Environmental Protection Authority Act 2011

1: Title
This Act is the Environmental Protection Authority Act 2011.
2: Commencement
1: Parts 1 2
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council; and 1 or more orders may be made bringing different provisions into force on different dates.
3: Any provision that has not earlier been brought into force comes into force on 1 December 2012.
4: 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 2(2) brought into force 1 July 2011 clause 2(1) Environmental Protection Authority Act Commencement Order 2011 Section 2(2) brought into force 1 July 2011 clause 2(2) Environmental Protection Authority Act Commencement Order 2011 Section 2(2) brought into force 5 December 2011 clause 2 Environmental Protection Authority Act Commencement Order (No 2) 2011 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
The purpose of this Act is to establish an Environmental Protection Authority and to provide for its functions and operation.
4: Treaty of Waitangi (Te Tiriti o Waitangi)
In order to recognise and respect the Crown's responsibility to take appropriate account of the Treaty of Waitangi,—
a: section 18
b: the EPA and any person acting on behalf of the EPA must comply with the requirements of an environmental Act in relation to the Treaty, when exercising powers or functions under that Act.
5: Interpretation
In this Act, unless the context otherwise requires,— chief executive section 15 collective agreement section 22 employee section 22 employment agreement section 22 environment section 2(1) environmental Act
a: the Climate Change Response Act 2002
ab: the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
b: the Hazardous Substances and New Organisms Act 1996
c: the Imports and Exports (Restrictions) Act 1988
d: the Ozone Layer Protection Act 1996
e: the Resource Management Act 1991 Environmental Protection Authority Authority EPA section 7 Environmental Risk Management Authority ERMA section 14 fees framework former EPA section 22 Māori Advisory Committee section 18 Minister natural and physical resources section 2(1) Nga Kaihautu Tikanga Taiao section 24A previous employer section 39(4) Section 5 environmental Act inserted 28 June 2013 section 174 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
6: Act binds the Crown
This Act binds the Crown.
2: Environmental Protection Authority
Establishment of Environmental Protection Authority
7: Environmental Protection Authority established
This section establishes the Environmental Protection Authority.
8: EPA is Crown entity
1: The Environmental Protection Authority is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004
9: Board of EPA
1: The Minister must appoint no fewer than 6, and no more than 8, persons as members of the EPA.
2: The members are the EPA's board for the purposes of the Crown Entities Act 2004
3: The Minister must appoint at least 1 member who has knowledge and experience relating to the Treaty of Waitangi and tikanga Māori (Māori customary values and practices).
10: Qualifications for appointment to board
1: The Minister must appoint members to the EPA board who collectively have knowledge of, and experience in relation to, matters relevant to the functions of the EPA.
2: Knowledge and experience that are relevant include knowledge of, and experience relating to,—
a: governance procedures and organisational change; and
b: New Zealand's environmental management system; and
c: the links between the economy and environmental management; and
d: the Treaty of Waitangi and tikanga Māori; and
e: administration of environmental and risk management frameworks; and
f: central government processes.
3: This section does not limit section 29
11: Restriction on membership
1: The following persons may not be appointed to the EPA board:
a: the chief executive:
b: an employee of the EPA.
2: This section does not limit section 30(2) Functions of EPA
12: Objective of EPA
1: The objective of the EPA is to undertake its functions in a way that—
a: contributes to the efficient, effective, and transparent management of New Zealand's environment and natural and physical resources; and
b: enables New Zealand to meet its international obligations.
2: When undertaking its particular functions under an environmental Act, the EPA must also act in a way that furthers any objectives (or purposes) stated in respect of that Act.
