New Zealand Legislation: Regulations

6 Special exemptions for ships and aircraft

• (1) Nothing in section 12 or section 13 of the Act, or in these regulations, shall apply to any radioactive material that is part of the equipment or stores of a ship or aircraft belonging to a country other than New Zealand, unless any of the radioactive material is removed from that ship or aircraft in New Zealand, or the radioactive material is—

  • (a) Part of a nuclear reactor; or

  • (b) Pyrophoric or associated with pyrophoric material; or

  • (c) Explosive or associated with explosive material; or

  • (d) A radioactive material that, if transported in accordance with the IAEA Transport Regulations, would require notification to the competent authority; or

  • (e) Fissile material that is not exempt from the IAEA Transport Regulations.

  (2) Nothing in section 12 or section 13 of the Act, or in these regulations, shall apply to any radioactive material brought or coming into New Zealand in any ship or aircraft if the destination of that radioactive material is outside New Zealand and the radioactive material—

  • (a) Is transported, while in New Zealand, in accordance with the requirements of the IAEA Transport Regulations; and

  • (b) Is not removed from the ship or aircraft except for the purpose of being exported from New Zealand on the next available ship or aircraft; and

  • (c) Is not a radioactive material coming within any of paragraphs (b) to (e) of subclause (1) of this regulation.

  (3) Nothing in section 15 of the Act, or in these regulations, shall apply to any irradiating apparatus that is part of the equipment or stores of any ship or aircraft belonging to a country other than New Zealand and that is not used for the purpose of irradiating persons who are not members of the crew of or passengers on that ship or aircraft.

  (4) Nothing in section 12 or section 13 or section 15 of the Act, or in these regulations, shall apply to any radioactive material or any irradiating apparatus that is on or in any ship or aircraft belonging to the armed forces of a country other than New Zealand.

  (5) Nothing in this regulation shall permit the entry into New Zealand of any ship or aircraft if that entry is prohibited by or under any enactment (other than the Act) or in exercise of the prerogative of the Crown.