2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  advertisement means any publication to the community or to any section of the community of any words, whether written or printed, spoken, or in any electronic form, or of any pictorial representation or design or device, used to promote the sale of any hazardous substance; and to advertise has a corresponding meaning

  aircraft has the same meaning as in section 2 of the Civil Aviation Act 1990

  amenity values means those natural or physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes

  approved form means a form approved by the Authority under section 11(1)(fa)

  Authority or EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

  bioaccumulation means accumulation within the tissues of living organisms

  building has the same meaning as in section 7 of the Building Act 2004

  by-product means an incidental or secondary product made in the manufacture of another product

  carrier, in relation to a craft, means the owner or charterer of the craft; and, where the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer or, if there is no such agent in New Zealand, the person in charge

  code of practice means any document issued or approved in accordance with section 78

  compound means any chemical combination of chemical elements

  conditional release approval means an approval under section 38BA or 38C

  conditionally released new organism means a new organism that is subject to a conditional release approval

  container means any vessel or structure, whether moveable or fixed, in which hazardous substances may be cased, covered, enclosed, contained, or packed; and—

  • (a) includes,—

    • (i) any vessel (other than part of a vehicle's fuel system) which forms an integral part of any vehicle; and

    • (ii) any stationary container; and

    • (iii) any package;

  • (b) does not include any landfill

  containment means restricting an organism or substance to a secure location or facility to prevent escape; and includes, in respect of genetically modified organisms, field testing and large-scale fermentation

  containment facility means,—

  • (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, or 45

  containment structure means a containment facility that is a vehicle, room, building, or other structure, set aside and equipped for the development of genetically modified organisms

  controller means the person for the time being in charge of a location or facility

  controls means any obligations or restrictions imposed on any hazardous substance or new organism, or on any person in relation to any hazardous substance or new organism, by this or any other Act or any regulations, rules, codes, or other documents made in accordance with the provisions of this or any other Act for the purposes of controlling the adverse effects of that substance or organism on people or the environment

  craft means any form of aircraft, ship, or other vehicle or vessel capable of being used to transport any substance to or from New Zealand from or to any country outside New Zealand

  Crown entity—

  • (a) has the same meaning as in section 7(1) of the Crown Entities Act 2004; and

  • (b) includes an organisation named or described in Schedule 4 of the Public Finance Act 1989

  Customs officer means any person holding office as a Customs officer appointed under the Customs and Excise Act 1996

  department has the same meaning as in section 2 of the State Sector Act 1988

  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 means,—

  • (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 has the same meaning as in section 2 of the Gas Act 1992

  ecotoxic means capable of causing ill health, injury, or death to any living organism

  effect includes—

  • (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 means an enforcement officer appointed under section 98 or section 99(3)

  environment includes—

  • (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 means an amount of money payable per unit mass of a hazardous substance

  environmentally sound disposal, in relation to a substance that is a persistent organic pollutant, means disposal in accordance with directions given by the Authority by notice in the Gazette, being directions that are not inconsistent with Article 6 of the Stockholm Convention

  explosive means capable of sudden expansion owing to a release of internal energy; and includes the capability to generate—

  • (a) deflagration; or

  • (b) pyrotechnic effects,—

  and explosion has a corresponding meaning

  exportation has the same meaning as in section 2(1) of the Customs and Excise Act 1996; and to export has a corresponding meaning

  exposure limit means an environmental exposure limit, a tolerable exposure limit, or a workplace exposure standard (as these terms are defined in section 77B(6))

  field test means, in relation to an organism, the carrying on of trials on the effects of the organism under conditions similar to those of the environment into which the organism is likely to be released, but from which the organism, or any heritable material arising from it, could be retrieved or destroyed at the end of the trials

  firework means an object containing small quantities of hazardous substances with explosive properties enclosed in a case of paper or similar material of such a strength, construction, and character that the ignition or explosion of one such firework will not cause the explosion en masse of similar fireworks kept or carried with it, and whose sole or principal effect is not percussive or vertical or horizontal flight

  gas appliance has the same meaning as in section 2 of the Gas Act 1992

  gas installation has the same meaning as in section 2 of the Gas Act 1992

  genetic element, in relation to a new organism, means—

  • (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 means, unless expressly provided otherwise by regulations, any organism in which any of the genes or other genetic material—

  • (a) have been modified by in vitro techniques; or

  • (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 techniques

  hazard classification means a combination of the hazardous property of a substance and the level or type of hazard related to that property prescribed in accordance with section 74

  hazardous substance means, unless expressly provided otherwise by regulations, any substance—

