Hazardous Substances and New Organisms Act 1996

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Reprint as at 1 December 2017

Coat of Arms of New Zealand

Hazardous Substances and New Organisms Act 1996

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

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.


1Short Title and commencement
2AMeaning of term new organism
3Act to bind the Crown
3ATransitional and savings provisions relating to amendments to Act
4Purpose of Act
5Principles relevant to purpose of Act
6Matters relevant to purpose of Act
7Precautionary approach
8Treaty of Waitangi
9Methodology to be used
10Powers, functions, and duties of Minister
11Powers, functions, and duties of Authority
12Powers, functions, and duties of enforcement officers
13General duty
14Establishment of Authority [Repealed]
15Membership of Authority [Repealed]
16Eligibility for appointment as member of Authority [Repealed]
17Restriction on Ministerial direction
18EPA may appoint committees
18ACommittee may appoint and delegate functions to subcommittee
18BComposition of subcommittee
18CQualification for appointment to committee or subcommittee
19Delegation by Authority
20Obligation to prepare and maintain register
20ARegister of exposure limits for substances with toxic or ecotoxic properties
22Payments in advance
23Fees for local authorities
24Power to request information
24AEstablishment of Nga Kaihautu Tikanga Taiao [Repealed]
24BFunction of Nga Kaihautu Tikanga Taiao [Repealed]
24CAppointment and remuneration of members and chair [Repealed]
24DReview of terms of reference [Repealed]
25AAThis Part subject to Part 5A [Repealed]
25Restriction of import, manufacture, development, field testing, or release
25AProhibition of import, manufacture, or use of persistent organic pollutants
25BProhibition on storage of persistent organic pollutants
25CContinuation of certain exemptions under Toxic Substances Regulations 1983
25DUse of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
26Determination of new organism or hazardous substance
27Types of approval
27AApprovals at any taxonomic classification
28Application for approval to import or manufacture hazardous substances
28ARapid assessment for importation or manufacture of hazardous substances
29Determination of applications
29AApprovals for innovative agricultural compounds and medicines [Repealed]
29BApplications relating to persistent organic pollutants
30Importing hazardous substances in containment
31Application for hazardous substance containment approval
32Decision on application
33Exemptions from Act for small-scale research on hazardous substances
34Application for approval to import or release
34AApplications for conditional release and for release in respect of same new organism
35Rapid assessment of risk for importation of new organisms
36Minimum standards
37Additional matters to be considered
38Determination of applications to import or release
38AApplication for approval to import or release new organism with controls
38BApplication under section 34 may be treated as application under section 38A
38BARapid assessment of risk for importation or release of new organisms with controls
38CDetermination of applications to import or release new organisms with controls
38EDuration of conditional release approval
38FConsequences of expiry of conditional release approval
38GReview of controls on conditional release approval
38HRestriction on release of new organism subject to conditional release approval
38IAssessment of applications for release of qualifying organisms
38JProcedure for assessing and approving application by responsible chief executive
38LReview of controls for qualifying organisms
39Importation or development of new organisms in containment
40Application for containment approval for new organisms
41Assessment of adverse effects of developing genetically modified organisms
42Rapid assessment of adverse effects for development of genetically modified organisms
42ARapid assessment of projects for low-risk genetic modification
42BRapid assessment of adverse effects for importation of genetically modified organisms into containment
42CRapid assessment of adverse effects for development in containment, etc, of certain new organisms
43Additional matters to be considered when application made for developing new organisms in containment
44Additional matters to be considered on applications for importing and field testing of organisms
44AAdditional matters to be considered for certain developments and field tests
45Determination of application
45AControls required for certain developments and for all field tests
45BAnimals in circus or zoological garden deemed approved under section 255
46Meaning of emergency
47Application for approval to use a hazardous substance or new organism in an emergency
48Determination of applications
49Exemptions from provisions of Act in emergencies
49BDeclaration of special emergency
49CApplication of sections 49D to 49K
49DApplication for approval to use agricultural compound or medicine in special emergency
49EContents of application
49FDetermination of applications
49GControls attaching to approval of application
49HNotification or publication of approval of application
49IEffect of approval of release
49JDuration of approval
49KConsequences of expiry of approval
49LRapid assessment and approval of other hazardous substances in special emergencies
50Prohibited organisms
51Transhipment of substances and organisms
52Applicant may be required to provide further information
53Applications required to be publicly notified
53AMethod of public notification [Repealed]
54Submission on application
55Information held on behalf of applicant
56Consideration of information withheld under Official Information Act 1982
57Authority to withhold information
58Further information
59Time limits and waivers
60Obligation to hold hearing
