Hazardous Substances (Forms and Information) Regulations 2001

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Reprint
as at 1 October 2008

Crest

Hazardous Substances (Forms and Information) Regulations 2001

(SR 2001/114)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 28th day of May 2001

Present:
Her Excellency the Governor-General in Council

Note

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 section 140(1)(l) and (m)of the Hazardous Substances and New Organisms Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council (given on the recommendation of the Minister for the Environment made in compliance with section 141(1) of that Act), makes the following regulations.

Regulations

1 Title

  • These regulations are the Hazardous Substances (Forms and Information) Regulations 2001.

2 Commencement

  • These regulations come into force 2 July 2001.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    benefit means the value of a particular positive effect expressed in monetary or non-monetary terms

    cost means the value of a particular adverse effect expressed in monetary or non-monetary terms

    risk means the combination of the magnitude of an adverse effect and the probability of its occurrence.

4 Application to contain sufficient information

  • An application must contain sufficient information to enable the Authority to carry out its powers, functions, and duties in relation to that application.

5 Assessment of risks, costs, and benefits

  • (1) The identification and assessment of risk required in an application made under any of sections 28, 31, and 47 of the Act must include—

    • (a) the nature of the adverse effects of the substance; and

    • (b) the probability of occurrence and the magnitude of each adverse effect; and

    • (c) an assessment of risk of each adverse effect; and

    • (d) options and proposals for managing the risks identified; and

    • (e) the uncertainty bounds on the information contained in the assessment, expressed quantitatively where possible but otherwise by narrative statement.

    (2) The identification and assessment of costs and benefits required in an application made under section 28 of the Act must include—

    • (a) the nature of the costs and benefits associated with the proposed substance, and whether the costs and benefits are monetary or non-monetary; and

    • (b) the magnitude or expected value of the costs and benefits, and the uncertainty bounds on the expected value.

    (3) The costs and benefits referred to in subclause (2)—

    • (a) must relate to New Zealand and arise as a result of approving the application for the substance; and

    • (b) include long-term, short-term, direct, and consequential costs and benefits.

    (4) The assessment of risks, costs, and benefits must include—

    • (a) distributional effects over time, space, and groups in the community; and

    • (b) the uncertainty intervals associated with those estimates.

6 Information for public notice

  • (1) The Authority may request the applicant to provide any further information that the Authority may reasonably require for the purpose of preparing a public notice if the Authority considers that the application contains insufficient information for that purpose.

    (2) If the application is withdrawn by the applicant, all information supplied by the applicant to the Authority at any time must be returned to the applicant.

7 Search warrant

  • A search warrant issued under section 119 of the Act relating to hazardous substances must be in the form set out in the Schedule.

8 Witness summons and compliance orders

  • (1) A summons to a witness to appear at a hearing under section 61 of the Act relating to hazardous substances must be in form 6 of the Schedule of the Hazardous Substances and New Organisms (New Organisms Forms and Information Requirements) Regulations 1998 (SR 1998/218).

    (2) A compliance order under section 106 of the Act relating to hazardous substances must be in form 7 of the Schedule of those regulations.

    (3) This regulation is for the avoidance of doubt.

Schedule
Form of search warrant

r 7

Search warrant relating to hazardous substances

Section 119, Hazardous Substances and New Organisms Act 1996

To every constable

or [full name], a constable or enforcement officer

I am satisfied, on written application made on oath by [full name], that there are reasonable grounds for believing that there is, in or under or over [description of premises or dwelling], the following thing or things that, or each of which, is:

  • a substance imported, manufactured, held, transported, or disposed of in contravention of the Hazardous Substances and New Organisms Act 1996 (the Act); or

  • a document or other record in respect of which there are reasonable grounds to believe may be evidence of the commission of an offence against the Act to which section 119(1)(a) of the Act applies:

[description of thing or things]

I authorise you to enter and search that place on one occasion at any reasonable time within 14 days of the date of this warrant.

In exercising the authority conferred by this warrant, you may—

  • (a) call on any person to assist in the execution of the warrant; and

  • (b) use any force, both for making entry (by breaking open doors or otherwise) and for breaking open anything on the premises or dwelling, that is reasonable in the circumstances; and

  • (c) search for and seize—

    • (i) any substance found on the premises or dwelling that is believed, on reasonable grounds, to have been imported, manufactured, held, transported, or disposed of, in contravention of the Act; and

    • (ii) any documents or other records in respect of which there are reasonable grounds to believe may be evidence of the commission of an offence against the Act; and

  • (d) take photographs of, and make drawings of, any structure, container, packaging, or label, if there are reasonable grounds to believe that the structure, container, packaging, or label breaches the provisions of the Act or of regulations made under the Act.

This warrant is issued subject to the conditions specified below

[other conditions (if any)]

Issued at [place] [date].

District Court Judge

(or Justice of the Peace)

(or Community Magistrate)

(or Registrar)

  • Schedule form: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Martin Bell,
for Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 31 May 2001.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Hazardous Substances (Forms and Information) Regulations 2001. The reprint incorporates all the amendments to the regulations as at 1 October 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)