New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 20 April 2010
| Public Act | 1996 No 30 |
| Date of assent | 10 June 1996 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry for the Environment
1 Short Title and commencement
2A Meaning of term new organism
5 Principles relevant to purpose of Act
6 Matters relevant to purpose of Act
Part 3
Powers, functions, and duties
10 Powers, functions, and duties of Minister
11 Powers, functions, and duties of Authority
12 Powers, functions, and duties of enforcement officers
Part 4
Environmental Risk Management Authority
16 Eligibility for appointment as member of Authority
17 Restriction on Ministerial direction
18 Further provisions applying in respect of Authority
20 Obligation to prepare and maintain register
20A Register of exposure limits for substances with toxic or ecotoxic properties
24 Power to request information
Part 4A
Nga Kaihautu Tikanga Taiao
24A Establishment of Nga Kaihautu Tikanga Taiao
24B Function of Nga Kaihautu Tikanga Taiao
24C Appointment and remuneration of members and chair
24D Review of terms of reference
Part 5
Assessment of hazardous substances and new organisms
Prohibition of import, etc, and types of approval
25AA This Part subject to Part 5A [Repealed]
25 Restriction of import, manufacture, development, field testing, or release
25A Prohibition of import, manufacture, or use of persistent organic pollutants
25B Prohibition on storage of persistent organic pollutants
25C Continuation of certain exemptions under Toxic Substances Regulations 1983
25D Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
26 Determination of new organism or hazardous substance
27A Approvals at any taxonomic classification
Approvals for hazardous substances
28 Application for approval to import or manufacture hazardous substances
28A Rapid assessment for importation or manufacture of hazardous substances
29 Determination of applications
29A Approvals for innovative agricultural compounds and medicines [Repealed]
29B Applications relating to persistent organic pollutants
Containment approvals for hazardous substances
30 Importing hazardous substances in containment
31 Application for hazardous substance containment approval
33 Exemptions from Act for small-scale research on hazardous substances
Assessment of new organisms for importation or release
34 Application for approval to import or release
34A Applications for conditional release and for release in respect of same new organism
35 Rapid assessment of risk for importation of new organisms
37 Additional matters to be considered
38 Determination of applications to import or release
Conditional release of new organisms
38A Application for approval to import or release new organism with controls
38B Application under section 34 may be treated as application under section 38A
38BA Rapid assessment of risk for importation or release of new organisms with controls
38C Determination of applications to import or release new organisms with controls
38E Duration of conditional release approval
38F Consequences of expiry of conditional release approval
38G Review of controls on conditional release approval
38H Restriction on release of new organism subject to conditional release approval
Release of qualifying organisms
38I Assessment of applications for release of qualifying organisms
38J Procedure for assessing and approving application by responsible chief executive
38L Review of controls for qualifying organisms
Containment approval for new organisms
39 Importation or development of new organisms in containment
40 Application for containment approval for new organisms
41 Assessment of adverse effects of developing genetically modified organisms
42 Rapid assessment of adverse effects for development of genetically modified organisms
42A Rapid assessment of projects for low-risk genetic modification
42B Rapid assessment of adverse effects for importation of genetically modified organisms into containment
42C Rapid assessment of adverse effects for development in containment, etc, of certain new organisms
43 Additional matters to be considered when application made for developing new organisms in containment
44 Additional matters to be considered on applications for importing and field testing of organisms
44A Additional matters to be considered for certain developments and field tests
45 Determination of application
45A Controls required for certain developments and for all field tests
45B Animals in circus or zoological garden deemed approved under section 255
Use of hazardous substances and new organisms in emergencies
47 Application for approval to use a hazardous substance or new organism in an emergency
48 Determination of applications
49 Exemptions from provisions of Act in emergencies
Rapid assessment and approval of agricultural compounds and medicines in special emergencies
49B Declaration of special emergency
49C Application of sections 49D to 49K
49D Application for approval to use agricultural compound or medicine in special emergency
49F Determination of applications
49G Controls attaching to approval of application
49H Notification or publication of approval of application
49I Effect of approval of release
49K Consequences of expiry of approval
Rapid assessment and approval of other hazardous substances in special emergencies
49L Rapid assessment and approval of other hazardous substances in special emergencies
51 Transhipment of substances and organisms
52 Applicant may be required to provide further information
53 Applications required to be publicly notified
53A Method of public notification
55 Information held on behalf of applicant
56 Consideration of information withheld under Official Information Act 1982
57 Authority to withhold information
61 Provisions relating to hearings