61Provisions relating to hearings
62Grounds for reassessment of a substance or organism
63AModified reassessment procedure for amendments to approvals of hazardous substances
63BProposal for group standard may be consulted on in same way as reassessment
63CModified reassessment to change controls in other cases
64Suspension of approvals during reassessment
65No compensation following reassessment
66Requirement for disposing of substances
66ADisposal of persistent organic pollutants
67Authority to direct disposal of new organisms
67AMinor or technical amendments to approvals
67BRevoking duplicated approvals
68Minister’s power to call in applications with significant effects
69Notification of Minister’s direction
70Minister may appoint persons
71Conduct of inquiry by Authority
72Authority to report to Minister
73Minister to decide application and notify decision
73AInterpretation [Repealed]
73BApplication [Repealed]
73CAuthority must not consider or approve certain applications during restricted period [Repealed]
73DAdditional information required for certain applications [Repealed]
73EAdditional matters Authority must consider for certain applications [Repealed]
73FNo compensation [Repealed]
73GExpiry [Repealed]
74Establishment of hazard classification system
75Authority may prescribe hazardous property controls
76Authority may prescribe controls and requirements relating to hazardous substances
76AAuthority may prescribe other matters relating to hazardous substances
76BFurther provisions relating to EPA notices
76CProcedure for issuing EPA notices
76DApplication of Legislation Act 2012 to EPA notices
77EPA controls on hazardous substances
77AAuthority’s power to impose EPA controls and vary specified controls
77BExposure limits for substances with toxic or ecotoxic properties
78Codes of practice
79Codes may be approved by Authority
80Availability of codes
81Proof of code
82ARegister of test certificates [Repealed]
82BDelegation by approved person [Repealed]
82CRevocation of certificates
83Applications for approval as test certifier [Repealed]
84Processing applications for approval as test certifier [Repealed]
85Register of test certifiers [Repealed]
86Complaints to Authority [Repealed]
87Establishment of transferable permit scheme
88Authority to recommend establishment
89Transferable permit scheme and variation of controls
90Transfer of permits
91Contents of transferable permits
92Modification of permits
93Registration of scheme
94Transferable permit not to be mortgaged
95Prohibition on import or manufacture until transferable permit obtained
95BLicences [Repealed]
96Report on environmental user charges
96APurpose of Part
96BGroup standards
96CWhen group standards may be issued or amended
96DRevocation of group standards
96EEffect of group standards
96FHazardous substances in group standards if Parts 11 to 15 apply
97Enforcement of Act
97AEnforcement of Act in respect of new organisms
97AABorder information supplied using JBMS must be supplied in approved form and manner
97ABDuty to use JBMS to supply border information
97BEnforcement of Act in respect of hazardous substances in workplace
97CSharing of information between Authority and enforcement agencies
98Co-ordination of inspection
98AChief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers
99Supervision of inspection
100Appointment of enforcement officers
101Duty of territorial authorities
102Building Act 2004
103Powers of entry for inspection relating to new organisms
103APowers of entry for inspection relating to hazardous substances
104Scope of compliance order
105Compliance with compliance order
106Form and content of compliance order
107Service of compliance order
108Cancellation of compliance order
109ATime for filing charging document
109BExtension of time for filing charging document
110Infringement offences
111Commission of infringement offence
112Infringement notices
113Entitlement to infringement fees
115Liability of employers and principals
116Liability of directors and officers of bodies corporate
117Strict liability and defences
118Fines to be paid to territorial authority instituting prosecution
119Search warrants
120Dealing with property seized by enforcement officers [Repealed]
121Application of Customs and Excise Act 1996 to hazardous substance imported in breach of this Act
122Power to require hazardous substance to leave New Zealand
123Declaration that organism not genetically modified
124Responsibilities of carrier and person in charge of any craft
124BPecuniary penalty order
124CAmount of pecuniary penalty
124DOther orders instead of or in addition to pecuniary penalty order
124EStandard of proof and procedural matters
124FRelationship between concurrent proceedings for pecuniary penalty and criminal proceedings
124GCivil liability
124HDefences to liability under section 124G
124IBreaches, acts, and omissions by directors, employees, or agents
126Appeal on question of law
127Notice of appeal
128Right to appear and be heard on appeal
129Parties to appeal before High Court
130Orders of High Court
131Additional appeals on points of law
132Extension of time
133Date of hearing
134Appeals to Court of Appeal
136Declaration of emergency
137Emergency powers
138Compensation for property requisitioned or destroyed
139Protection of enforcement officers and persons
140APersistent organic pollutants
140BSchedule 1AA may be amended or substituted
141Procedure for making Orders in Council
141AIncorporation of material by reference
141BAmendment to, or replacement of, material incorporated by reference
141CProof of material incorporated by reference
141DMaterial incorporated by reference that ceases to have effect
141ENotice must be provided to committee responsible for examining regulations
141FRequirement to consult on proposal to amend or replace material incorporated by reference
141GAccess to material incorporated by reference in regulations
