New Zealand Legislation: Regulations

7 Prohibited waste exports

• (1) The exportation of—

  • (a) any hazardous waste:

  • (b) any other waste,—

  is hereby prohibited, except with the consent of the Minister for Enterprise and Commerce and subject to such conditions (if any) not inconsistent with this prohibition as may be imposed by the Minister.

  (2) In this prohibition,—

  Basel Convention means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, adopted at Basel on the 22nd day of March 1989

  hazardous waste means any waste that—

  • (a) either—

    • (i) falls into one of the categories of waste specified in Part 1 of Schedule 1 to this order, or

    • (ii) has as a constituent any substance specified in Part 2 of Schedule 1 to this order; and

  • (b) has any of the hazardous characteristics specified in Part 3 of Schedule 1 to this order:

  other waste means—

  • (a) any waste collected from households:

  • (b) any residue from the incineration of household wastes:

  waste means any substance or object—

  • (a) that is intended to be disposed of by any of the methods specified in Part 4 of Schedule 1 to this order; or

  • (b) that is required, by any law of New Zealand, to be disposed of by any of the methods specified in Part 4 of Schedule 1 to this order.

  (3) The hazardous waste or other waste that may be exported from New Zealand with the consent of the Minister under this order is any hazardous waste or other waste—

  • (a) either—

    • (i) whose exportation is to a country that is a Party to the Basel Convention and that has not prohibited the importation of such wastes; or

    • (ii) whose exportation is to a country that has consented, in writing, to the specific importation of such wastes; or

    • (iii) that New Zealand does not have the technical capacity, or the necessary facilities or capacity, or suitable disposal sites, to dispose of in an environmentally sound and efficient manner, and that is able to be so disposed of in the importing country; or

    • (iv) that is required as a raw material for any recycling or recovery industry in the importing country; or

    • (v) whose exportation is in accordance with any criteria decided by the parties to the Basel Convention; and

  • (b) whose exportation is otherwise in conformity with New Zealand's obligations under the Basel Convention.

  Clause 7(1): amended, on 27 September 1999, by clause 8 of the Customs Export Prohibition Amendment Order 1999 (SR 1999/270).