Reprint as at 1 January 2016

Coat of Arms of New Zealand

Waste Minimisation Act 2008

Public Act
 
2008 No 89
Date of assent
 
25 September 2008
Commencement
 
see section 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.

Contents

1Title
2Commencement
3Purpose of this Act
4Act binds the Crown
5Interpretation
6Meaning of disposal
7Meaning of disposal facility
8Purpose of Part
9Declaration of priority products
10Product stewardship schemes required for priority products
11Voluntary product stewardship schemes
12Ministerial guidelines for product stewardship schemes for priority products
13Application for accreditation
14Requirements for accreditation
15Accreditation
16Variation of accredited scheme
17Expiry of accreditation
18Revocation of accreditation
19Accredited scheme subject to other laws
20Monitoring of accredited schemes
21Monitoring costs recoverable as debt if unpaid
22Regulations in relation to priority products and accredited schemes
23Regulations in relation to products (whether or not priority products), materials, and waste
24New Zealand Customs Service to provide information about priority products
25Purpose of Part
26Levy imposed on waste disposed of at disposal facility
27Rate of levy
28Operator of disposal facility must pay levy to levy collector
29Waiver of levy payment
30Secretary must distribute and spend levy money
31Territorial authorities to receive share
32Spending of levy money by territorial authorities
33Secretary must retain levy money instead of paying territorial authority in certain situations
34Estimation of amount of levy payable
35Interest on unpaid levy
36Unpaid levy is debt
37Minister may direct Secretary to retain payment to territorial authority
38Minister may approve funding of projects to promote or achieve waste minimisation
39Minister must review effectiveness of levy
40Minister may appoint levy collector
41Regulations in relation to waste disposal levy and related matters
41ARegulations under section 41(1)(e) are confirmable instruments
42Territorial authorities to encourage effective and efficient waste management and minimisation
43Waste management and minimisation plans
44Requirements when preparing, amending, or revoking plans
45Joint plans
46Funding of plans
47Grants
48Governor-General may give directions to territorial authority
49Minister may set performance standards for territorial authorities
50Review of waste management and minimisation plan
51Requirements for waste assessment
52Waste management and minimisation services, facilities, and activities
53Proceeds from activities and services must be used in implementing waste management and minimisation plan
54Waste must be collected promptly, efficiently, and regularly
55Health Protection Officer may serve notice on territorial authority for causing nuisance
56Bylaws
57Crown bound by bylaws
58Review of bylaws
59Regulations in relation to bylaws
60Relationship of this Part with Local Government Act 2002
61Consequential repeal of Part 31 of Local Government Act 1974
62Sanitary services
63Waste management plans
64Bylaws made under Local Government Act 1974
65Offences
66Offences against bylaws
67Additional penalty for contravention involving commercial gain
68Strict liability
69Defences
70Liability of principals for acts of agents
71Time for filing charge
72Injunctions restraining commission of offence under section 65(2)
73Proceedings for infringement offences
74Issue and service of infringement notices
75Entitlement to infringement fees
76Enforcement officers
77Exercise of powers [Repealed]
78Power to require certain information [Repealed]
79Power to inspect property and obtain information
80Consent or warrant required to inspect dwellinghouse or marae
81Seizure of property not on private land
82Seizure of property from private land
83Conditions for exercise of warrant to seize property on private land [Repealed]
84Return of property seized and impounded
85Power to dispose of property seized and impounded under section 81
86Regulations in relation to records, information, and reports
87Secretary may require audit
88Audit in respect of certain matters relating to facility or person
89Establishment of Waste Advisory Board
90Function of Board
91Terms of reference
92Minister to appoint members to Board
93How members appointed
94Term of office of members
95Removal of members
96No compensation for loss of office
97Fees and expenses of members
98Proceedings of Board
99Nominations before commencement of this Part must be treated as complying with section 93
Reprint notes

The Parliament of New Zealand enacts as follows: