Ozone Layer Protection Act 1996

1: Short Title and commencement
1: This Act may be cited as the Ozone Layer Protection Act 1996.
2: This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
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 16 September 1996 clause 2 Ozone Layer Protection Act Commencement Order 1996 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,— approved form section 12A code of practice section 10 controlled substance Convention Schedule 1 Environmental Protection Authority section 7 Minister offence against this Act officer
a: any person employed in the service of the Environmental Protection Authority
b: any Customs officer ozone depleting substance substance
a: any controlled substance; or
b: any other substance that has an ozone depletion potential of 0.01 or greater prescribed Protocol register section 12B
2: Terms and expressions used and not defined in this Act or in regulations made under this Act but defined in the Convention or the Protocol shall, unless the context otherwise requires, have the same meaning as in the Convention or the Protocol. Section 2(1) approved form inserted 1 July 2011 section 4(1) Ozone Layer Protection Amendment Act 2011 Section 2(1) code of practice amended 1 July 2011 section 4(2) Ozone Layer Protection Amendment Act 2011 Section 2(1) Environmental Protection Authority inserted 1 July 2011 section 4(1) Ozone Layer Protection Amendment Act 2011 Section 2(1) Minister inserted 1 July 2011 section 4(1) Ozone Layer Protection Amendment Act 2011 Section 2(1) officer amended 1 July 2011 section 4(3) Ozone Layer Protection Amendment Act 2011 Section 2(1) register added 1 July 2011 section 4(1) Ozone Layer Protection Amendment Act 2011
3: Act to bind the Crown
This Act binds the Crown.
4: Purpose of Act
1: The purpose of this Act is to—
a: help protect human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer:
b: phase out ozone depleting substances as soon as possible except for essential uses:
c: give effect to New Zealand's obligations under the Convention and the Protocol.
2: Every person exercising any power or discretion under this Act shall act in a manner consistent with that purpose. 1990 No 50 s 4
5: Application of Act
This Act applies to—
a: ozone depleting substances; and
b: goods that contain any ozone depleting substance; and
c: goods that are designed to use any ozone depleting substance; and
d: goods that are manufactured, processed, or grown using any ozone depleting substance,— as those terms are defined in this Act or in regulations made under Part 3
2: Controls in respect of ozone depleting substances
Prohibitions
6: Prohibitions in respect of ozone depleting substances
1: It is unlawful to import into New Zealand substances or goods the importation of which is prohibited by regulations made under Part 3
2: It is unlawful to export substances or goods the exportation of which is prohibited by regulations made under Part 3
3: It is unlawful to manufacture in New Zealand substances or goods the manufacture of which is prohibited by regulations made under Part 3
4: It is unlawful to sell in New Zealand substances or goods the sale of which is prohibited by regulations made under Part 3
5: It is unlawful to use any substances or goods in New Zealand if that use is prohibited by regulations made under Part 3
7: Customs and Excise Act 2018 to apply to prohibited exports
All the provisions of the Customs and Excise Act 2018 section 388(1)﻿(b) subpart 4 Section 7 replaced 1 October 2018 section 443(3) Customs and Excise Act 2018 Exemptions
8: Exemptions
1: The Environmental Protection Authority may
2: An exemption may be granted only in accordance with regulations made under Part 3 Section 8(1) amended 1 July 2011 section 5 Ozone Layer Protection Amendment Act 2011
8A: Application for exemption
An application for an exemption must be made in the approved form. Section 8A inserted 1 July 2011 section 6 Ozone Layer Protection Amendment Act 2011
9: Consideration of application for exemption
The Environmental Protection Authority must,
a: the need to protect human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer; and
b: the need to phase out ozone depleting substances as soon as possible except for essential uses; and
c: New Zealand's obligations under the Convention and the Protocol; and
d: the technology available and whether any alternative products have been developed that may be used instead of the ozone depleting substance concerned; and
e: whether the applicant has complied with any code of practice that applies to the business of the applicant; and
f: whether the applicant has committed an offence against this Act. 1990 No 50 s 30 Section 9 amended 1 July 2011 section 7 Ozone Layer Protection Amendment Act 2011 Permits Heading inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011
9A: General requirements for permits
1: This section applies if regulations made under section 16
2: Any person may apply to the Environmental Protection Authority for a permit.
3: An application for a permit must be in the approved form.