  • (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, in relation to a new organism, means viable biological material, including gametes and spores, arising from the organism that can, without human intervention, regenerate the organism or reproduce a new generation of the same species of the organism

  host organism means an organism that is the subject of a genetic modification procedure

  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 means the provision of any information about a substance or organism which—

  • (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, in relation to new organisms, has the same meaning as in section 2(1) of the Biosecurity Act 1993

  importation, in relation to hazardous substances, has the same meaning as in section 2(1) of the Customs and Excise Act 1996; and to import, in relation to those substances, has a corresponding meaning

  incidentally imported new organism means a new organism that is imported in or on goods, but is not—

  • (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

  inseparable organism means any organism which is unable to be separated from any other organism

  intrinsic values, in relation to ecosystems, means those aspects of ecosystems and their constituent parts which have value in their own right, including—

  • (a) their biological and genetic diversity; and

  • (b) the essential characteristics that determine an ecosystem's integrity, form, functioning, and resilience

  laboratory means a vehicle, room, building, or any other structure set aside and equipped for scientific experiments or research, for teaching science, or for the development of chemical or medicinal products

  landfill means any premises used for the lawful deposit or disposal of waste materials into or onto land

  lifecycle, in relation to a substance, means the time for which the substance is in existence from (and including) its manufacture or importation to its disposal

  light rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

  local authority means a territorial authority or a regional council

  manufacture, in relation to a hazardous substance, includes the mining or extraction of any hazardous substance

  member means a member of the Authority

  Minister means the Minister for the Environment

  motor vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998

  natural and physical resources has the same meaning as in section 2(1) of the Resource Management Act 1991

  new organism has the meaning given to it by 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, that is capable of replicating itself, whether that structure comprises all or only part of an entity, and whether it comprises all or only part of the total genetic structure of an entity:

  • (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; and

  • (b) includes a substance 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 includes the Crown

  place of work has the same meaning as in section 2(1) and (3) of the Health and Safety in Employment Act 1992

  port of entry has the same meaning as in the Customs Act 1966

  premises includes a dwelling, building, aircraft, ship, carriage, vehicle, box, receptacle, and place

  prescribed means prescribed by regulations made under this Act

  public health has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000

  public notice means—

  • (a) a method determined by the Authority under section 53A; or

  • (b) if section 53A does not apply or no method has been determined under that section, a notice published in 1 or more daily newspapers circulating in the main metropolitan areas together with such other public notice (if any) as the Authority or Minister thinks fit

  qualifying medicine means a medicine or new medicine (as defined in section 3 of the Medicines Act 1981) that—

  • (a) is or contains a new organism; and

  • (b) meets the criteria set out in section 38I(3)

  qualifying organism means a new organism that is or is contained in a qualifying medicine or qualifying veterinary medicine

  qualifying veterinary medicine means a veterinary medicine (as defined in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997) that—

  • (a) is or contains a new organism; and

  • (b) meets the criteria set out in section 38I(3)

  rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005

  railway line has the same meaning as in section 4(1) of the Railways Act 2005

  regional council means a regional council within the meaning of the Local Government Act 2002

  regulations means regulations in force under this Act

  release, in relation to new organisms, means to allow the organism to move within New Zealand free of any restrictions other than those imposed in accordance with the Biosecurity Act 1993 or the Conservation Act 1987

  research and development, in relation to a hazardous substance, means systematic investigation or experimentation activities that involve the hazardous substance

  responsible chief executive means the chief executive of the Authority and the chief executive of the department for the time being responsible for the administration of the Medicines Act 1981 or the Agricultural Compounds and Veterinary Medicines Act 1997, as the case may be

  risk species means any species, subspecies, infrasubspecies, variety, strain, or cultivar prescribed as a risk species under section 140

  road has the same meaning as in section 2(1) of the Land Transport Act 1998

  serious environmental damage means any environmental damage prescribed under section 140

  serious harm has the same meaning as in Schedule 1 of the Health and Safety in Employment Act 1992

  ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

  stationary container means any building or part of a building, or vessel supported by or incorporated in any building, which is expressly designed to contain any hazardous substance

  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; and

  • (b) includes any amendments to, or substitutions of, the Convention or the Annexes that are, or will become, binding on New Zealand

  substance means—

  • (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, to be a different substance from that element or compound:

  • (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, in relation to an organism, means the genus, species, subspecies, infrasubspecies, variety, strain, cultivar, or other appropriate classification that the organism belongs to

  territorial authority means a territorial authority within the meaning of the Local Government Act 2002

  test certificate means a certificate issued by a test certifier in accordance with section 82

  toxic means capable of causing ill health in, or injury to, human beings

  tracking system means a system established under regulations made under section 76

  transferable permit means any permit to import or manufacture a hazardous substance issued in accordance with a transferable permit scheme

  transferable permit scheme means any scheme established in accordance with section 87

  transhipment means the importation into New Zealand of a hazardous substance or new organism solely for the purpose of export within 20 working days to another destination outside New Zealand

  Treaty of Waitangi (Te Tiriti o Waitangi) has the same meaning as the word Treaty as defined in section 2 of the Treaty of Waitangi Act 1975

  weapons system means any ammunition, explosive, or propellant; and includes any platform designed to carry any combination thereof

  working day means any day except—

  • (a) a Saturday, a Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign's birthday, and Waitangi Day; and

  • (b) a day in the period commencing on 20 December in any year and ending with 15 January in the following year.

  (2) For the purposes of paragraph (a) of the definition of the term substance in section 2(1), the definition of any mixture of elements or mixture of compounds may include a range of percentages of the elements or compounds making up the substance.

  Section 2(1) aerodrome: repealed, on 20 April 2010, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 2(1) approved form: inserted, on 31 December 2000, by section 3(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 2(1) approved form: amended, on 1 July 2011, by section 12 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

  Section 2(1) Authority or EPA: substituted, on 1 July 2011, by section 4 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

  Section 2(1) building: amended, on 31 March 2005, pursuant to section 415(1) of the Building Act 2004 (2004 No 72).

  Section 2(1) conditional release approval: substituted, on 20 April 2010, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 2(1) conditionally released new organism: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) containment facility paragraph (b): amended, on 30 October 2003, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) containment structure: inserted, on 28 May 2002, by section 5 of the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).

  Section 2(1) Crown entity: inserted, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

  Section 2(1) Customs officer: amended, on 1 October 1996, pursuant to section 294(2) of the Customs and Excise Act 1996 (1996 No 27).

  Section 2(1) department: inserted, on 9 April 2008, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

  Section 2(1) develop: substituted, on 9 April 2008, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

  Section 2(1) environmental medium: inserted, on 22 December 2005, by section 3(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 2(1) environmentally sound disposal: inserted, on 23 December 2004, by section 4 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

  Section 2(1) exportation: amended, on 1 October 1996, pursuant to section 290(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 2(1) exposure limit: inserted, on 22 December 2005, by section 3(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 2(1) field test: amended, on 30 October 2003, by section 4(4) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) genetic element: inserted, on 28 May 2002, by section 5 of the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).

  Section 2(1) heritable material: inserted, on 28 May 2002, by section 5 of the Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13).

  Section 2(1) host organism: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) human cells: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) importation: amended, on 1 October 1996, pursuant to section 290(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 2(1) incidentally imported new organism: inserted, on 9 April 2008, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

  Section 2(1) laboratory: inserted, on 31 December 2000, by section 3(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 2(1) light rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

  Section 2(1) local authority: inserted, on 22 December 2005, by section 3(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 2(1) motor vehicle: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 2(1) new organism: substituted, on 7 May 1999, by section 2(1) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

  Section 2(1) organism paragraph (a): substituted, on 30 October 2003, by section 4(5) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) organism paragraph (ab): inserted, on 30 October 2003, by section 4(5) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) organism paragraph (c): amended, on 30 October 2003, by section 4(6) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) persistent organic pollutant: inserted, on 23 December 2004, by section 4 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

  Section 2(1) place of work: amended, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

  Section 2(1) place of work: amended, on 5 May 2003, by section 34 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

  Section 2(1) premises: substituted, on 31 December 2000, by section 3(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 2(1) prescribed: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) public health: substituted, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91).

  Section 2(1) public notice: substituted, on 31 December 2000, by section 3(3) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 2(1) qualifying medicine: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) qualifying organism: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) qualifying veterinary medicine: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) rail service vehicle and light rail vehicle: repealed, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

  Section 2(1) rail vehicle: inserted, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

  Section 2(1) railway line: amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

  Section 2(1) regional council: inserted, on 22 December 2005, by section 3(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 2(1) research and development: substituted, on 22 December 2005, by section 3(2) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 2(1) responsible chief executive: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) road: amended, on 1 March 1999, by section 215(1) of the Land Transport Act 1998 (1998 No 110).