13: Functions of EPA
The functions of the EPA are—
a: to advise the Minister on any matter relating to its functions under this Act or an environmental Act:
b: to exercise the powers, and carry out the functions and duties, conferred on it by or under this Act or an environmental Act:
c: if requested by the Minister,—
i: to provide technical advice to the Government and Crown entities on any matter related to its functions under an environmental Act:
ii: to provide administrative assistance (including secretarial services) to a person or group of people appointed by the Minister to provide advice or report on any matter related to its functions under an environmental Act:
iia: to provide secretarial and support services to a person appointed under an Act to make a decision requiring the application of provisions of the Resource Management Act 1991
iib: to provide support services to an IHP established under Schedule 3
iii: to contribute to and co-operate with international forums and carry out international obligations related to its functions under an environmental Act. Section 13(c)﻿(iia) inserted 19 April 2017 section 123 Resource Legislation Amendment Act 2017 Section 13(c)﻿(iib) inserted 7 August 2020 section 300 Urban Development Act 2020
14: Limitation on power to contract
1: Before the EPA enters into a contract authorising a person to carry out a function of the EPA under this Act or an environmental Act, the EPA must have regard to the matters set out in subsection (2).
2: The matters are—
a: whether the function might be more efficiently carried out by the EPA:
b: the desirability of keeping institutional knowledge within the EPA:
c: whether entering into the contract would limit the EPA's ability to meet its obligations.
3: This section does not limit sections 16 17
15: Appointment of chief executive
1: The EPA must appoint a chief executive to be responsible for the efficient and effective administration of the affairs of the EPA.
2: Members of the EPA are not eligible for appointment as the chief executive.
3: Section 117 Delegation by Minister
16: Delegation of functions or powers of Minister under environmental Acts
1: In this section, Minister
2: This section applies if a Minister delegates to the EPA a function or power under an environmental Act.
3: The delegation must be in writing.
4: The EPA—
a: may perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if it had been conferred on the EPA directly by an enactment and not by delegation, unless the delegation limits the performance or exercise of the power; and
b: may delegate the function or power only—
i: with the prior written consent of the Minister; and
ii: subject to the same restrictions, and with the same effect, as if the subdelegate were the EPA.
5: If the EPA purports to perform a function or exercise a power under a delegation, the EPA—
a: is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of the delegation; and
b: must produce evidence of its authority to do so, if reasonably requested to do so.
6: No delegation in accordance with an environmental Act—
a: affects or prevents the performance of any function or the exercise of any power by the Minister; or
b: affects the Minister's responsibility for the actions of the EPA acting under the delegation. Delegation by EPA
17: EPA's power of delegation
1: The EPA must not delegate its power to—
a: appoint a chief executive under section 15
b: appoint the members of the Māori Advisory Committee under section 18
c: appoint a committee under clause 14
2: In other respects, section 73 Māori Advisory Committee
18: Māori Advisory Committee established
1: This section establishes the Māori Advisory Committee.
2: The EPA must appoint no fewer than 4, and no more than 8, persons to be members of the committee.
3: The EPA must not appoint one of its own members to be a member of the committee.
4: The EPA must appoint 1 member of the committee to be the chairperson of the committee.
19: Functions
1: The functions of the Māori Advisory Committee are—
a: to provide advice and assistance to the EPA on matters relating to policy, process, and decisions of the EPA under an environmental Act or this Act; and
b: to provide advice to a marine consent authority when the committee’s advice is sought under section 56(1)﻿(b)
2: The advice and assistance must be given from the Māori perspective and come within the terms of reference of the committee as set by the EPA under section 20 Section 19 heading amended 1 June 2017 section 285(2) Resource Legislation Amendment Act 2017 Section 19(1) replaced 1 June 2017 section 285(3) Resource Legislation Amendment Act 2017
20: Terms of reference of Māori Advisory Committee
1: The EPA must set terms of reference for the Māori Advisory Committee.
2: The EPA must review the terms of reference at intervals of no more than 3 years.
21: Remuneration of Māori Advisory Committee
A member of the Māori Advisory Committee is entitled, in accordance with the fees framework,—
a: to receive remuneration for services as a member at a rate and of a kind determined by the EPA; and
b: to be reimbursed for actual and reasonable travelling expenses incurred in carrying out his or her functions as a member.
