Hazardous Substances and New Organisms Act 1996

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Reprint as at 1 December 2017

Hazardous Substances and New Organisms Act 1996

Public Act		1996 No 30
Date of assent		10 June 1996
Commencement		see section 1(2)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for the Environment.

	Title
1	Short Title and commencement
	Part 1 Preliminary
2	Interpretation
2A	Meaning of term new organism
3	Act to bind the Crown
3A	Transitional and savings provisions relating to amendments to Act
	Part 2 Purpose of Act
4	Purpose of Act
5	Principles relevant to purpose of Act
6	Matters relevant to purpose of Act
7	Precautionary approach
8	Treaty of Waitangi
9	Methodology to be used
	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
13	General duty
	Part 4 Administrative provisions
14	Establishment of Authority [Repealed]
15	Membership of Authority [Repealed]
16	Eligibility for appointment as member of Authority [Repealed]
17	Restriction on Ministerial direction
18	EPA may appoint committees
18A	Committee may appoint and delegate functions to subcommittee
18B	Composition of subcommittee
18C	Qualification for appointment to committee or subcommittee
19	Delegation by Authority
20	Obligation to prepare and maintain register
20A	Register of exposure limits for substances with toxic or ecotoxic properties
21	Charges
22	Payments in advance
23	Fees for local authorities
24	Power to request information
	Part 4A Nga Kaihautu Tikanga Taiao [Repealed]
24A	Establishment of Nga Kaihautu Tikanga Taiao [Repealed]
24B	Function of Nga Kaihautu Tikanga Taiao [Repealed]
24C	Appointment and remuneration of members and chair [Repealed]
24D	Review of terms of reference [Repealed]
	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25AA	This Part subject to Part 5A [Repealed]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
27	Types of approval
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
32	Decision on application
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
36	Minimum standards
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
38D	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
38K	Controls
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
46	Meaning of emergency
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
49A	Interpretation
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
49E	Contents of application
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
49J	Duration of approval
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
	Prohibited list organisms
50	Prohibited organisms
	Transhipment
51	Transhipment of substances and organisms
	Procedure for assessment
52	Applicant may be required to provide further information
53	Applications required to be publicly notified
53A	Method of public notification [Repealed]
54	Submission on application
55	Information held on behalf of applicant
56	Consideration of information withheld under Official Information Act 1982
57	Authority to withhold information
58	Further information
59	Time limits and waivers
60	Obligation to hold hearing
61	Provisions relating to hearings
62	Grounds for reassessment of a substance or organism
63	Reassessment
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
63C	Modified reassessment to change controls in other cases
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
67B	Revoking duplicated approvals
	Minister’s call-in powers
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]
73G	Expiry [Repealed]
	Part 6 EPA controls
	Hazard classification system
74	Establishment of hazard classification system
75	Authority may prescribe hazardous property controls
76	Authority may prescribe controls and requirements relating to hazardous substances
76A	Authority may prescribe other matters relating to hazardous substances
76B	Further provisions relating to EPA notices
76C	Procedure for issuing EPA notices
76D	Application of Legislation Act 2012 to EPA notices
77	EPA controls on hazardous substances
77A	Authority’s power to impose EPA controls and vary specified controls
77B	Exposure limits for substances with toxic or ecotoxic properties
78	Codes of practice
79	Codes may be approved by Authority
80	Availability of codes
81	Proof of code
	Test certifiers
82	Certificates
82A	Register of test certificates [Repealed]
82B	Delegation by approved person [Repealed]
82C	Revocation of certificates
83	Applications for approval as test certifier [Repealed]
84	Processing applications for approval as test certifier [Repealed]
85	Register of test certifiers [Repealed]
86	Complaints to Authority [Repealed]
	Transferable permits
87	Establishment of transferable permit scheme
88	Authority to recommend establishment
89	Transferable permit scheme and variation of controls
90	Transfer of permits
91	Contents of transferable permits
92	Modification of permits
93	Registration of scheme
94	Transferable permit not to be mortgaged
95	Prohibition on import or manufacture until transferable permit obtained
	Permissions
95A	Permissions
95B	Licences [Repealed]
	Environmental user charges
96	Report on environmental user charges
	Part 6A Group standards
96A	Purpose of Part
96B	Group standards
96C	When group standards may be issued or amended
96D	Revocation of group standards
96E	Effect of group standards
96F	Hazardous substances in group standards if Parts 11 to 15 apply
	Part 7 Inspection, enforcement, and ancillary powers
	Inspection
97	Enforcement of Act
97A	Enforcement of Act in respect of new organisms
97AA	Border information supplied using JBMS must be supplied in approved form and manner
97AB	Duty to use JBMS to supply border information
97B	Enforcement of Act in respect of hazardous substances in workplace
97C	Sharing of information between Authority and enforcement agencies
98	Co-ordination of inspection
98A	Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers
99	Supervision of inspection
100	Appointment of enforcement officers
101	Duty of territorial authorities
102	Building Act 2004
103	Powers of entry for inspection relating to new organisms
103A	Powers of entry for inspection relating to hazardous substances
	Compliance orders
104	Scope of compliance order
105	Compliance with compliance order
106	Form and content of compliance order
107	Service of compliance order
108	Cancellation of compliance order
	Enforcement
109	Offences
109A	Time for filing charging document
109B	Extension of time for filing charging document
110	Infringement offences
111	Commission of infringement offence
112	Infringement notices
113	Entitlement to infringement fees
114	Penalties
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
119	Search warrants
120	Dealing with property seized by enforcement officers [Repealed]
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
124A	Interpretation
	Pecuniary penalties
124B	Pecuniary penalty order
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
124G	Civil liability
124H	Defences to liability under section 124G
	Liability for acts and omissions of others
124I	Breaches, acts, and omissions by directors, employees, or agents
	Part 8 Appeals
125	Appeals
126	Appeal on question of law
127	Notice of appeal
128	Right to appear and be heard on appeal
129	Parties to appeal before High Court
130	Orders of High Court
131	Additional appeals on points of law
132	Extension of time
133	Date of hearing
134	Appeals to Court of Appeal
	Part 9 Emergencies
135	Interpretation
136	Declaration of emergency
137	Emergency powers
138	Compensation for property requisitioned or destroyed
139	Protection of enforcement officers and persons
	Part 10 Miscellaneous provisions
140	Regulations
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
141GA	Access to material incorporated by reference in EPA notices
141H	Access to material incorporated by reference in group standard, notice of transfer, or code of practice
141I	Application of Legislation Act 2012
142	Relationship to other Acts
142A	Exemptions from approval requirements [Expired]
143	Notification of hazardous substances injuries
144	Reporting of incidents
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
149	Amendments to other Acts
150	Repeals and revocations
	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]
157	Defences [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]
166	Labelling [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]
204	Register [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]
	Animals [Expired]
254	Animals [Expired]
255	Zoological gardens [Expired]
256	Hamsters [Expired]
257	Approvals for genetically modified organisms [Expired]
	Plants [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 [Repealed]
	Schedule 2 Prohibited new organisms
	Schedule 2A Persistent organic pollutants
	Schedule 3
	Schedule 4 Enactments amended
	Schedule 5 Enactments repealed
	Schedule 6 Regulations and orders revoked
	Schedule 7 Transitional and savings provisions relating to amendments to Act
	Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002
	Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005
	Hazardous Substances and New Organisms Amendment Act 2010
	Reprint notes

An Act to restate and reform the law relating to the management of hazardous substances and new organisms

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