  Section 2(1) Stockholm Convention: inserted, on 23 December 2004, by section 4 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

  Section 2(1) taxonomic classification: inserted, on 30 October 2003, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2(1) territorial authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

  Section 2(1) test certificate: substituted, on 7 May 1999, by section 2(2) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

2A Meaning of term new organism

• (1) A new organism is—

  • (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 or 38 to release an organism of the same taxonomic classification; or

    • (ii) the organism is a qualifying organism and an approval has been granted under section 38I to release an organism of the same taxonomic classification without controls; or

    • (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 to release an organism of the same taxonomic classification with the same genetic modification; or

    • (ii) the organism is a qualifying organism and an approval has been granted under section 38I to release an organism of the same taxonomic classification with the same genetic modification without controls; or

    • (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 and other organisms of the same taxonomic classification were lawfully present in New Zealand before the commencement of that section and in a place that was not registered as a circus or zoo under the 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 is a new organism.

  (4) Subsection (3) does not apply to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus.

  Section 2A: inserted, on 7 May 1999, by section 3 of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

  Section 2A(1)(ca): inserted, on 30 October 2003, by section 5(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2A(1)(cb): inserted, on 30 October 2003, by section 5(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2A(2): substituted, on 30 October 2003, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2A(2)(a)(i): amended, on 20 April 2010, by section 5 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 2A(2A): inserted, on 30 October 2003, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 2A(2A)(b): amended, on 9 April 2008, by section 5(1) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

  Section 2A(2A)(c): added, on 9 April 2008, by section 5(2) of the Hazardous Substances and New Organisms Amendment Act 2008 (2008 No 22).

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 hazardous substances controlled by the Minister of Defence and contained in any weapons system.

  (4) The codes of practice developed under subsection (3)—

  • (a) must—

    • (i) be based on the relevant controls (including any group standard conditions) imposed by the Authority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A) for any purpose under this Act; or

    • (ii) meet the relevant requirements prescribed by regulations made in accordance with section 75; and

  • (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 controls (including any group standard conditions) imposed by the Authority on hazardous substances that have been approved by the Authority (including a deemed approval under section 96E or section 160A) for any purpose under this Act; or

    • (ii) meet the relevant requirements prescribed by regulations made in accordance with section 75; and

  • (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 controls on hazardous substances under the control of the Minister of Defence in accordance with section 24(2)(e) of the Defence Act 1990, and report the results to the Minister and the Minister of Defence.

  (7) Any person may report to the Authority a breach of the requirements required to be met by any regulations in relation to hazardous substances under the control of the Minister of Defence.

  (8) Where an incident occurs which involves any hazardous substance under the control of the Minister of Defence and the incident is not being investigated under the Armed Forces Discipline Act 1971, the Authority may, after consultation with the Minister and the Minister of the Crown who is responsible for the Ministry of Justice, direct an inquiry to be held before a District Court Judge.

  (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; and subject to subsections (9) and (10), that Act shall apply accordingly.

  Section 3(4): substituted, on 22 December 2005, by section 4 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 3(5): substituted, on 22 December 2005, by section 4 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 3(8): amended, on 1 October 2003, by section 12(2) of the State Sector Amendment Act 2003 (2003 No 41).

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, on 30 October 2003, by section 6 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

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, and 48, shall take into account the need for caution in managing adverse effects where there is scientific and technical uncertainty about those effects.

  Section 7: amended, on 31 December 2000, by section 4 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

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; and the Authority shall consistently apply that methodology when making such decisions.

  (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, the Authority shall not proceed to determine any application made under Part 5 until an Order in Council has been made under subsection (1).

  (5) No decision of the Authority under Part 5 shall be challenged on the adequacy or otherwise of the methodology developed and applied under subsection (1).

10 Powers, functions, and duties of Minister

• (1) The Minister may—

  • (a) [Repealed]

  • (b) [Repealed]

  • (c) decide any application made under this Act in accordance with the provisions of sections 68 to 73 inclusive of this Act:

  • (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 of the Crown Entities Act 2004.

  (3) This section does not limit section 27 of the Crown Entities Act 2004.

  Section 10(1)(a): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 10(1)(b): repealed, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 10(1)(c): amended, on 7 May 1999, by section 15(a) of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

  Section 10(2): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 10(3): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

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 by any enforcement officer:

  • (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), consult the persons whom the Authority considers are representative of the classes of person who are likely to have an interest in the standards.