3: Disestablishment of entities, transfer of functions, and other matters
22: Interpretation
In this Part,— collective agreement section 5 employee employment agreement section 5 former EPA section 42B Section 22 collective agreement amended 7 August 2020 section 135 Public Service Act 2020 Section 22 employment agreement amended 7 August 2020 section 135 Public Service Act 2020
1: Disestablishment of Environmental Protection Authority established by Resource Management Act 1991
23: Environmental Protection Authority established by Resource Management Act 1991 disestablished
The Environmental Protection Authority established by section 42B
24: Consequences of disestablishment of former Environmental Protection Authority
1: On and from the commencement of section 23
a: all information held by the former EPA is held by the EPA; and
b: all money payable to or by the former EPA becomes payable to or by the EPA; and
c: all rights, liabilities, contracts, entitlements, and engagements of the former EPA become the rights, liabilities, contracts, entitlements, and engagements of the EPA; and
d: all directions to the former EPA in effect immediately before the commencement of this section become directions to the EPA; and
e: any delegation to the former EPA by the Minister under section 29(4)
f: anything done, or omitted to be done, or that is to be done, by, or in relation to, the former EPA is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
g: the commencement, continuation, or enforcement of proceedings by or against the former EPA may instead be carried out by or against the EPA without amendment to the proceedings; and
h: a matter or thing that would, but for this section, have been completed by the former EPA may be completed by the EPA.
2: The transfer of information from the former EPA to the EPA under subsection (1)﻿(a) does not constitute an action that is an interference with the privacy of an individual under section 69
3: On and from the commencement of section 23 Section 24(2) amended 1 December 2020 section 217 Privacy Act 2020
25: References to EPA established by Resource Management Act 1991
Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of section 23 Resource Management Act 1991 section 7
2: Disestablishment of Environmental Risk Management Authority and Nga Kaihautu Tikanga Taiao
Disestablishment of Environmental Risk Management Authority and Nga Kaihautu Tikanga Taiao
26: Environmental Risk Management Authority disestablished
The Environmental Risk Management Authority is disestablished.
27: ERMA committees disestablished
Every committee appointed by ERMA under clause 43 of Schedule 1
28: Nga Kaihautu Tikanga Taiao disestablished
Nga Kaihautu Tikanga Taiao is disestablished.
29: No compensation for loss of office
The Crown is not liable to make a payment to, or otherwise compensate, any person in relation to the person's ceasing to be a member of ERMA or Nga Kaihautu Tikanga Taiao because of the disestablishment of ERMA or Nga Kaihautu Tikanga Taiao. Transfer of functions, etc, of ERMA to EPA
30: Transfer of functions, etc, of ERMA to EPA
1: On and from the commencement of section 26
a: the functions, duties, and powers of ERMA under any enactment become the functions, duties, and powers of the EPA; and
b: the property belonging to ERMA vests in the EPA; and
c: all information held by ERMA is held by the EPA; and
d: all money payable to or by ERMA becomes payable to or by the EPA; and
e: all rights, liabilities, contracts, entitlements, and engagements of ERMA become the rights, liabilities, contracts, entitlements, and engagements of the EPA; and
f: all directions to ERMA in effect immediately before the commencement of this section become directions to the EPA; and
g: any delegation by ERMA to the chief executive of ERMA that is in effect immediately before the commencement of this section has effect as if it were a delegation by the EPA to the EPA's chief executive; and
h: anything done, or omitted to be done, or that is to be done, by, or in relation to, ERMA is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
i: the commencement, continuation, or enforcement of proceedings by or against ERMA may instead be carried out by or against to EPA without amendment to the proceedings; and
j: a matter or thing that would, but for this section, have been completed by ERMA may be completed by the EPA.
2: The transfer of information from ERMA to the EPA under subsection (1)﻿(c) does not constitute an action that is an interference with the privacy of an individual under section 69
3: This section applies subject to section 32 Section 30(2) amended 1 December 2020 section 217 Privacy Act 2020
31: Certain delegations continue
1: The following delegations continue in effect as if they were made by the EPA:
a: any delegation by ERMA under section 19(2)﻿(b) section 32(2)
b: any other delegation by ERMA under section 19(2) section 26
2: However, a delegation to a member of ERMA or a number of people including a member of ERMA, other than a delegation to which subsection (1)﻿(a) applies, is revoked on the commencement of section 26
3: To avoid doubt, the EPA may revoke a delegation continued under subsection (1).
