Hazardous Substances and New Organisms Act 1996

Enforcement

109 Offences

(1)

Every person commits an offence against this Act who—

(a)

imports or manufactures any hazardous substance in contravention of this Act; or

(aa)

imports, manufactures, uses, or stores a persistent organic pollutant in contravention of this Act; or

(b)

develops or field tests a new organism in contravention of this Act; or

(c)

knowingly imports or releases a new organism in contravention of this Act; or

(d)

knowingly, recklessly, or negligently—

(i)

manufactures, imports, develops, uses, or disposes of any hazardous substance or new organism where any approval is suspended in accordance with section 64:

(ii)

possesses or disposes of any hazardous substance or new organism imported, manufactured, developed, or released in contravention of this Act; or

(da)

fails to comply with any requirements in an EPA notice made under section 76A(d) or (f); or

(e)

fails to comply with—

(i)

any controls imposed by an approval relating to a new organism granted under this Act; or

(ii)

any EPA controls imposed by an approval relating to a hazardous substance granted under this Act; or

(iii)

any controls specified in any regulations relating to a new organism; or

(iv)

any prohibition specified in any regulations; or

(v)

any controls specified in any regulations or an EPA notice relating to a hazardous substance; or

(vi)

any requirement to obtain a certificate specified in any regulations or an EPA notice; or

(ea)

fails to comply with a condition on a permission granted under section 95A; or

(eb)

fails to comply with a condition imposed under section 96B(1)(b) on an identified group of hazardous substances or products; or

(f)

fails to comply with any compliance order served under section 107; or

(g)

fails to comply with any of the requirements of section 124; or

(h)

fails without any lawful justification or excuse to obtain any transferable permit when required to do so by any Order in Council in force under this Act; or

(i)

being a manufacturer, developer, or importer of any hazardous substance or new organism knowingly fails to report any significant new information of any adverse effect of that hazardous substance or new organism; or

(j)

knowingly personates any enforcement officer; or

(k)

wilfully obstructs any enforcement officer in the course of his or her duties; or

(l)

falsely informs a person that an emergency exists where that person knows the information to be false; or

(m)

knowingly labels any package or container in such a manner that the label could in an emergency wrongly indicate the presence of hazardous substances to an enforcement officer, an employee, volunteer, or contractor of Fire and Emergency New Zealand, or constable.

(2)

[Repealed]

Section 109(1)(a): amended, on 1 December 2017, by section 43(1) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 109(1)(aa): inserted, on 23 December 2004, by section 12 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

Section 109(1)(b): amended, on 7 May 1999, by section 9 of the Hazardous Substances and New Organisms Amendment Act 1999 (1999 No 35).

Section 109(1)(da): inserted, on 5 September 2015, by section 43(2) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 109(1)(e): replaced, on 1 December 2017, by section 43(3) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 109(1)(ea): inserted, on 24 March 2004, by section 7 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

Section 109(1)(ea): amended, on 1 December 2017, by section 54 of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 109(1)(eb): inserted, on 22 December 2005, by section 29 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 109(1)(eb): amended, on 1 December 2017, by section 43(4) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 109(1)(m): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 109(1)(m): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 109(2): repealed, on 20 April 2010, by section 27 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).