4: The regulations may specify the process and requirements for applying for a permit. Section 9A inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011
9B: Refusal of permit to import substance
1: This section and sections 9C 9D section 16
2: The Environmental Protection Authority may refuse to grant a permit if the Authority considers—
a: after considering the matters set out in section 9C
b: that the person who applied for the permit has been convicted of an offence against this Act or an offence that involves an ozone-depleting substance; or
c: that the information in the application is incorrect. Section 9B inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011
9C: Consideration of application for permit to import substance
The Environmental Protection Authority must, in considering an application for a permit, have regard to the following matters to the extent that they are relevant:
a: the amount of the substance that is available for allocation:
b: the total amount of the substance for which applications have been received:
c: the importance of the use to which the substance will be put:
d: whether there is a viable alternative to the use of the substance that would be less harmful to the environment. Section 9C inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011
9D: Conditions on permits to import substance
If the regulations authorise the Environmental Protection Authority to impose conditions on the grant of a permit, the conditions may address the following matters:
a: the use to which the substance will be put in New Zealand:
b: restriction or prohibition on transfer of an entitlement arising from a permit:
c: the provision of information (including photographs) to the Environmental Protection Authority concerning the identification, movement, and location of the substance and compliance with conditions:
d: the insurance requirements relating to the importation of the substance and its presence in New Zealand:
e: control and ownership of the substance:
f: restriction or prohibition on the grant of a security interest in the substance:
g: the labelling, packaging, handling, storage, transport, processing, or disposal of the substance:
h: liability for the substance if it cannot be used for the purpose for which it was imported. Section 9D inserted 1 July 2011 section 8 Ozone Layer Protection Amendment Act 2011 Codes of practice
10: Codes of practice
1: The Minister
a: the manufacture or use of any goods containing or designed to use, or manufactured using, controlled substances; or
b: the installing, operating, servicing, modifying, or dismantling of any equipment containing or designed to use, or manufactured using, controlled substances; or
c: the supply or use of any controlled substance,— or any representative of such persons, to submit for approval a code of practice to be observed in the course of carrying on that business.
2: Any such notice—
a: shall require that the code of practice incorporate appropriate training programmes for persons in the business; and
b: shall set out any other matters to be incorporated in the code of practice, and any matters incidental thereto; and
c: shall advise the recipient of the offences prescribed by subsection (3) and section 13
3: Any person or representative who fails, within 6 months after the date on which any such notice is sent to the person, to submit for approval a code of practice complying with the notice, commits an offence, and is liable on 1990 No 50 s 33 Section 10(1) amended 1 July 2011 section 9 Ozone Layer Protection Amendment Act 2011 Section 10(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Accreditation
11: Accreditation of persons handling ozone depleting substances
1: Any person whose business is or includes—
a: the installation, servicing, modifying, or dismantling of any equipment containing or designed to use, or manufactured using, any ozone depleting substance; or
b: the direct handling of ozone depleting substances involving a possible risk of release of those substances into the atmosphere,— may be required, by regulations made under section 16
2: The purpose of accreditation shall be to ensure that persons handling ozone depleting substances are aware of their obligations under this Act and have sufficient knowledge to comply with those obligations.
3: Any person who is required to be accredited under this section commits an offence who, without being accredited,—
a: installs, services, modifies, or dismantles any equipment containing or designed to use, or manufactured using, any ozone depleting substance; or
b: otherwise directly handles ozone depleting substances in a way that involves a possible risk of release of those substances into the atmosphere,— and is liable on Section 11(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
12: Industry may be required to prepare draft accreditation schemes
1: For the purpose of assisting with accreditation, the Minister
a: the class of persons that should be accredited; and
b: the conditions for accreditation; and
c: the system for granting accreditation; and
d: such other matters as the notice may specify.
2: Any person who fails without reasonable excuse, within 6 months after the date on which any such notice is sent to the person, to submit a draft accreditation scheme, commits an offence, and is liable on Section 12(1) amended 1 July 2011 section 10 Ozone Layer Protection Amendment Act 2011 Section 12(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Forms Heading inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011
12A: Environmental Protection Authority may approve forms
The Environmental Protection Authority may approve forms for the purposes of this Act. Section 12A inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011 Register Heading inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011
12B: Register
1: The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Ozone Layer Protection Register.
2: The register may be kept in the form of information stored electronically.
3: The Crown owns all information contained in the register. Section 12B inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011
12C: Information to be included in register
1: The register must record—
a: the details of permits granted under regulations; and
b: the details of exemptions granted under section 8
c: any other information required to comply with New Zealand's international obligations and that is prescribed by regulations.
2: In relation to a permit, the register must specify—
a: the name and address of the person to whom the permit was granted; and
b: the substance or goods to which the permit relates; and
c: the amount of the substance or goods that the permit allows to be imported, exported, manufactured, or sold; and
d: the terms and conditions on which the permit was granted; and
e: any other information required by regulations.
3: In relation to an exemption, the register must specify—
a: the name and address of the person to whom the exemption was granted; and
b: the substance or goods to which the exemption relates; and
c: the amount of the substance or goods that the exemption allows to be imported, exported, manufactured, or sold; and
d: the reason for granting the exemption; and
e: the terms and conditions on which the exemption was granted; and
f: any other information required by regulations.
4: The register may record any other information that the Environmental Protection Authority considers appropriate. Section 12C inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011
12D: Environmental Protection Authority to allow New Zealand Customs Service access to register
The Environmental Protection Authority must allow the New Zealand Customs Service to have access to the register. Section 12D inserted 1 July 2011 section 11 Ozone Layer Protection Amendment Act 2011 Offences and penalties
13: Offences
Subject to any regulations made under this Act, every person commits an offence against this Act who—
a: imports or exports any substances or goods in contravention of this Act; or
b: manufactures or uses any substances, or manufactures any goods, in contravention of this Act; or
c: knowingly, recklessly, or negligently sells any goods in contravention of this Act; or
d: fails without lawful justification or excuse to comply with any term or condition of any import permit or exemption; or
e: makes a statement or produces a document knowing that it is false or misleading in a material particular for the purpose of—
i: obtaining a permit or an exemption; or
ii: importing or exporting any substances or goods in contravention of this Act; or
f: knowingly or without lawful justification or excuse releases a controlled substance into the atmosphere while—
i: installing, operating, servicing, modifying, or dismantling any refrigeration or air-conditioning equipment or other heat-transfer medium; or
ii: installing, servicing, modifying, or dismantling any fire extinguisher. 1990 No 50 s 34
14: Defence for release of ozone depleting substance
Without limiting the circumstances in which a person may have a lawful justification or excuse, a person is justified or excused in releasing a controlled substance into the atmosphere in circumstances where—
a: the person is carrying out an action referred to in subparagraph (i) or subparagraph (ii) of section 13(f)
b: the release occurred during the connection or disconnection of equipment used to transfer controlled substances from one container to another container; and
c: the release could not reasonably have been avoided. 1990 No 50 s 34(5)
15: Penalties
1: Every person who commits an offence against paragraph (a) or paragraph (b) or paragraph (c) of section 13
2: Every person who commits an offence against paragraph (d) or paragraph (e) of section 13
3: Every person who commits an offence against paragraph (f) of section 13 1990 No 50 s 35 Section 15(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 15(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 15(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
3: Regulations
16: Regulations
1: Subject to sections 17 to 19
a: protecting human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer:
b: phasing out ozone depleting substances as soon as possible except for essential uses:
c: giving effect to New Zealand's obligations under the Convention and the Protocol:
d: giving effect to the terms of any other international agreement relating to the protection of the ozone layer to which New Zealand is a party:
da: prescribing the particulars of permits and exemptions to be shown in the Ozone Layer Protection Register:
e: prescribing offences in respect of the contravention of or non-compliance with any provision of any regulations made under this Act, and prescribing fines, not exceeding $5,000, that may, on
f: providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and its due administration.
2: A prohibition imposed under this section—
a: may be general; or
b: may be limited to substances or goods from a specified place or by or from a specified person or class of persons; or
c: may, whether general or limited, be absolute or conditional.
3: A conditional prohibition may allow for anything to be done—
a: under the authority of a permit:
b: on or subject to any terms and conditions as may be imposed by the person granting the permit or as may be prescribed.
4: Regulations under this section are secondary legislation ( see Part 3 1988 No 157 s 3(2), (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 16(1) amended 1 July 2011 section 12(a) Ozone Layer Protection Amendment Act 2011 Section 16(1)﻿(da) inserted 1 July 2011 section 12(b) Ozone Layer Protection Amendment Act 2011 Section 16(1)﻿(e) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 16(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
17: Consultation requirements before regulations made
1: The Minister section 16
2: The Minister may also publicise the proposal via the daily public newspapers in the main centres or any other publications, or in any other manner, that the Minister considers appropriate.
3: The Minister shall give persons notified of any such proposal under subsection (1) or subsection (2) such time and opportunity as the Minister considers adequate to comment on the proposed subject matter of the regulations.
4: Any notification of any proposal under subsection (1) or subsection (2) shall—
a: specify the proposed subject matter of the regulations and any relevant supporting documentation, or advice on where this may be obtained; and
b: invite submissions from any person on the proposed regulations; and
c: specify the address to which submissions must be made, and the closing date for the receipt of submissions.
5: The Minister
6: A failure to comply with this section shall not affect the validity of any regulations made under this Act. Section 17(1) amended 1 July 2011 section 13 Ozone Layer Protection Amendment Act 2011 Section 17(5) amended 1 July 2011 section 13 Ozone Layer Protection Amendment Act 2011
18: Additional requirement before regulations made
The Minister must section 16 1990 No 50 s 53(2)﻿(b) Section 18 amended 1 July 2011 section 14 Ozone Layer Protection Amendment Act 2011
19: Manufacture of goods not to be prohibited unless importation also prohibited
No regulations shall be made under this Act prohibiting the manufacture in New Zealand of any goods unless, at the same time, regulations are made under this Act prohibiting the importation of those goods. 1990 No 50 s 24(3)
20: Updating text of Convention, etc
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: amending Schedule 1
b: revoking Schedule 1
c: setting out from time to time the up-to-date text of the Protocol.
