Imports and Exports (Living Modified Organisms) Prohibition Order 2005

Reprint
as at 11 February 2005

Crest

Imports and Exports (Living Modified Organisms) Prohibition Order 2005

(SR 2005/12)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 7th day of February 2005

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.

This order is administered by the Ministry of Economic Development.


Pursuant to section 3A(1) of the Imports and Exports (Restrictions) Act 1988, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following order.

Order

1 Title
  • This order is the Imports and Exports (Living Modified Organisms) Prohibition Order 2005.

2 Commencement
  • This order comes into force on 25 May 2005.

3 Interpretation
  • In this order, unless the context otherwise requires,—

    Conference decision means a decision of the Conference of the Parties to the Convention serving as the meeting of the Parties to the Protocol

    contained use means any operation, undertaken within a facility, installation, or other physical structure, that involves living modified organisms that are controlled by specific measures that effectively limit their contact with, and their impact on, the external environment

    Convention means the Convention on Biological Diversity, done at Rio de Janiero on 5 June 1992; and includes the Annexes to the Convention, and any amendments to, or substitutions of, those documents that are or will become binding on New Zealand

    craft has the same meaning as in section 2(1) of the Customs and Excise Act 1996

    exportation means any shipment in any craft for transportation to a point outside New Zealand; and export and exported have corresponding meanings

    exporter means a person for whom, or by whom, living modified organisms are exported, and includes a person who is or becomes the owner of or entitled to possession of or is beneficially interested in living modified organisms on or at any time after entry for export and before they are exported

    importing country means the country that receives the living modified organism exported from New Zealand, but does not include countries of transit

    living modified organism means any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology

    living organism means any biological entity capable of transferring or replicating genetic material, including sterile organisms, viruses, and viroids

    Minister has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

    modern biotechnology means the application of—

    • (a) in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles; or

    • (b) fusion of cells beyond the taxonomic family,—

    that overcome natural physiological reproductive or recombination barriers and that are not techniques used in traditional breeding and selection

    Protocol means the Cartagena Protocol on Biosafety to the Convention, done at Montreal on 29 January 2000, and amendments to, or substitution of, those documents that are or will become binding on New Zealand

    shipment has the same meaning as in section 2(1) of the Customs and Excise Act 1996.

4 Exports of living modified organisms
  • The exportation of living modified organisms is prohibited, except as provided in clauses 5 to 8.

5 When living modified organism that is pharmaceutical for humans may be exported
  • (1) A living modified organism that is a pharmaceutical for humans and that is addressed by relevant international agreements or organisations other than the Protocol may be exported.

    (2) Otherwise, a living modified organism that is a pharmaceutical for humans may be exported only if it falls within a category of exportation to which clauses 6 to 8 apply, and the requirements of the relevant clause or clauses have been met.

6 When living modified organism intended for contained use may be exported
  • (1) A living modified organism that is intended for contained use may be exported if the Minister has consented to its exportation.

    (2) The Minister may consent to the exportation if the Minister is satisfied that the living modified organism is—

    • (a) handled, packaged, and transported under conditions of safety and according to relevant international rules and standards; and

    • (b) accompanied by documentation in conformity with New Zealand's obligations under the Protocol; and

    • (c) otherwise exported in conformity with New Zealand's obligations under the Protocol.

7 When living modified organism intended for direct use as food or feed, or for processing, may be exported
  • (1) A living modified organism intended for direct use as food or feed, or for processing, may be exported if the Minister has consented to the exportation.

    (2) Subject to subclause (3), the Minister may consent to the exportation if the Minister is satisfied that the living modified organism is—

    • (a) handled, packaged, and transported under conditions of safety and according to relevant international rules and standards; and

    • (b) accompanied by documentation in conformity with New Zealand's obligations under the Protocol; and

    • (c) otherwise exported in conformity with New Zealand's obligations under the Protocol.

    (3) If the living modified organism is being exported for the first time into the importing country, the Minister may only consent if the following additional requirements are also satisfied:

    • (a) if the importing country is a Party to the Protocol, the requirements of Article 11 of the Protocol have been complied with; and

    • (b) the exporter complies with any conditions or requirements imposed by the importing country that are consistent with the Protocol or other relevant international instruments.

8 When living modified organism intended for intentional introduction into environment may be exported
  • (1) A living modified organism intended for intentional introduction into the environment of the importing country may be exported if the Minister has consented to the exportation.

    (2) Subject to subclause (3), the Minister may consent to the exportation if the Minister is satisfied that the living modified organism is—

    • (a) handled, packaged, and transported under conditions of safety and according to relevant international rules and standards; and

    • (b) accompanied by documentation in conformity with New Zealand's obligations under the Protocol; and

    • (c) otherwise exported in conformity with New Zealand's obligations under the Protocol.

    (3) If the living modified organism is being exported for the first time into the importing country, the Minister may only consent if the following additional requirements are also satisfied:

    • (a) if the importing country is a Party to the Protocol, the advance informed agreement procedure in Articles 8, 9, 10, and 12 of the Protocol have been complied with; and

    • (b) the exporter has complied with any conditions or requirements imposed by the importing country that are consistent with the Protocol or other relevant international instruments.

    (4) Subclause (3)(a) does not apply if the living modified organism has been identified in a Conference decision as being not likely to have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health.

9 Separate consents required for exportation of living modified organism that falls into more than 1 category of exportation
  • If the exportation of a living modified organism falls into more than 1 of the categories of exportation to which clauses 6 to 8 apply, the separate consent of the Minister must be obtained for each category of exportation.

Diane Morcom,
Clerk of the Executive Council.


Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 25 May 2005, controls the export from New Zealand of living modified organisms. Those controls are necessary to fulfil New Zealand's imminent obligations under the Cartagena Protocol on Biosafety 2000 (the Protocol) which is a Protocol to the Convention on Biological Diversity 1992 (the Convention) to which New Zealand is a Party.

The scheme of the order is to prohibit the export of living modified organisms from New Zealand unless Ministerial consent is obtained. In that case, a living modified organism may be exported, subject to certain conditions which depend on the purpose of the export, as required by the Protocol.

It is intended that New Zealand ratify the Protocol in February 2005 so that the Protocol will enter into force for New Zealand on 25 May 2005. Copies of the Convention and the Protocol are available for inspection free of charge at the head offices, and on or through the websites, of the following departments:

  • Ministry of Economic Development (www.med.govt.nz):

  • Ministry for the Environment (www.mfe.govt.nz).


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

Date of notification in Gazette: 10 February 2005.


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 Imports and Exports (Living Modified Organisms) Prohibition Order 2005. The reprint incorporates all the amendments to the order as at 11 February 2005, 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/legislation/reprints.shtml or Part 8 of the Tables of 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)