32: Applications to be completed
1: This section applies to—
a: an application made under Part 5 6A section 26
i: a hearing date has been fixed under section 59(1)﻿(d)
ii: a date for consideration of the application has been fixed under section 59(1)﻿(d)
b: the committee appointed by ERMA under clause 43 of Schedule 1
2: Despite sections 26 27 30
a: continues in existence as if it were a committee appointed by the EPA; and
b: continues to have all the necessary powers and functions delegated to it under section 19(2)﻿(b)
3: However, if the EPA revokes the delegation referred to in subsection (2)﻿(b), the committee ceases to exist.
4: The decision of the committee is to be treated as a decision of the EPA.
33: Matters relating to continued committee
1: The EPA may appoint additional members to a committee continued under section 32
2: A committee continued under section 32(2)﻿(a)
a: the day after the date on which the last application to be decided by the committee is decided; or
b: the date on which the committee receives written notice of the EPA's revocation of the delegation in accordance with section 76
3: To avoid doubt, a continued committee need not include a member of the EPA.
34: Final report and accounts of ERMA
1: As soon as is reasonably practicable after the commencement of section 26
2: The final report must—
a: describe ERMA's operations for the period beginning on 1 July 2010 and ending immediately before the date on which section 26
b: include financial statements for ERMA, prepared in accordance with section 154
3: Sections 155 156
4: The Minister must present a copy of the report to the House of Representatives under section 150(3)
35: References to ERMA
Unless the context otherwise requires, in any enactment, agreement, deed, instrument, application, notice, or other document in force immediately before the commencement of section 26
3: Transfer of employees
36: Transfer of certain State services employees to EPA
1: The EPA and the chief executive of the Ministry for the Environment may agree to transfer the following employees of the Ministry to the EPA:
a: an employee whose employment at the Ministry relates to the functions of the former EPA; and
b: an employee whose employment at the Ministry relates to the chief executive's functions under the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
c: an employee whose employment at the Ministry relates to the Minister for the Environment's functions under the Imports and Exports (Restrictions) Act 1988 Imports and Exports (Restrictions) Amendment Act 2011
d: an employee whose employment at the Ministry relates to the Minister for the Environment's functions under the Ozone Layer Protection Act 1996 Ozone Layer Protection Amendment Act 2011
2: The EPA and the chief executive of the Ministry of Economic Development may agree to transfer the following employees of the Ministry to the EPA:
a: an employee whose employment at the Ministry relates to the chief executive's functions under the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
b: an employee whose employment at the Ministry relates to the Minister of Commerce's functions under the Imports and Exports (Restrictions) Act 1988 Imports and Exports (Restrictions) Amendment Act 2011
c: an employee whose employment at the Ministry relates to the Minister of Commerce's functions under the Ozone Layer Protection Act 1996 Ozone Layer Protection Amendment Act 2011
3: The EPA and the chief executive of the Ministry that employs the employee must consult the employee concerned before deciding whether to transfer an employee from the Ministry to the EPA.
4: An employee transferred under subsection (1)﻿(a) becomes an employee of the EPA on the commencement of section 23
5: An employee transferred under subsection (1)﻿(b) or (2)﻿(a) becomes an employee of the EPA on the commencement of the Climate Change Response Amendment Act 2011
6: An employee transferred under subsection (1)﻿(c) or (2)﻿(b) becomes an employee of the EPA on the commencement of the Imports and Exports (Restrictions) Amendment Act 2011
7: An employee transferred under subsection (1)﻿(d) or (2)﻿(c) becomes an employee of the EPA on the commencement of the Ozone Layer Protection Amendment Act 2011
37: Terms and conditions of employment of transferred employees
1: This section applies to an employee transferred to the EPA under section 36
2: The employee must be employed on terms and conditions no less favourable to the employee than those applying to the employee immediately before the date of the employee's transfer to the EPA.
