
1: In this section,— hospital section 58(4) medical practitioner section 114(1)﻿(a)
2: If any person, upon admission to a hospital, is found to be suffering from any injury caused by a hazardous substance, the person for the time being in charge of the hospital shall give notice of the injury to the Medical Officer of Health.
2A: If a medical practitioner finds that a person who is not admitted to a hospital is suffering from an injury caused by a hazardous substance, the medical practitioner must give notice of the injury to the Medical Officer of Health.
3: The Medical Officer of Health shall ensure that information about any injury notified in accordance with subsection (2) or subsection (2A) Section 143(1) substituted 22 December 2005 section 36(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 143(2A) inserted 22 December 2005 section 36(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 Section 143(3) amended 22 December 2005 section 36(3) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
144: Reporting of incidents
1: Every person in charge of a substance involved in an incident resulting in death, or a notifiable injury or illness as defined by section 23
2: No person shall be obliged to report an incident to an enforcement officer under this Act where the incident is required to be reported under any other Act. Section 144(1) replaced 1 December 2017 section 51 Hazardous Substances and New Organisms Amendment Act 2015
145: Ombudsmen Act 1975 amended
Section 145 repealed 25 January 2005 section 200 Crown Entities Act 2004
146: Authority to be Crown entity
Section 146 repealed 25 January 2005 section 200 Crown Entities Act 2004
147: Additional matters to be included in statement of intent
1: The Authority shall include in its statement of intent under section 139
a:
b:
c:
d: information on decisions under section 62
e: any new borrowings or financial leases, or similar liabilities that the Authority intends to incur during that year:
f: a statement of the consideration given by the Authority when granting each approval of a hazardous substance of the reasons for and against imposing an environmental user charge as a control.
2:
3: Section 147(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 147(1)﻿(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 147(1)﻿(b) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 147(1)﻿(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 147(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 147(3) repealed 20 April 2010 section 32 Hazardous Substances and New Organisms Amendment Act 2010
148: Additional reporting requirements
The annual report under section 150
a:
b:
c: information showing the number and type of incidents caused by inadequate management of hazardous substances or new organisms:
d: information on decisions under section 62
e: any other matters the Authority considers to be significant in the management and use of hazardous substances and new organisms, including the investigation and use of environmental user charges. Section 148 amended 25 January 2005 section 200 Crown Entities Act 2004 Section 148(a) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 148(b) repealed 20 April 2010 section 33 Hazardous Substances and New Organisms Amendment Act 2010
149: Amendments to other Acts
The enactments specified in Schedule 4
150: Repeals and revocations
1: The enactments specified in Schedule 5
2: The regulations and orders specified in Schedule 6
11: Transitional provisions—General
Part 11 expired 2 July 2006 section 152(1)﻿(b)
151: Interpretation
Section 151 expired 2 July 2006 section 152(1)﻿(b)
152: Expiry of transitional provisions
Section 152 expired 2 July 2006 section 152(1)﻿(b)
152A: Expiry of transitional provisions in relation to persistent organic pollutants
Section 152A expired 2 July 2006 section 152(1)﻿(b)
153: Exemption in case of licence application
Section 153 expired 2 July 2006 section 152(1)﻿(b)
154: Exemptions from regulations
and provisions of Parts 11 to 16 Section 154 expired 2 July 2006 section 152(1)﻿(b)
155: Applications made under transitional provisions
Section 155 expired 2 July 2006 section 152(1)﻿(b)
156: Offences against Parts 11 to 16
Section 156 expired 2 July 2006 section 152(1)﻿(b)
157: Defences
Section 157 expired 2 July 2006 section 152(1)﻿(b)
158: Suspension and cancellation of licences
Section 158 expired 2 July 2006 section 152(1)﻿(b)
159: Continuation of Pesticides Board and Toxic Substances Board
Section 159 expired 2 July 2006 section 152(1)﻿(b)
160: Regulations relating to transitional provisions
Section 160 expired 2 July 2006 section 152(1)﻿(b)
160A: Notices of transfer relating to transitional matters
Section 160A expired 2 July 2006 section 152(1)﻿(b)