141GAAccess to material incorporated by reference in EPA notices
141HAccess to material incorporated by reference in group standard, notice of transfer, or code of practice
141IApplication of Legislation Act 2012
142Relationship to other Acts
142AExemptions from approval requirements [Expired]
143Notification of hazardous substances injuries
144Reporting of incidents
145Ombudsmen Act 1975 amended [Repealed]
146Authority to be Crown entity [Repealed]
147Additional matters to be included in statement of intent
148Additional reporting requirements
149Amendments to other Acts
150Repeals and revocations
151Interpretation [Expired]
152Expiry of transitional provisions [Expired]
152AExpiry of transitional provisions in relation to persistent organic pollutants [Expired]
153Exemption in case of licence application [Expired]
154Exemptions from regulations and provisions of Parts 11 to 16 [Expired]
155Applications made under transitional provisions [Expired]
156Offences against Parts 11 to 16 [Expired]
157Defences [Expired]
158Suspension and cancellation of licences [Expired]
159Continuation of Pesticides Board and Toxic Substances Board [Expired]
160Regulations relating to transitional provisions [Expired]
160ANotices of transfer relating to transitional matters [Expired]
160BControls may be imposed for purposes of notice of transfer [Expired]
161Regulations saved [Expired]
162Reassessment of substances and organisms [Expired]
163Interpretation [Expired]
164Application of this Part [Expired]
164AProtection of information [Expired]
165Sale, importation, and use of pesticides [Expired]
166Labelling [Expired]
167Advertisements [Expired]
168Review and revocation of registration [Expired]
169Transfer of proprietors’ rights [Expired]
170Sale of pesticides in bulk [Expired]
171Warranties [Expired]
172Pesticide register [Expired]
173Regulations relating to all pesticides [Expired]
174Regulations relating to controlled pesticides [Expired]
175Interpretation [Expired]
176Restrictions on use of controlled pesticides [Expired]
177Qualifications for approved operator licence [Expired]
178Dealing with applications [Expired]
179Effect of licences [Expired]
180Duration of licences [Expired]
181Variation of terms and conditions of licences [Expired]
182Register of approved operators [Expired]
183Interpretation [Expired]
184Application of this Part [Expired]
184AProtection of information [Expired]
185Restrictions on sales of deadly poisons and dangerous poisons [Expired]
186Sale and packing of poisons [Expired]
187Further restrictions on sale of poisons [Expired]
188Containers [Expired]
189Custody of poisons and harmful substances [Expired]
190Storage of poisons and harmful substances [Expired]
191Packing of poisons and harmful substances [Expired]
192Restriction on possession and use of deadly poisons and dangerous poisons [Expired]
193Control of advertisements [Expired]
194Disposal of surplus poisons to other user or licensee [Expired]
195Exemptions for pharmacists [Expired]
196Exemptions for veterinarians [Expired]
197Exemptions for certain other persons [Expired]
198Exemptions for agents and employees [Expired]
199Applications for licences [Expired]
200Dealing with applications [Expired]
201Effect of licences [Expired]
202Duration of licences [Expired]
203Records of sales [Expired]
204Register [Expired]
205Interpretation [Expired]
206Packing of imported toxic substances [Expired]
207Notice to be given of imported toxic substances [Expired]
208Application of toxic substances regulations [Expired]
209Interpretation [Expired]
210Application of this Part [Expired]
211Restrictions on storage and use of dangerous goods [Expired]
212Restrictions on containers [Expired]
213Containers of dangerous goods to be specially marked [Expired]
214Pumps for reselling dangerous goods [Expired]
215Restrictions on use of gases in balloons [Expired]
216Phosphorus matches [Expired]
217Licensing of premises for storage of dangerous goods [Expired]
218Provisional licences [Expired]
219General provisions as to licences [Expired]
220Renewal of licences [Expired]
221Continuing application of dangerous goods regulations [Expired]
222Interpretation [Expired]
223Classification of explosives [Expired]
224Application of this Part [Expired]
225Importation of explosives [Expired]
226Permit for importation of fireworks [Expired]
227Licence to manufacture explosives [Expired]
228Factory not to be altered without consent of Authority [Expired]
229Fireworks not to be sold to persons under 14 years of age [Expired]
230Application of following sections [Expired]
231Explosives not to be sold without licence [Expired]
232Restriction on sale of fireworks [Expired]
233Sale of explosives [Expired]
234Storage of explosives [Expired]
235Certain explosives not to be carried without consent of Authority [Expired]
236Licence required to carry certain explosives [Expired]
237Carriage of explosives in vehicles or vessels carrying passengers [Expired]
238Firework displays [Expired]
239Private storage [Expired]
240Conditions of licence [Expired]
241Public magazines [Expired]
242Private magazines [Expired]
243Private magazine not to be altered without consent [Expired]
244Danger buildings [Expired]
245Notices on danger buildings [Expired]
246Repairs or alterations to danger buildings [Expired]
247Protective clothing, etc [Expired]
248Employment of young persons in danger buildings [Expired]
249Packing and marking of explosives [Expired]
250Handling of explosives [Expired]
251Abandonment or disposal of explosives [Expired]
252Damaged, defective, or unsafe explosives [Expired]
253Continuation of regulations [Expired]
254Animals [Expired]
255Zoological gardens [Expired]
256Hamsters [Expired]
257Approvals for genetically modified organisms [Expired]
258Import permits [Expired]
259Micro-organisms lawfully in use [Expired]
Reprint notes

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