3: Subsection (2) continues to apply to an employee's terms and conditions of employment until the terms and conditions are varied by agreement between the employee and the EPA.
38: Transfer of ERMA employees to EPA
1: Every person employed by ERMA immediately before the commencement of section 26
2: The terms and conditions of employment of each employee remain the same as the terms and conditions of his or her employment with ERMA immediately before the commencement of section 26
3: Subsection (2) continues to apply to an employee's terms and conditions of employment until the terms and conditions are varied by agreement between the employee and the EPA.
39: Continuity of employment
1: This section applies for the purposes of this Act and every enactment, law, determination, contract, and agreement relating to the employment of an employee transferred to the EPA under section 36 38
2: The employee's employment is to be treated as unbroken and the employee's period of service with the previous employer ending on the close of the day before the employee is transferred under section 36 38
3: Every other period of service of the employee that is recognised by the previous employer as continuous service is to be treated as a period of service with the EPA.
4: In this section and sections 40 41 previous employer
40: Employees covered by collective agreement
1: This section applies to an employee of the Ministry for the Environment or the Ministry of Economic Development or ERMA who was covered by a collective agreement with the employee's previous employer immediately before the employee was transferred to the EPA under section 36 38
2: The employee continues to be bound by the collective agreement and may enforce the collective agreement against the EPA.
3: The EPA is bound by the collective agreement only to the extent that it relates to the employee.
4: This section does not apply to a collective agreement to the extent that the EPA and the employee agree otherwise.
41: Restriction on compensation for technical redundancy
1: An employee is not entitled to receive any payment or other benefit on the ground that the employee's position with his or her previous employer has ceased to exist, if—
a: the employee's position ceases to exist as a result of the transfer of functions from his or her previous employer to the EPA; and
b: in connection with the transfer of functions,—
i: the employee is offered equivalent employment with the EPA (whether or not the employee accepts the offer); or
ii: the employee is offered and accepts other employment with the EPA.
2: In subsection (1), employment with the EPA is equivalent to the employee's employment with his or her previous employer if the employment with the EPA is—
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions). Superannuation
42: Superannuation or retiring allowance
1: This section applies to a person who is an employee transferred to the EPA under section 36 38 Part 2 2A
2: The person is, for the purpose of the Government Superannuation Fund Act 1956, to be treated as if he or she continues to be employed in the Government service while the person is an employee of the EPA for the purposes of that Act, and that Act applies to the person as if the person's service as an employee of the EPA is Government service.
3: However, if the person ceases to be a contributor to the Government Superannuation Fund after becoming an employee of the EPA, the person may not resume making contributions to the Fund.
4: For the purpose of applying the Government Superannuation Fund Act 1956 controlling authority
43: KiwiSaver Act 2006 not to apply to transferred employee
The employment of an employee who becomes an employee of the EPA under this Act does not constitute new employment for the purposes of the KiwiSaver Act 2006
4: Matters related to transfer of functions under Climate Change Response Act 2002
Cancellation of Registrar's appointment
44: Cancellation of appointment of Registrar
The appointment of a person holding the office of Registrar under section 11 section 7 Consequences of transfer of climate change functions
45: Consequences of transfer of functions under Climate Change Response Act 2002 to EPA
1: This section applies to a function of a former agency under the Climate Change Response Act 2002 that is transferred to the EPA as a consequence of the amendment of the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
2: On and from the commencement of the Climate Change Response Amendment Act 2011
a: all information that relates solely or principally to the function and that is held by a former agency is held by the EPA; and
b: all money payable to or by a former agency in relation to the function becomes payable to or by the EPA; and
c: all rights, liabilities, entitlements, and engagements of a former agency in relation to the function become the rights, liabilities, entitlements, and engagements of the EPA; and
d: all directions to a former agency that relate to the function and that are in effect immediately before the commencement of this section become directions to the EPA; and
e: anything done, or omitted to be done, or that is to be done, in relation to the function by, or in relation to, a former agency is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
f: the commencement, continuation, or enforcement of proceedings relating to the function by or against a former agency may instead be carried out by or against the EPA without amendment to the proceedings; and
g: a matter or thing relating to the function that would, but for this section, have been completed by a former agency may be completed by the EPA.