160B: Controls may be imposed for purposes of notice of transfer
Section 160B expired 2 July 2006 section 152(1)﻿(b)
161: Regulations saved
Section 161 expired 2 July 2006 section 152(1)﻿(b)
162: Reassessment of substances and organisms
Section 162 expired 2 July 2006 section 152(1)﻿(b)
12: Transitional provisions—Pesticides
Part 12 expired 2 July 2006 section 152(1)﻿(b)
163: Interpretation
Section 163 expired 2 July 2006 section 152(1)﻿(b)
164: Application of this Part
Section 164 expired 2 July 2006 section 152(1)﻿(b)
164A: Protection of information
Section 164A expired 2 July 2006 section 152(1)﻿(b)
165: Sale, importation, and use of pesticides
Section 165 expired 2 July 2006 section 152(1)﻿(b)
166: Labelling
Section 166 expired 2 July 2006 section 152(1)﻿(b)
167: Advertisements
Section 167 expired 2 July 2006 section 152(1)﻿(b)
168: Review and revocation of registration
Section 168 expired 2 July 2006 section 152(1)﻿(b)
169: Transfer of proprietors' rights
Section 169 expired 2 July 2006 section 152(1)﻿(b)
170: Sale of pesticides in bulk
Section 170 expired 2 July 2006 section 152(1)﻿(b)
171: Warranties
Section 171 expired 2 July 2006 section 152(1)﻿(b)
172: Pesticide register
Section 172 expired 2 July 2006 section 152(1)﻿(b)
173: Regulations relating to all pesticides
Section 173 expired 2 July 2006 section 152(1)﻿(b)
174: Regulations relating to controlled pesticides
Section 174 expired 2 July 2006 section 152(1)﻿(b)
175: Interpretation
Section 175 expired 2 July 2006 section 152(1)﻿(b)
176: Restrictions on use of controlled pesticides
Section 176 expired 2 July 2006 section 152(1)﻿(b)
177: Qualifications for approved operator licence
Section 177 expired 2 July 2006 section 152(1)﻿(b)
178: Dealing with applications
Section 178 expired 2 July 2006 section 152(1)﻿(b)
179: Effect of licences
Section 179 expired 2 July 2006 section 152(1)﻿(b)
180: Duration of licences
Section 180 expired 2 July 2006 section 152(1)﻿(b)
181: Variation of terms and conditions of licences
Section 181 expired 2 July 2006 section 152(1)﻿(b)
182: Register of approved operators
Section 182 expired 2 July 2006 section 152(1)﻿(b)
13: Transitional provisions—Toxic substances
Part 13 expired 2 July 2006 section 152(1)﻿(b)
183: Interpretation
Section 183 expired 2 July 2006 section 152(1)﻿(b)
184: Application of this Part
Section 184 expired 2 July 2006 section 152(1)﻿(b)
184A: Protection of information
Section 184A expired 2 July 2006 section 152(1)﻿(b)
185: Restrictions on sales of deadly poisons and dangerous poisons
Section 185 expired 2 July 2006 section 152(1)﻿(b)
186: Sale and packing of poisons
Section 186 expired 2 July 2006 section 152(1)﻿(b)
187: Further restrictions on sale of poisons
Section 187 expired 2 July 2006 section 152(1)﻿(b)
188: Containers
Section 188 expired 2 July 2006 section 152(1)﻿(b)
189: Custody of poisons and harmful substances
Section 189 expired 2 July 2006 section 152(1)﻿(b)
190: Storage of poisons and harmful substances
Section 190 expired 2 July 2006 section 152(1)﻿(b)
191: Packing of poisons and harmful substances
Section 191 expired 2 July 2006 section 152(1)﻿(b)
192: Restriction on possession and use of deadly poisons and dangerous poisons
Section 192 expired 2 July 2006 section 152(1)﻿(b)
193: Control of advertisements
Section 193 expired 2 July 2006 section 152(1)﻿(b)
194: Disposal of surplus poisons to other user or licensee
Section 194 expired 2 July 2006 section 152(1)﻿(b)
195: Exemptions for pharmacists
Section 195 expired 2 July 2006 section 152(1)﻿(b)
196: Exemptions for
veterinarians Section 196 expired 2 July 2006 section 152(1)﻿(b)
197: Exemptions for certain other persons
Section 197 expired 2 July 2006 section 152(1)﻿(b)
198: Exemptions for agents and employees
Section 198 expired 2 July 2006 section 152(1)﻿(b)
199: Applications for licences
Section 199 expired 2 July 2006 section 152(1)﻿(b)
200: Dealing with applications
Section 200 expired 2 July 2006 section 152(1)﻿(b)
201: Effect of licences
Section 201 expired 2 July 2006 section 152(1)﻿(b)
202: Duration of licences
Section 202 expired 2 July 2006 section 152(1)﻿(b)
203: Records of sales
Section 203 expired 2 July 2006 section 152(1)﻿(b)
204: Register
Section 204 expired 2 July 2006 section 152(1)﻿(b)
205: Interpretation
Section 205 expired 2 July 2006 section 152(1)﻿(b)
206: Packing of imported toxic substances
Section 206 expired 2 July 2006 section 152(1)﻿(b)
207: Notice to be given of imported toxic substances
Section 207 expired 2 July 2006 section 152(1)﻿(b)
208: Application of toxic substances regulations
Section 208 expired 2 July 2006 section 152(1)﻿(b)
14: Transitional provisions—Dangerous goods
Part 14 expired 2 July 2006 section 152(1)﻿(b)
209: Interpretation
