(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
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
Authority means the Environmental Risk Management Authority established under section 14 of this Act
Bioaccumulation means accumulation within the tissues of living organisms
Building has the same meaning as in section 3 of the Building Act 1991
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 of this Act
Compound means any chemical combination of chemical elements
conditional release approval means an approval under section 38C
conditional release approval: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
conditionally released new organism means a new organism that is subject to a conditional release approval
conditionally released new organism: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Container means any vessel or structure, whether moveable or fixed, in which hazardous substances may be cased, covered, enclosed, contained, or packed; and—
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,—
(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 facility: this definition was amended, as from 30 October 2003, by section 4(2) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “any of sections 42, 42A, 42B, or 45”
for the words “section 42 or 45 of this Act”
.
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
containment structure: this definition was inserted, as from 28 May 2002, by section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13). See section 10 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
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
Customs officer means any person holding office as an officer of Customs under the Customs Act 1966
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 —
Crown entity: this definition was inserted, as from 25 January 2005, by section 37(1) Public Finance Amendment Act 2004 (2004 No 113).
develop, in relation to organisms,—
develop: this definition was substituted, as from 30 October 2003, by section 4(3) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
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
Enforcement officer means an enforcement officer appointed under section 98 or section 99(3) of this Act
Environment includes—
(d) The social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) of this definition or which are affected by those matters:
environmental medium,—
(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 medium: this definition was inserted, as from 22 December 2005, by section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
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
environmentally sound disposal: this definition was inserted, as from 23 December 2004, by section 4 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37). See clause 2 Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act Commencement Order 2004 (SR 2004/386).
Explosive means capable of sudden expansion owing to a release of internal energy; and includes the capability to generate—
and explosion has a corresponding meaning
Exportation has the same meaning as in section 2 of the Customs Act 1966; 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))
exposure limit: this definition was inserted, as from 22 December 2005, by section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
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
Field test: this definition was amended, as from 30 October 2003, by section 4(4) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by omitting the words “; and includes large-scale fermentation of microorganisms”
.
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—
(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
genetic element: this definition was inserted, as from 28 May 2002, by section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13). See section 10 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
Genetically modified organism means, unless expressly provided otherwise by regulations, any organism in which any of the genes or other genetic material—
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 of this Act
Hazardous substance means, unless expressly provided otherwise by regulations, any substance—
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
heritable material: this definition was inserted, as from 28 May 2002, by section 5 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13). See section 10 Hazardous Substances and New Organisms (Genetically Modified Organisms) Amendment Act 2002 (2002 No 13) for the transitional provision.
host organism means an organism that is the subject of a genetic modification procedure
host organism: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
human cells —
human cells: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Identification means the provision of any information about a substance or organism which—
Importation, in relation to hazardous substances, has the same meaning as in section 47 of the Customs Act 1966; and to import, in relation to those substances, has a corresponding meaning
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—
(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
Laboratory: this definition was inserted, as from 31 December 2000, by section 3(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
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
light rail vehicle: this definition was inserted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.
local authority means a territorial authority or a regional council
local authority: this definition was inserted, as from 22 December 2005, by section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
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
Motor vehicle: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “the Land Transport Act 1998”
for the words “the Transport Act 1962”
.
New organism has the meaning given to it by section 2A
New Organism: this definition was substituted, as from 7 May 1999, by section 2(1) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
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:
Organism: paragraph (a) of this definition was substituted, as from 30 October 2003, by section 4(5) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Organism: paragraph (ab) of this definition was inserted, as from 30 October 2003, by section 4(5) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Organism: paragraph (c) of this definition was amended, as from 30 October 2003, by section 4(6) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54) by substituting the words “other than a human cell”
for the words “other than a genetic structure derived from a human being”
.
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
Place of work: this definition was amended, as from 5 May 2003, by section 34 Health and Safety in Employment Amendment Act 2002 (2002 No 86) by inserting the expression “and (2A)”
after the expression “2(1)”
.
Place of work: this definition was amended, as from 24 March 2004, by section 13 Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7) by substituting the expression “(3)”
for the expression “(2A)”
.
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
Premises: this definition was substituted, as from 31 December 2000, by section 3(2) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
prescribed means prescribed by regulations made under this Act
prescribed: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
qualifying medicine means a medicine or new medicine (as defined in section 3 of the Medicines Act 1981) that—
qualifying medicine: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
qualifying organism means a new organism that is or is contained in a qualifying medicine or qualifying veterinary medicine
qualifying organism: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
qualifying veterinary medicine means a veterinary medicine (as defined in section 2(1) of the Agricultural Compounds and Veterinary Medicines Act 1997) that—
qualifying veterinary medicine: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
rail vehicle has the same meaning as in section 4(1) of the Railways Act 2005
Rail service vehicle and light rail vehicle: these definitions were substituted, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37). See sections 105 to 111 of that Act as to the transitional provisions.
Railway line has the same meaning as in section 4(1) of the Railways Act 2005
Railway line: this definition was amended, as from 20 July 2005, by section 103(3) Railways Act 2005 (2005 No 37) by substituting the words “section 4(1) of the Railways Act 2005”
for the words “section 2(1) of the Transport Services Licensing Act 1989”
. See sections 105 to 111 of that Act as to the transitional provisions.
regional council means a regional council within the meaning of the Local Government Act 2002
regional council: this definition was inserted, as from 22 December 2005, by section 3(1) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
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
[Repealed]
Research and development: this definition was inserted, as from 31 December 2000, by section 3(1) Hazardous Substances and New Organisms Amendment Act 2000 (2000 No 89). See clause 2(a) Hazardous Substances and New Organisms Amendment Act Commencement Order 2000 (SR 2000/267).
Research and development: this definition was repealed, as from 22 December 2005, by section 3(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
research and development, in relation to a hazardous substance, means systematic investigation or experimentation activities that involve the hazardous substance
research and development, in relation to a hazardous substance: this definition was inserted, as from 22 December 2005, by section 3(2) Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).
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
responsible chief executive: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
Risk species means any species, subspecies, infrasubspecies, variety, strain, or cultivar prescribed as a risk species under section 140 of this Act
Road has the same meaning as in section 2(1) of the Land Transport Act 1998
Road: this definition was amended, as from 1 March 1999, by section 215(1) Land Transport Act 1998 (1998 No 110), by substituting the words “the Land Transport Act 1998”
for the words “the Transport Act 1962”
.
Serious environmental damage means any environmental damage prescribed under section 140 of this Act
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
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:
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
taxonomic classification: this definition was inserted, as from 30 October 2003, by section 4(1) Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).
territorial authority means a territorial authority within the meaning of the Local Government Act 2002
Territorial authority: this definition was substituted, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.
Test certificate means a certificate issued by a test certifier in accordance with section 82
Test certificate: this definition was substituted, as from 7 May 1999, by section 2(1) Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).
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 of this Act
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 of this Act
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