New Zealand Legislation: Regulations
Regulations are laws made under Acts
Reprint as at 1 October 2008
(SR 1996/222)
Michael Hardie Boys, Governor-General
At Wellington this 11th day of August 1996
Present:
His Excellency the Governor-General in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry for the Environment.
Pursuant to Part 3 of the Ozone Layer Protection Act 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council and on the recommendation of the Minister for the Environment whose recommendation has been made—
(a) after consultation by that Minister in accordance with section 17 of that Act; and
(b) after being satisfied that, after making the regulations, New Zealand will be able to give effect to its obligations under the Convention and the Protocol,—
hereby makes the following regulations.
Part 1
Prohibitions on importation
CFCs, halons, carbon tetrachloride, methyl chloroform, HBFCs, and bromochloromethane
3 Prohibition on importation of certain bulk controlled substances
5 Conditional prohibition on importation of methyl bromide
6 Base year permits for methyl bromide
7 Quarantine and pre-shipment permits
8 Conditional prohibition on importation of HCFCs
10 Conversion permits for HCFCs
12 Conditional prohibition on importation of bulk recycled substances
Provisions relating to permits
13 Provisions relating to permits
15 Temporary transfer of entitlement
16 No transfers between substances
17 Reduction of entitlement for non-usage
18 Re-allocation of entitlement
Goods containing ozone depleting substances
19 Prohibition on importation of certain goods containing ozone depleting substances
20 Prohibition not to apply to packaging
21 Prohibition not to apply to certain personal effects
Part 2
Prohibitions on exportation
22 Prohibition on certain exports of bulk controlled substances
23 Restriction on other exports of bulk controlled substances
23A Prohibition on exportation of methyl bromide
23B Prohibition on exportation of HCFC
Part 3
Prohibitions on manufacture
24 Prohibition on manufacture of controlled substances and certain goods
25 Prohibition on sale of certain goods
26 Prohibition not to apply to second-hand goods
27 Prohibition not to apply to goods exempted under Part 5
28 Prohibited substances and goods may be exempted
29 Exemptions for imports of bulk controlled substances
30 Exemptions for manufacture of bulk controlled substances
32 Exemptions for transhipments
34 Time at which application may be made
35 Grant, renewal, revocation, etc, of exemptions
Part 6
Miscellaneous provisions
Provisions relating to offences
37 Offence to fail to notify importation or exportation of bulk recycled substance
38 Circumstances in which court may discharge without conviction
Procedure in respect of decision-making and appeals
40 Rights of persons affected by proposed adverse decisions
42 Procedure in respect of appeals
43 Decision of Minister to continue in force pending appeal, etc
44 Appeal to Court of Appeal on question of law
45 Regulations not to apply to foreign ships and aircraft
Schedule 1
Controlled substances
Schedule 2
Plastic goods manufactured with chlorofluorocarbons
Schedule 3
Prohibited imports from countries other than parties or complying countries
Schedule 5
Montreal Protocol on Substances that Deplete the Ozone Layer