Section 209 expired 2 July 2006 section 152(1)﻿(b)
210: Application of this Part
Section 210 expired 2 July 2006 section 152(1)﻿(b)
211: Restrictions on storage and use of dangerous goods
Section 211 expired 2 July 2006 section 152(1)﻿(b)
212: Restrictions on containers
Section 212 expired 2 July 2006 section 152(1)﻿(b)
213: Containers of dangerous goods to be specially marked
Section 213 expired 2 July 2006 section 152(1)﻿(b)
214: Pumps for reselling dangerous goods
Section 214 expired 2 July 2006 section 152(1)﻿(b)
215: Restrictions on use of gases in balloons
Section 215 expired 2 July 2006 section 152(1)﻿(b)
216: Phosphorus matches
Section 216 expired 2 July 2006 section 152(1)﻿(b)
217: Licensing of premises for storage of dangerous goods
Section 217 expired 2 July 2006 section 152(1)﻿(b)
218: Provisional licences
Section 218 expired 2 July 2006 section 152(1)﻿(b)
219: General provisions as to licences
Section 219 expired 2 July 2006 section 152(1)﻿(b)
220: Renewal of licences
Section 220 expired 2 July 2006 section 152(1)﻿(b)
221: Continuing application of dangerous goods regulations
Section 221 expired 2 July 2006 section 152(1)﻿(b)
15: Transitional provisions—Explosives
Part 15 expired 2 July 2006 section 152(1)﻿(b)
222: Interpretation
Section 222 expired 2 July 2006 section 152(1)﻿(b)
223: Classification of explosives
Section 223 expired 2 July 2006 section 152(1)﻿(b)
224: Application of this Part
Section 224 expired 2 July 2006 section 152(1)﻿(b)
225: Importation of explosives
Section 225 expired 2 July 2006 section 152(1)﻿(b)
226: Permit for importation of fireworks
Section 226 expired 2 July 2006 section 152(1)﻿(b)
227: Licence to manufacture explosives
Section 227 expired 2 July 2006 section 152(1)﻿(b)
228: Factory not to be altered without consent of Authority
Section 228 expired 2 July 2006 section 152(1)﻿(b)
229: Fireworks not to be sold to persons under 14 years of age
Section 229 expired 2 July 2006 section 152(1)﻿(b)
230: Application of following sections
Section 230 expired 2 July 2006 section 152(1)﻿(b)
231: Explosives not to be sold without licence
Section 231 expired 2 July 2006 section 152(1)﻿(b)
232: Restriction on sale of fireworks
Section 232 expired 2 July 2006 section 152(1)﻿(b)
233: Sale of explosives
Section 233 expired 2 July 2006 section 152(1)﻿(b)
234: Storage of explosives
Section 234 expired 2 July 2006 section 152(1)﻿(b)
235: Certain explosives not to be carried without consent of Authority
Section 235 expired 2 July 2006 section 152(1)﻿(b)
236: Licence required to carry certain explosives
Section 236 expired 2 July 2006 section 152(1)﻿(b)
237: Carriage of explosives in vehicles or vessels carrying passengers
Section 237 expired 2 July 2006 section 152(1)﻿(b)
238: Firework displays
Section 238 expired 2 July 2006 section 152(1)﻿(b)
239: Private storage
Section 239 expired 2 July 2006 section 152(1)﻿(b)
240: Conditions of licence
Section 240 expired 2 July 2006 section 152(1)﻿(b)
241: Public magazines
Section 241 expired 2 July 2006 section 152(1)﻿(b)
242: Private magazines
Section 242 expired 2 July 2006 section 152(1)﻿(b)
243: Private magazine not to be altered without consent
Section 243 expired 2 July 2006 section 152(1)﻿(b)
244: Danger buildings
Section 244 expired 2 July 2006 section 152(1)﻿(b)
245: Notices on danger buildings
Section 245 expired 2 July 2006 section 152(1)﻿(b)
246: Repairs or alterations to danger buildings
Section 246 expired 2 July 2006 section 152(1)﻿(b)
247: Protective clothing, etc
Section 247 expired 2 July 2006 section 152(1)﻿(b)
248: Employment of young persons in danger buildings
Section 248 expired 2 July 2006 section 152(1)﻿(b)
249: Packing and marking of explosives
Section 249 expired 2 July 2006 section 152(1)﻿(b)
250: Handling of explosives
Section 250 expired 2 July 2006 section 152(1)﻿(b)
251: Abandonment or disposal of explosives
Section 251 expired 2 July 2006 section 152(1)﻿(b)
252: Damaged, defective, or unsafe explosives
Section 252 expired 2 July 2006 section 152(1)﻿(b)
253: Continuation of regulations
Section 253 expired 2 July 2006 section 152(1)﻿(b)
16: Transitional provisions—New organisms
Part 16 expired 29 July 2001 section 152(1)﻿(a) Animals Heading expired 29 July 2001 section 152(1)﻿(a)
254: Animals
Section 254 expired 29 July 2001 section 152(1)﻿(a)
255: Zoological gardens
Section 255 expired 29 July 2001 section 152(1)﻿(a)
256: Hamsters
Section 256 expired 29 July 2001 section 152(1)﻿(a)
257: Approvals for genetically modified organisms
Section 257 expired 29 July 2001 section 152(1)﻿(a) Plants Heading expired 29 July 2001 section 152(1)﻿(a)
258: Import permits
Section 258 expired 29 July 2001 section 152(1)﻿(a)
259: Micro-organisms lawfully in use
Section 259 expired 29 July 2001 section 152(1)﻿(a)