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