  (3) This section does not limit section 17 of the Crown Entities Act 2004.

  Section 11(1)(fa): inserted, on 31 December 2000, by section 5 of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 11(1)(fb): inserted, on 23 December 2004, by section 5 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

  Section 11(1)(fc): inserted, as section 11(1)(fb), on 30 October 2003, by section 7(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 11(1)(fc) paragraph number: substituted, on 20 September 2007, by section 4(1) of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

  Section 11(1)(g): amended, on 1 July 2011, by section 5 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

  Section 11(2): added, on 30 October 2003, by section 7(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 11(2): amended, on 20 April 2010, by section 6 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 11(3): added, as section 11(2), on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 11(3) subsection number: substituted, on 20 September 2007, by section 4(2) of the Hazardous Substances and New Organisms Amendment Act 2007 (2007 No 61).

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.

14 Establishment of Authority

• [Repealed]

  Section 14: repealed, on 1 July 2011, by section 7 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

15 Membership of Authority

• [Repealed]

  Section 15: repealed, on 1 July 2011, by section 7 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

16 Eligibility for appointment as member of Authority

• [Repealed]

  Section 16: repealed, on 1 July 2011, by section 7 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

17 Restriction on Ministerial direction

• The Minister may not give a direction under section 103 of the Crown Entities Act 2004 that relates to the exercise of any power, duty, or function of the Authority under Part 5 or Part 6A of this Act.

  Section 17: substituted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 17: amended, on 1 July 2011, by section 12 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

  Section 17: amended, on 22 December 2005, by section 5 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

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 of Schedule 5 of the Crown Entities Act 2004 applies to the EPA subject to subsection (2).

  Section 18: substituted, on 1 July 2011, by section 8 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

18A Committee may appoint and delegate functions to subcommittee

• (1) A committee appointed by the EPA under clause 14 of Schedule 5 of the Crown Entities Act 2004 may appoint a subcommittee to hear and decide an application to which section 19(2)(b) applies.

  (2) For the purpose of subsection (1), the committee may delegate a power delegated to the committee under section 19(2)(b) to the subcommittee.

  (3) A subcommittee is a committee for the purposes of clause 15 of Schedule 5 of the Crown Entities Act 2004.

  Section 18A: inserted, on 1 July 2011, by section 8 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

18B Composition of subcommittee

• (1) The majority of members of a subcommittee appointed under section 18A must be members of the committee that appointed the subcommittee.

  (2) The subcommittee need not include a member of the EPA.

  Section 18B: inserted, on 1 July 2011, by section 8 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

18C Qualification for appointment to committee or subcommittee

• A committee or subcommittee appointed for the purpose of section 19(2)(b) must consist of persons who collectively have particular knowledge of, and expertise in, the subject matter of the application before the committee.

  Section 18C: inserted, on 1 July 2011, by section 8 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

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, any of the Authority's functions, powers, or duties under this Act, on such conditions as the Authority thinks fit, except—

  • (a) the fixing of charges under section 21; and

  • (b) any power that may be delegated under subsection (2); and

  • (c) this power of delegation.

  (2) The Authority may delegate in writing, on such terms and conditions as the Authority thinks fit,—

  • (a) the power to conduct a rapid assessment under any of sections 35, 38BA, 42, 42A, 42B, or 42C to any person, whether or not that person is a member of the Authority:

  • (b) the power to hear and decide any other application made under Part 5 or Part 6A to any committee appointed for that purpose in accordance with the Crown Entities Act 2004:

  • (ba) the power to assess and approve an application under section 38I(1) for the release of a qualifying organism to the responsible chief executive:

  • (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 in relation to qualifying medicines and qualifying veterinary medicines to the responsible chief executive:

  • (bd) the power to impose controls under section 45(2) in relation to a genetically modified human cell to which section 55 of the Hazardous Substances and New Organisms Amendment Act 2003 applies:

  • (c) [Repealed]

  • (ca) the power to grant an extension of an exemption under section 25C(2) to—

    • (i) any employee of a person specified in section 97 with relevant experience; or

    • (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, if it is not publicly notified under section 53(2), to its chief executive:

  • (d) the power to conduct a rapid assessment under section 28A to its chief executive:

  • (e) the power to hear and decide any application made under section 31 to its chief executive:

  • (f) the power to hear and decide an application made under section 83 for approval as a test certifier to any person, whether or not that person is a member of the Authority:

  • (g) the power to appoint an enforcement officer under section 99(3)(a) to its chief executive:

  • (h) the power to decide any application for any permission or licence under Part 6, or the revocation of any permission or licence under that Part, to—

    • (i) any employee of the Ministry of Agriculture and Forestry, any Medical Officer of Health (as defined in section 2(1) of the Health Act 1956), or any employee of any person specified in section 97, or any enforcement officer, with relevant experience in the subject matter of the application or the permission or licence; or

    • (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 test certificate under section 82C to its chief executive:

  • (i) the power to decide any application for any licence under Part 6, or the revocation of any licence under that Part, to any test certifier approved under section 84.

  (3) Every decision made in accordance with a delegation under this section shall be treated in all respects as though it were a decision of the Authority.

  (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.

  (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 of the Crown Entities Act 2004 do not apply to the Authority's functions, powers, or duties under this Act.

  Section 19(1): amended, on 20 April 2010, by section 7(1) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 19(1)(b): substituted, on 20 April 2010, by section 7(2) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 19(2): amended, on 20 April 2010, by section 7(3) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 19(2)(a): amended, on 20 April 2010, by section 7(4) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 19(2)(a): amended, on 30 October 2003, by section 9(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 19(2)(b): amended, on 1 July 2011, by section 9(1) of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

  Section 19(2)(b): amended, on 22 December 2005, by section 6(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 19(2)(ba): inserted, on 30 October 2003, by section 9(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 19(2)(bb): inserted, on 30 October 2003, by section 9(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 19(2)(bc): inserted, on 30 October 2003, by section 9(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 19(2)(bd): inserted, on 30 October 2003, by section 9(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 19(2)(c): repealed, on 1 July 2011, by section 12 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

  Section 19(2)(ca): inserted, on 23 December 2004, by section 6 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

  Section 19(2)(cb): inserted, on 20 April 2010, by section 7(5) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 19(2)(d): added, on 31 December 2000, by section 6(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 19(2)(e): added, on 31 December 2000, by section 6(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 19(2)(f): added, on 31 December 2000, by section 6(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 19(2)(g): added, on 31 December 2000, by section 6(1) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 19(2)(h): added, on 24 March 2004, by section 4 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

  Section 19(2)(ha): inserted, on 22 December 2005, by section 6(2) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 19(2)(ha): amended, on 20 April 2010, by section 7(6) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 19(2)(i): added, on 24 March 2004, by section 4 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

  Section 19(3): amended, on 20 April 2010, by section 7(7) of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

  Section 19(5A): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 19(6): added, on 31 December 2000, by section 6(2) of the Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89).

  Section 19(7): added, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).

  Section 19(7): amended, on 1 July 2011, by section 9(2) of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

20 Obligation to prepare and maintain register

• (1) The Authority shall keep a register of all applications made to the Authority.

  (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 and any associated licences granted under section 95B:

  • (f) all the controls on a hazardous substance, whether the controls are imposed under this Act or any other Act.

  (3) The register shall also record the details of any list of low-risk organisms issued by the Authority.

  (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.

  Section 20(2)(ca): inserted, on 30 October 2003, by section 10 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

  Section 20(2)(e): amended, on 24 March 2004, by section 13 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

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, on 22 December 2005, by section 7 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

21 Charges

• (1) The Authority may from time to time—

  • (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) The Authority shall, after fixing any charges in accordance with this section, publicly notify the charges.

  (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.

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) shall apply:

  • (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 of the Local Government Act 2002 for the exercise or performance by the local authority of any power, function, or duty under this Act.

  Section 23: amended, on 22 December 2005, by section 8 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

  Section 23: amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

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(e), to furnish to the Authority any such information and to produce any documents or papers or things which in the Authority's opinion relate to any such matter and which may be in the possession or under the control of that person.

24A Establishment of Nga Kaihautu Tikanga Taiao

• [Repealed]

  Section 24A: repealed, on 1 July 2011, by section 10 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

24B Function of Nga Kaihautu Tikanga Taiao

• [Repealed]

  Section 24B: repealed, on 1 July 2011, by section 10 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

24C Appointment and remuneration of members and chair

• [Repealed]

  Section 24C: repealed, on 1 July 2011, by section 10 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

24D Review of terms of reference

• [Repealed]

  Section 24D: repealed, on 1 July 2011, by section 10 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

25AA This Part subject to Part 5A