New Zealand Legislation: Acts
Acts are laws made by Parliament
(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).