3: In this section, former agency section 44
4: On and from the commencement of the Climate Change Response Amendment Act 2011
5: The transfer of information from a former agency to the EPA under subsection (2)﻿(a) does not constitute an action that is an interference with the privacy of an individual under section 69 Section 45(5) amended 1 December 2020 section 217 Privacy Act 2020
46: Delegations continued
1: This section applies to a delegation—
a: by the chief executive of a department with responsibility for the administration of a Part or subpart of the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
b: that relates to a function of the department that is transferred to the EPA as a consequence of the amendment of the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
2: Despite the amendment of the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
3: To avoid doubt, the EPA may revoke a delegation continued under subsection (2). Transfer of contracts
47: Transfer of contracts to EPA
1: This section applies to a contract (other than an employment agreement) that—
a: was made between the chief executive of the Ministry for the Environment or chief executive of the Ministry of Economic Development and another person; and
b: relates solely to a function or power of the chief executive under the Climate Change Response Act 2002 Climate Change Response Amendment Act 2011
2: On and from the commencement of this section, the contract must be treated as if the EPA were the party to the contract instead of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, as appropriate.
3: Unless the context otherwise requires, every reference in a contract to the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, or a delegate of the chief executive, is to be read as a reference to the EPA.
48: Consequences of transfer of contracts to EPA
1: This section applies only in relation to a contract transferred to the EPA under section 47
2: On and from the commencement of section 47
a: all rights, liabilities, and entitlements of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development under the contract become the rights, liabilities, and entitlements of the EPA; and
b: anything done, or omitted to be done, or that is to be done, by, or in relation to, the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
c: the commencement, continuation, or enforcement of proceedings by or against the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development may instead be carried out by or against the EPA without amendment to the proceedings. Continuation of enforcement officers
49: Continuation of enforcement officers
Despite the amendments made to section 93 section 15
a: if the person is also an employee of the Ministry for the Environment, the Ministry of Economic Development, or ERMA who is transferred to the EPA under section 36 38
b: if paragraph (a) does not apply, as if the EPA had delegated the power to appoint the person as an enforcement officer to the person who made the appointment.
5: Matters related to transfer of functions under Imports and Exports (Restrictions) Act 1988 and Ozone Layer Protection Act 1996
50: Consequences of transfer of functions under Imports and Exports (Restrictions) Act 1988 and Ozone Layer Protection Act 1996 to EPA
1: This section applies to a function of a Minister under the Imports and Exports (Restrictions) Act 1988 Ozone Layer Protection Act 1996 Imports and Exports (Restrictions) Amendment Act 2011 Ozone Layer Protection Amendment Act 2011
2: On and from the commencement of the Imports and Exports (Restrictions) Amendment Act 2011 Ozone Layer Protection Amendment Act 2011
a: all information that relates solely or principally to the function and that is held by a former agency is held by the EPA; and
b: all money payable to or by a former agency in relation to the function becomes payable to or by the EPA; and
c: all rights, liabilities, entitlements, and engagements of a former agency in relation to the function become the rights, liabilities, entitlements, and engagements of the EPA; and
d: all directions to a former agency that relate to the function and that are in effect immediately before the commencement of this section become directions to the EPA; and
e: anything done, or omitted to be done, or that is to be done, in relation to the function by, or in relation to, a former agency is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
f: the commencement, continuation, or enforcement of proceedings relating to the function by or against a Minister may instead be carried out by or against the EPA without amendment to the proceedings; and
g: a matter or thing relating to the function that would, but for this section, have been completed by a former agency may be completed by the EPA.
3: In this section, former agency
4: On and from the commencement of the Imports and Exports (Restrictions) Amendment Act 2011 Ozone Layer Protection Amendment Act 2011
5: The transfer of information from a former agency to the EPA under subsection (2)﻿(a) does not constitute an action that is an interference with the privacy of an individual under section 69 Section 50(5) amended 1 December 2020 section 217 Privacy Act 2020 Transfer of contracts
51: Transfer of contracts to EPA
1: This section applies to a contract (other than an employment agreement) that—
a: was made between the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development and another person; and
b: relates solely or principally to a function or power of a Minister under the Imports and Exports (Restrictions) Act 1988 Ozone Layer Protection Act 1996 Imports and Exports (Restrictions) Amendment Act 2011 Ozone Layer Protection Amendment Act 2011
2: On and from the commencement of this section, the contract must be treated as if the EPA were the party to the contract instead of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, as appropriate.
3: Unless the context otherwise requires, every reference in the contract to the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development, or a delegate of the chief executive, is to be read as a reference to the EPA.
52: Consequences of transfer of contracts to EPA
1: This section applies only in relation to a contract transferred to the EPA under section 51
2: On and from the commencement of section 51
a: all rights, liabilities, and entitlements of the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development under the contract become the rights, liabilities, and entitlements of the EPA; and
b: anything done, or omitted to be done, or that is to be done, by, or in relation to, the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development is to be treated as having been done, or omitted to be done, or to be done, by, or in relation to, the EPA; and
c: the commencement, continuation, or enforcement of proceedings by or against the chief executive of the Ministry for the Environment or the chief executive of the Ministry of Economic Development may instead be carried out by or against the EPA without amendment to the proceedings.
4: Minor and consequential amendments
53: Consequential amendments
1: The Acts listed in Schedule 1
2: The regulations made under the Climate Change Response Act 2002 Schedule 2
3: The regulations made under the Hazardous Substances and New Organisms Act 1996 Schedule 3 OIC SR 2011/193 2011-07-01 Agricultural Compounds and Veterinary Medicines Act 1997 Biosecurity Act 1993 Civil Aviation Act 1990 Crown Entities Act 2004 Fire Service Act 1975 Food Act 1981 Gas Act 1992 Health Act 1956 Health and Safety in Employment Act 1992 Medicines Act 1981 Ombudsmen Act 1975 Radiation Protection Act 1965 Terrorism Suppression Act 2002 Transport Act 1962 OIC (SR 2011/321) 2011-12-05 Climate Change (Agriculture Sector) Regulations 2010 Climate Change (Emissions Rulings: Fees and Charges) Regulations 2010 Climate Change (Forestry Sector) Regulations 2008 Climate Change (Liquid Fossil Fuels) Regulations 2008 Climate Change (Stationary Energy and Industrial Processes) Regulations 2009 Climate Change (Unique Emissions Factors) Regulations 2009 Climate Change (Unit Register) Regulations 2008 Climate Change (Waste) Regulations 2010 OIC SR 2011/193 2011-07-01 Hazardous Substances and New Organisms (Methodology) Order 1998 Hazardous Substances (Compressed Gases) Regulations 2004 Hazardous Substances (Emergency Management) Regulations 2001 Hazardous Substances (Fireworks, Safety Ammunition, and Other Explosives Transfer) Regulations 2003
54: Minor amendments to Imports and Exports (Restrictions) Prohibition Order (No 2) 2004
The Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Schedule 4 OIC SR 2011/193 2011-07-01 Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Section 54 may be brought into force on a date appointed by the Governor-General by Order in Council. If brought into force by an OIC, please change the amends-note date and add SR number of the commencing reg to the authority field. If it has not already commenced, it comes into force on 1 December 2012.
55: Minor amendments to Ozone Layer Protection Regulations 1996
The Ozone Layer Protection Regulations 1996 Schedule 5 OIC SR 2011/193 2011-07-01 Ozone Layer Protection Regulations 1996 Section 54 may be brought into force on a date appointed by the Governor-General by Order in Council. If brought into force by an OIC, please change the amends-note date and add SR number of the commencing reg to the authority field. If it has not already commenced, it comes into force on 1 December 2012.