62 Grounds for reassessment of a substance or organism
63A Modified reassessment procedure for amendments to approvals of hazardous substances
63B Proposal for group standard may be consulted on in same way as reassessment
64 Suspension of approvals during reassessment
65 No compensation following reassessment
66 Requirement for disposing of substances
66A Disposal of persistent organic pollutants
67 Authority to direct disposal of new organisms
67A Minor or technical amendments to approvals
68 Minister's power to call in applications with significant effects
69 Notification of Minister's direction
70 Minister may appoint persons
71 Conduct of inquiry by Authority
72 Authority to report to Minister
73 Minister to decide application and notify decision
Part 5A
Restrictions on approving certain applications
[Repealed]
73A Interpretation [Repealed]
73B Application [Repealed]
73C Authority must not consider or approve certain applications during restricted period [Repealed]
73D Additional information required for certain applications [Repealed]
73E Additional matters Authority must consider for certain applications [Repealed]
73F No compensation [Repealed]
74 Establishment of hazard classification system
75 Regulations prescribing hazard classification control
76 Requirements for containers, identification, disposal, emergencies, tracking, and fireworks
77 Controls on hazardous substances
77A Authority's power to impose controls and vary specified controls
77B Exposure limits for substances with toxic or ecotoxic properties
79 Codes may be approved by Authority
82 Issue of test certificates by test certifiers
82A Register of test certificates
82B Delegation by approved person
82C Revocation of test certificates
83 Applications for approval as test certifier
84 Processing applications for approval as test certifier
85 Register of test certifiers
87 Establishment of transferable permit scheme
88 Authority to recommend establishment
89 Transferable permit scheme and variation of controls
91 Contents of transferable permits
94 Transferable permit not to be mortgaged
95 Prohibition on import or manufacture until transferable permit obtained
96 Report on environmental user charges
96C When group standards may be issued or amended
96D Revocation of group standards
96F Hazardous substances in group standards if Parts 11 to 15 apply
Part 7
Inspection, enforcement, and ancillary powers
97A Enforcement of Act in respect of new organisms
97B Enforcement of Act in respect of hazardous substances in place of work
98 Co-ordination of inspection
98A Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers
100 Appointment of enforcement officers
101 Duty of territorial authorities
103 Powers of entry for inspection
105 Compliance with compliance order
106 Form and content of compliance order
107 Service of compliance order
108 Cancellation of compliance order
109A Time for laying information
109B Extension of time for laying information
111 Commission of infringement offence
113 Entitlement to infringement fees
115 Liability of employers and principals
116 Liability of directors and officers of bodies corporate
117 Strict liability and defences
118 Fines to be paid to territorial authority instituting prosecution
120 Dealing with property seized by enforcement officers
121 Application of Customs and Excise Act 1996 to hazardous substance imported in breach of this Act
122 Power to require hazardous substance to leave New Zealand
123 Declaration that organism not genetically modified
124 Responsibilities of carrier and person in charge of any craft
Part 7A
Pecuniary penalties and civil liability for breaches relating to new organisms
124C Amount of pecuniary penalty
124D Other orders instead of or in addition to pecuniary penalty order
124E Standard of proof and procedural matters
124F Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings
Civil liability for acts and omissions while in breach
124H Defences to liability under section 124G
Liability for acts and omissions of others
124I Breaches, acts, and omissions by directors, employees, or agents
128 Right to appear and be heard on appeal
129 Parties to appeal before High Court
131 Additional appeals on points of law
134 Appeals to Court of Appeal
138 Compensation for property requisitioned or destroyed
139 Protection of enforcement officers and persons
Part 10
Miscellaneous provisions
140A Persistent organic pollutants
140B Schedule 1AA may be amended or substituted
141 Procedure for making Orders in Council
141A Incorporation of material by reference
141B Amendment to, or replacement of, material incorporated by reference
141C Proof of material incorporated by reference
141D Material incorporated by reference that ceases to have effect
141E Notice must be provided to committee responsible for examining regulations
141F Requirement to consult on proposal to amend or replace material incorporated by reference
141G Access to material incorporated by reference in regulations
141H Access to material incorporated by reference in group standard, notice of transfer, or code of practice
141I Application of Acts and Regulations Publication Act 1989 and Regulations (Disallowance) Act 1989
142 Relationship to other Acts
142A Exemptions from approval requirements [Expired]
143 Notification of hazardous substances injuries
145 Ombudsmen Act 1975 amended [Repealed]
146 Authority to be Crown entity [Repealed]
147 Additional matters to be included in statement of intent
148 Additional reporting requirements
Part 11
Transitional provisions—general
[Expired]
151 Interpretation [Expired]
152 Expiry of transitional provisions [Expired]
152A Expiry of transitional provisions in relation to persistent organic pollutants [Expired]
153 Exemption in case of licence application [Expired]