2: Regulations under this section are secondary legislation ( see Part 3 1990 No 50 s 53(1) 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 20(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
4: Enforcement
21: Purpose for which powers may be exercised
The powers conferred by this Part may be exercised to the extent reasonably necessary for the purpose of ensuring compliance with this Act and any regulations made under this Act. 1990 No 50 s 36
22: Power of inspection
1: If, in the opinion of any officer, there are reasonable grounds for believing that any person has committed, or is committing, any offence against this Act, that officer may require that person to produce for inspection any substances or goods, or any books, documents, or other records, relating to the offence.
2: Any officer may inspect, and may make or cause to be made copies of, or extracts from, any books, documents, or other records produced in accordance with subsection (1)
3: Any officer may inspect any substances or goods produced in accordance with subsection (1) and, where the officer has reasonable grounds to believe that the substances or goods may be evidence of an offence against this Act, may take or obtain samples of any such substances or goods.
4: Every 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 officer; and
b: evidence of that person's identity.
5: Every person commits an offence and is liable on
6: Nothing in this section shall limit or affect the privilege against self-incrimination. 1990 No 50 s 37 Section 22(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
23: Search warrants
1: Any issuing officer (within the meaning of section 3 subpart 3
2: Every search warrant shall be directed either to a constable constable constable
3: The provisions of Part 4 sections 118 119
4:
5:
6:
7:
8:
9: For the purposes of this section, premises
10: No warrant issued under this section shall authorise any person executing it to enter or search any restricted area within a defence area unless that person has a security clearance approved by the person in charge of the area. 1990 No 50 s 38 Section 23(1) amended 1 October 2012 section 288(1) Search and Surveillance Act 2012 Section 23(2) amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 23(3) replaced 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(4) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(5) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(6) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(7) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012 Section 23(8) repealed 1 October 2012 section 288(2) Search and Surveillance Act 2012
24: Seizure by Customs officers
Any Customs officer who, in the course of exercising a power conferred on that officer under the Customs and Excise Act 2018 1990 No 50 s 40 Section 24 amended 1 October 2018 section 443(3) Customs and Excise Act 2018
25: Retention of property seized
If any constable or officer seizes any substance or goods under this Act, subparts 1 6 7 9 10 2012 Section 25 replaced 1 October 2012 section 289 Search and Surveillance Act 2012
26: Forfeiture
1:
2:
3: Where any person has been convicted of an offence against paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of section 13 1990 No 50 s 42 Section 26 heading amended 1 October 2012 section 290(1) Search and Surveillance Act 2012 Section 26(1) repealed 1 October 2012 section 290(2) Search and Surveillance Act 2012 Section 26(2) repealed 1 October 2012 section 290(2) Search and Surveillance Act 2012 Section 26(3) amended 1 July 2011 section 16 Ozone Layer Protection Amendment Act 2011
5: Miscellaneous provisions
27: Review of reduction timetables
The Minister must 1990 No 50 s 48 Section 27 amended 1 July 2011 section 17 Ozone Layer Protection Amendment Act 2011
28: Other Acts not affected
The provisions of this Act are in addition to, and not in substitution for, the provisions of any other enactment relating to the importation, exportation, manufacture, sale, or use of any substances or goods, and nothing in this Act shall limit or otherwise affect any such provisions. 1990 No 50 s 50
29: Protection of officers and others
A person who does any act in pursuance or intended pursuance of any of the functions conferred on that person under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground, unless the person has acted, or omitted to act, in bad faith or without reasonable cause. 1990 No 50 s 51
30: Annual report
1: The Minister must,
2: The Minister must
3: Every such report shall, among other things, specify—
a: the details of any exemptions granted during the year under this Act; and
b: such other matters as may be prescribed. 1990 No 50 s 52 Section 30(1) amended 1 July 2011 section 18(1) Ozone Layer Protection Amendment Act 2011 Section 30(2) amended 1 July 2011 section 18(2) Ozone Layer Protection Amendment Act 2011
31: Repeals and revocations
1: The enactments specified in Schedule 2
2: The regulation and orders specified in Schedule 3
3: Amendment(s) incorporated in the Act(s)
32: Transitional provision relating to consultation on first regulations
Any consultation carried out before the commencement of this Act relating to the first regulations to be made under this Act shall be deemed to have been carried out under this Act.
33: Savings
Every permit granted under the Import Control (Methyl Bromide) Conditional Prohibition Order 1994 Import Control (Hydrochlorofluorocarbons) Conditional Prohibition Order 1995