Hazardous Substances (Forms and Information) Regulations 2001

Reprint
as at 1 October 2012

Coat of Arms of New Zealand

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 Compliance orders
  • (1) A compliance order under section 106 of the Act relating to hazardous substances must be in form 7 of the Schedule of the Hazardous Substances and New Organisms (New Organisms Forms and Information Requirements) Regulations 1998.

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

    Regulation 8: substituted, on 21 October 2010, by regulation 9(2) of the Hazardous Substances and New Organisms (New Organisms Forms and Information Requirements) Amendment Regulations 2010 (SR 2010/326).


Schedule
Form of search warrant

r 7

  • Schedule: replaced, on 1 October 2012, by regulation 4 of the Hazardous Substances (Forms and Information) Amendment Regulations 2012 (SR 2012/254).

Search warrant relating to hazardous substances

Section 119, Hazardous Substances and New Organisms Act 1996

To [full name and level of position]/every constable*

*Select one.
1 Ground of warrant
  • I am satisfied, on an application made 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 that (or things, each of which) is:

    • Select the applicable paragraph(s).

    • (b) 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(s)]

    The suspected offence(s) to which this warrant relates is/are*: [specify].

    *Select one.
2 Conditions
  • This warrant is subject to the following conditions: [specify].

3 Authority
  • Subject to the conditions set out above, this warrant authorises you, and any person called by you to assist,—

    • (a) to enter and search the premises or dwelling; and

    • (b) to search for and seize [description of what may be seized]; and

    • (c) to seize anything else found in the course of carrying out the search, or as a result of observations at the premises or dwelling, if you have reasonable grounds to believe that you could have seized the item under any search warrant that you could have obtained or any other search power that you could have exercised; and

    • (d) to use any force that is reasonable in the circumstances to enter or break open or access any area within the premises or dwelling for the purposes of carrying out the search and any lawful seizure; and

    • (e) to use any assistance that is reasonable in the circumstances; and

    • Include paragraphs (f) and (g) only if the warrant is to be executed by a constable.

    • (f) to search any person found on the premises or at the dwelling if there are reasonable grounds to believe that an item being searched for is on that person; and

    • (g) to detain any person, for the purposes of determining whether there is any connection between that person and the object of the search,—

      • (i) who is on the premises or at the dwelling at the start of the search; or

      • (ii) who arrives on the premises or at the dwelling while the search is being carried out.

4 Remote access search
  • Omit this paragraph if the warrant does not authorise a remote access search.

  • [Set out the access information that identifies the thing to be searched remotely.]

5 Period of execution of warrant
  • The power to enter and search under this warrant may be exercised on 1 occasion/on [specify the number of times that the warrant may be executed]*.

    The warrant must be executed within 14 days/[specify number of days that warrant is issued for, which must not exceed 30 days] days* from the date of issue of this warrant.

    *Select one.

Date of issue: [date]

Name or unique identifier:

Signature:

(Judge/authorised issuing officer*)

*Select one.

Important information

Seizure of items

A list of things seized will be provided to you as soon as practicable after the seizure, and in any case not later than 7 days after the seizure.

Availability of privileges

These notes set out an explanation of the availability of privileges recognised for the purposes of a search conducted under this warrant and an outline of how any of those privileges may be claimed.

The notes provide general information relating to these matters. For further details relating to these matters, see sections 136 to 148 of the Search and Surveillance Act 2012 and the relevant sections of the Evidence Act 2006.

The following privileges are recognised for the purposes of a search conducted under this warrant:

  • legal professional privilege (referred to in section 53(5) of the Evidence Act 2006) and privilege for communications with legal advisers (as described in section 54 of the Evidence Act 2006). A person who obtains professional legal services from a legal adviser has a privilege in respect of any communication between the person and the legal adviser if the communication was intended to be confidential and was made in the course of and for the purpose of the provision of professional legal services from the legal adviser:

  • privilege for preparatory materials for proceedings (as described in section 56 of the Evidence Act 2006):

  • privilege for settlement negotiations or mediation (as described in section 57 of the Evidence Act 2006):

  • privilege for communications with ministers of religion (as described in section 58 of the Evidence Act 2006):

  • privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists (as described in section 59 of the Evidence Act 2006):

  • privilege for informers (as described in section 64 of the Evidence Act 2006):

  • rights conferred on journalists under section 68 of the Evidence Act 2006 to protect certain sources.

Effect of privilege and how privileges may be claimed
  • Claims for privilege for things seized or sought to be seized
  • 1 If you wish to claim privilege in respect of any thing seized or sought to be seized under this search warrant,—

    • (a) you must, as soon as practicable, provide to the person responsible for executing the search warrant a particularised list of the things in respect of which the privilege is claimed:

    • (b) if the thing or things in respect of which you are claiming the privilege cannot be adequately particularised, you may apply to a District Court for directions or relief.

  • Interim steps pending resolution of privilege claim
  • 2 While a claim of privilege is being determined, the person executing the search warrant—

    • (a) may secure the thing (including, if the thing is intangible, by making a forensic copy) and deliver the thing, or a copy of it, to the District Court to enable the determination of a claim to privilege; and

    • (b) must give you access to the thing secured; and

    • (c) must not search the thing secured, unless no claim of privilege is made, or a claim of privilege is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.

  • Searches affecting privileged materials
  • 3 If the person who is to execute the search warrant has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege, he or she—

    • (a) must provide to any person who he or she believes may be able to claim a privilege a reasonable opportunity to claim it; and

    • (b) may, if he or she is unable to identify or contact a person who may be able to claim a privilege, or that person's lawyer, within a reasonable period, apply to a District Court for a determination as to the status of the thing.

  • Effect of privilege
  • 4 If you make a claim of privilege in respect of any thing that is seized or sought to be seized, you have the right—

    • (a) to prevent the search of any communication or information to which the privilege would apply, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld:

    • (b) to require the return of a copy of, or access to, any such communication or information, pending determination of the claim to privilege.

Important: If you do not understand this information or if you want further advice about the availability of privileges and how any of those privileges may be claimed, you should consider getting legal advice on the matter immediately.

Inquiries

If you have any inquiries about this search, you should contact the enforcement officer or Police officer in charge, whose details are below.

[Officer's name or unique identifier] at [address of Police Station or other business address].

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 2012, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

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)