154 Exemptions from regulations and provisions of Parts 11 to 16 [Expired]
155 Applications made under transitional provisions [Expired]
156 Offences against Parts 11 to 16 [Expired]
158 Suspension and cancellation of licences [Expired]
159 Continuation of Pesticides Board and Toxic Substances Board [Expired]
160 Regulations relating to transitional provisions [Expired]
160A Notices of transfer relating to transitional matters [Expired]
160B Controls may be imposed for purposes of notice of transfer [Expired]
161 Regulations saved [Expired]
162 Reassessment of substances and organisms [Expired]
Part 12
Transitional provisions—pesticides
[Expired]
163 Interpretation [Expired]
164 Application of this Part [Expired]
164A Protection of information [Expired]
165 Sale, importation, and use of pesticides [Expired]
167 Advertisements [Expired]
168 Review and revocation of registration [Expired]
169 Transfer of proprietors' rights [Expired]
170 Sale of pesticides in bulk [Expired]
171 Warranties [Expired]
172 Pesticide register [Expired]
173 Regulations relating to all pesticides [Expired]
174 Regulations relating to controlled pesticides [Expired]
175 Interpretation [Expired]
176 Restrictions on use of controlled pesticides [Expired]
177 Qualifications for approved operator licence [Expired]
178 Dealing with applications [Expired]
179 Effect of licences [Expired]
180 Duration of licences [Expired]
181 Variation of terms and conditions of licences [Expired]
182 Register of approved operators [Expired]
Part 13
Transitional provisions—toxic substances
[Expired]
183 Interpretation [Expired]
184 Application of this Part [Expired]
184A Protection of information [Expired]
185 Restrictions on sales of deadly poisons and dangerous poisons [Expired]
186 Sale and packing of poisons [Expired]
187 Further restrictions on sale of poisons [Expired]
188 Containers [Expired]
189 Custody of poisons and harmful substances [Expired]
190 Storage of poisons and harmful substances [Expired]
191 Packing of poisons and harmful substances [Expired]
192 Restriction on possession and use of deadly poisons and dangerous poisons [Expired]
193 Control of advertisements [Expired]
194 Disposal of surplus poisons to other user or licensee [Expired]
195 Exemptions for pharmacists [Expired]
196 Exemptions for veterinarians [Expired]
197 Exemptions for certain other persons [Expired]
198 Exemptions for agents and employees [Expired]
199 Applications for licences [Expired]
200 Dealing with applications [Expired]
201 Effect of licences [Expired]
202 Duration of licences [Expired]
203 Records of sales [Expired]
205 Interpretation [Expired]
206 Packing of imported toxic substances [Expired]
207 Notice to be given of imported toxic substances [Expired]
208 Application of toxic substances regulations [Expired]
Part 14
Transitional provisions—dangerous goods
[Expired]
209 Interpretation [Expired]
210 Application of this Part [Expired]
211 Restrictions on storage and use of dangerous goods [Expired]
212 Restrictions on containers [Expired]
213 Containers of dangerous goods to be specially marked [Expired]
214 Pumps for reselling dangerous goods [Expired]
215 Restrictions on use of gases in balloons [Expired]
216 Phosphorus matches [Expired]
217 Licensing of premises for storage of dangerous goods [Expired]
218 Provisional licences [Expired]
219 General provisions as to licences [Expired]
220 Renewal of licences [Expired]
221 Continuing application of dangerous goods regulations [Expired]
Part 15
Transitional provisions—explosives
[Expired]
222 Interpretation [Expired]
223 Classification of explosives [Expired]
224 Application of this Part [Expired]
225 Importation of explosives [Expired]
226 Permit for importation of fireworks [Expired]
227 Licence to manufacture explosives [Expired]
228 Factory not to be altered without consent of Authority [Expired]
229 Fireworks not to be sold to persons under 14 years of age [Expired]
230 Application of following sections [Expired]
231 Explosives not to be sold without licence [Expired]
232 Restriction on sale of fireworks [Expired]
233 Sale of explosives [Expired]
234 Storage of explosives [Expired]
235 Certain explosives not to be carried without consent of Authority [Expired]
236 Licence required to carry certain explosives [Expired]
237 Carriage of explosives in vehicles or vessels carrying passengers [Expired]
238 Firework displays [Expired]
239 Private storage [Expired]
240 Conditions of licence [Expired]
241 Public magazines [Expired]
242 Private magazines [Expired]
243 Private magazine not to be altered without consent [Expired]
244 Danger buildings [Expired]
245 Notices on danger buildings [Expired]
246 Repairs or alterations to danger buildings [Expired]
247 Protective clothing, etc [Expired]
248 Employment of young persons in danger buildings [Expired]
249 Packing and marking of explosives [Expired]
250 Handling of explosives [Expired]
251 Abandonment or disposal of explosives [Expired]
252 Damaged, defective, or unsafe explosives [Expired]
253 Continuation of regulations [Expired]
Part 16
Transitional provisions—new organisms
[Expired]
255 Zoological gardens [Expired]
257 Approvals for genetically modified organisms [Expired]
258 Import permits [Expired]
259 Micro-organisms lawfully in use [Expired]
Schedule 1AA
Stockholm Convention on Persistent Organic Pollutants
Schedule 1
Provisions relating to Environmental Risk Management Authority
Schedule 2
Prohibited new organisms
Schedule 2A
Persistent organic pollutants
Schedule 6
Regulations and orders revoked
Schedule 7
List of substances relevant to transitional provisions
[Expired]
An Act to restate and reform the law relating to the management of hazardous substances and new organisms
BE IT ENACTED by the Parliament of New Zealand as follows: