Supplementary Order Paper No 150

  • Unofficial version

No 150

House of Representatives

Supplementary Order Paper

Thursday, 20 September 2007

Waste Minimisation (Solids) Bill


Proposed amendments

Hon David Parker, in Committee, to move the following amendments:

Clause 1

To omit (Solids) (line 3 on page 4) and substitute and Resource Recovery.

Clause 2

To omit this clause (lines 6 to 8 on page 4) and substitute the following clause:

2 Commencement
  • (1) Part 3 comes into force 12 months after the date on which this Act receives the Royal assent.

    (2) The rest of this Act comes into force on the day after the date on which it receives the Royal assent.

Clause 3

To omit this clause (lines 9 to 15 on page 4) and substitute the following clause:

3 Purpose
  • The purpose of this Act is to—

    • (a) protect the environment from harm; and

    • (b) provide environmental, social, and economic benefits by encouraging—

      • (i) more efficient use of materials; and

      • (ii) reduction in waste and waste disposal.

Clause 5

To omit this clause (line 18 on page 4 to line 6 on page 8) and substitute the following clauses:

5 Interpretation
  • In this Act, unless the context otherwise requires,—

    accredited scheme means a product stewardship scheme accredited by the Minister under section 13

    appointed levy collector means a person appointed in accordance with section 36(1)(a) to collect the levy

    auditor means a person appointed under section 77(1)

    disposal has the meaning set out in section 5A

    disposal facility has the meaning set out in section 5B

    end of a product’s life means the stage in the life cycle of a product at which the product—

    • (a) is no longer used by a consumer for its original purpose; and

    • (b) is to be or has been disposed or discarded by the consumer

    enforcement officer means a person appointed as an enforcement officer under section 66(1) or (2)

    financial year means a period of 12 months ending with 30 June

    infringement fee means the amount prescribed as the infringement fee for the infringement offence concerned

    infringement offence means an offence prescribed as an infringement offence

    judicial officer means a District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the police)

    levy means the levy imposed by section 22

    levy collector, in relation to a disposal facility, means—

    • (a) the Secretary, if there is no appointed levy collector for the facility; or

    • (b) the appointed levy collector

    levy money means the money paid as levy

    life cycle means every stage of the life of a product from manufacture to reuse, recycling, recovery, or disposal

    materials includes a type of matter that is defined by its source or composition, for example, garden waste, kitchen waste, and organic waste

    Minister means the Minister for the Environment

    objectives, in relation to a product stewardship scheme, means the objectives for the scheme established under section 12(c)(i)

    operator means the owner or other person in control of a disposal facility or other facility

    prescribed means prescribed by regulations made under this Act

    priority product means a product declared to be a priority product under section 7

    product includes—

    • (a) packaging; and

    • (b) a class of product

    product stewardship scheme means a product stewardship scheme to which Part 2 applies

    recovery

    • (a) means extraction of materials or energy from waste for further use or processing; and

    • (b) includes making waste into compost

    recycling means the reprocessing of waste to produce new materials

    reduction means lessening waste generation

    reuse means the further use of waste in its existing form for the original purpose of the materials or products that constitute the waste, or a similar purpose

    scheme manager means the person responsible for—

    • (a) obtaining accreditation of a product stewardship scheme; and

    • (b) implementing the scheme

    Secretary means the Secretary for the Environment appointed in accordance with section 29 of the Environment Act 1986

    territorial authority has the same meaning as in section 5 of the Local Government Act 2002

    treatment

    • (a) means subjecting waste to any physical, biological, or chemical process to change its volume or character so that it may be disposed with no or reduced adverse effect on the environment; but

    • (b) does not include dilution of waste

    Waste Advisory Board or Board means the Waste Advisory Board established by section 79

    waste management and minimisation plan means a waste management and minimisation plan adopted by a territorial authority under section 39.

5A Meaning of disposal
  • (1) In this Act, unless the context otherwise requires, disposal

    • (a) means the deposit of waste into or onto land set apart for that purpose; and

    • (b) includes the incineration of waste; but

    • (c) does not include any deposit of waste onto land if, not later than 1 month after the deposit, or any later time that the Secretary has agreed to in writing, the waste is—

      • (i) reused, recycled, recovered, or treated on the land; or

      • (ii) removed from the land to be reused, recycled, recovered, or treated elsewhere.

    (2) In subsection (1)(b), incineration means the deliberate burning of waste to destroy it, but not to recover energy from it.

5B Meaning of disposal facility
  • (1) In this Act, unless the context otherwise requires, disposal facility means—

    • (a) a facility, including a landfill,—

      • (i) at which waste is disposed; and

      • (ii) at which the waste disposed includes household waste; and

      • (iii) that operates, at least in part, as a business to dispose of waste; and

    • (b) any other facility or class of facility at which waste is disposed that is prescribed as a disposal facility.

    (2) In subsection (1)(a)(ii), household waste means waste from households that is not entirely from construction, renovation, or demolition of a household.

Parts 2 to 10

To omit these Parts (line 7 on page 8 to line 30 on page 42) and substitute the following Parts.

Part  2
Product stewardship

6 Purpose of Part
  • The purpose of this Part is—

    • (a) to provide a process for identifying priority products; and

    • (b) to require product stewardship schemes to be developed and accredited for priority products; and

    • (c) to provide for voluntary product stewardship schemes to be accredited for products that are not priority products; and

    • (d) to provide for the making of regulations in relation to priority products and other products and materials.

Priority products

7 Declaration of priority products
  • (1) The Minister may, by notice in the Gazette, declare a product to be a priority product.

    (2) The Minister may make the declaration if he or she is satisfied that—

    • (a) the product will or may cause significant environmental harm at the end of the product’s life; or

    • (b) there is significant public concern about the nature or level of environmental harm arising from the product at the end of the product’s life; or

    • (c) there will be environmental, social, or economic benefits from the reuse, recycling, recovery, or treatment of the product.

    (3) Before the Minister makes the declaration, he or she must—

    • (a) obtain and consider the advice of the Waste Advisory Board; and

    • (b) be satisfied that—

      • (i) the product can be managed effectively under a product stewardship scheme; and

      • (ii) the public have had an adequate opportunity to comment on the proposal to declare the product to be a priority product.

    (4) The Minister may, by notice in the Gazette, revoke a declaration made under subsection (1), if he or she considers it appropriate to do so.

Product stewardship schemes

8 When product stewardship scheme required
  • As soon as practicable after a product is declared to be a priority product, a product stewardship scheme for the product must be developed and accredited.

9 Voluntary product stewardship scheme
  • A product stewardship scheme that has been voluntarily developed for a non-priority product may be accredited under this Part.

10 Ministerial guidelines for product stewardship schemes
  • (1) The Minister may, by notice in the Gazette, publish guidelines about the contents and expected effects of product stewardship schemes.

    (2) The guidelines may be general guidelines or guidelines that apply to 1 or more priority products.

    (3) Without limiting subsection (1), the guidelines may include 1 or more of the following matters:

    • (a) the duration of the scheme:

    • (b) the expected reduction in harm to the environment from the implementation of a scheme or the expected benefits from the reuse, recycling, recovery, or treatment of the product:

    • (c) the time within which the matters specified in paragraph (b) are expected to occur:

    • (d) the expected reduction, reuse, recycling, recovery, treatment, or disposal objectives for the product and the time frames for achieving them:

    • (e) reporting and consumer information requirements:

    • (f) in relation to a scheme for a priority product, the time within which an application for accreditation of the scheme is expected to be made under section 11.

Accreditation of product stewardship schemes

11 Application for accreditation
  • (1) A scheme manager may apply to the Minister for accreditation of a product stewardship scheme.

    (2) The application must—

    • (a) be made in writing in the prescribed manner (if any); and

    • (b) include the prescribed information (if any); and

    • (c) be accompanied by the prescribed fee (if any); and

    • (d) identify how the scheme meets the requirements for accreditation under section 12; and

    • (e) identify whether regulations under section 18 or 19 will be required to implement the scheme; and

    • (f) include evidence of the agreement of the participants in the scheme (being the persons referred to in section 12(e)).

12 Requirements for accreditation
  • To qualify for accreditation, a product stewardship scheme must—

    • (a) identify the scheme manager responsible for the scheme:

    • (b) provide a description of the product or brand of product to which it applies:

    • (c) establish—

      • (i) realistic and measurable reduction, reuse, recycling, recovery, treatment, or disposal objectives for the product; and

      • (ii) time frames for achieving the objectives:

    • (d) list the classes of person involved in the life cycle of the product:

    • (e) list the persons who have agreed to participate in the scheme and assign responsibility to them for meeting the scheme’s objectives:

    • (f) specify the arrangements for—

      • (i) making decisions under the scheme:

      • (ii) the control and overall operation of the scheme:

      • (iii) keeping records and making reports under the scheme:

    • (g) specify the scheme’s expiry date:

    • (h) provide for enforcement of the scheme against the persons listed under paragraph (e):

    • (i) provide for assessing the scheme’s performance and the reporting on its performance to the Minister:

    • (j) set out a strategy for publication of the scheme:

    • (k) set out how consumers will be informed about the scheme and the safe management of the product at the end of the product’s life.

13 Accreditation
  • (1) The Minister must accredit a product stewardship scheme if he or she is satisfied that the scheme—

    • (a) meets the requirements of section 12; and

    • (b) is likely to achieve the scheme’s objectives within the time frame specified in the scheme; and

    • (c) is likely to promote waste minimisation or reduce the environmental harm from disposing of the product concerned without (in either case) causing greater environmental harm over the life cycle of the product; and

    • (d) is consistent with any guidelines published under section 10; and

    • (e) is consistent with New Zealand’s international obligations.

    (2) Despite subsection (1)(d), the Minister may accredit a product stewardship scheme that is not consistent with any guidelines published under section 10.

    (3) Before deciding whether to accredit a product stewardship scheme, the Minister may seek further information from—

    • (a) the scheme manager; and

    • (b) any other person who, in the Minister’s opinion, is likely to be significantly affected by the scheme.

    (4) As soon as possible after deciding whether to accredit a product stewardship scheme, the Minister must provide to the scheme manager written notice of the decision and the reasons for the decision.

14 Variation of accredited scheme
  • (1) An accredited scheme may be varied.

    (2) However, no amendment to an accredited scheme has any effect until the scheme, as varied, is re-accredited under section 13.

15 Expiry of accreditation
  • The accreditation of a product stewardship scheme expires on the earlier of the following dates:

    • (a) the date specified in the scheme as its expiry date:

    • (b) 7 years after the date that notice is given under section 13(4).

16 Revocation of accreditation
  • (1) The Minister may revoke the accreditation of an accredited scheme if—

    • (a) the Minister is satisfied that—

      • (i) reasonable steps are not being taken to implement the scheme; and

      • (ii) the objectives of the scheme are not being met or are not likely to be met within the time frame specified in the scheme; or

    • (b) the Minister is satisfied that the reporting requirements for the scheme are not being complied with; or

    • (c) the product to which the scheme relates was not a priority product at the date of the scheme’s accreditation, but has subsequently been declared a priority product, and the Minister considers that the objectives of the scheme are no longer adequate.

    (2) The Minister must not revoke the accreditation of an accredited scheme unless he or she—

    • (a) gives the scheme manager prior notice; and

    • (b) provides a reasonable opportunity to receive submissions from the scheme manager on whether the accreditation should be revoked.

17 Accredited scheme subject to other laws
  • An accredited scheme applies subject to other any enactment, the general law, and any bylaws (within the meaning of the Local Government Act 2002).

Regulations in relation to priority products, accredited schemes, products and materials

18 Regulations in relation to priority products and accredited schemes
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

    • (a) prohibiting the sale or offer for sale of a priority product except in accordance with an accredited scheme:

    • (b) prescribing the manner in which applications for accredited schemes must be made:

    • (c) prescribing the information to be included in applications for accredited schemes:

    • (d) prescribing the fee payable for an application for an accredited scheme.

    (2) Before recommending the making of regulations under subsection (1)(a), the Minister must—

    • (a) obtain and consider the advice of the Waste Advisory Board; and

    • (b) be satisfied that—

      • (i) there has been adequate consultation with persons or organisations who may be substantially affected by the regulations; and

      • (ii) without the regulations, either—

        • (A) the objectives of any accredited scheme concerned cannot be met; or

        • (B) if there is no accredited scheme for the product concerned, the objectives of any guidelines published under section 10 cannot be met; and

      • (iii) the environmental and economic benefits expected from implementing the regulations exceed the environmental and economic costs expected from implementing the regulations; and

      • (iv) the regulations are consistent with New Zealand’s international obligations.

19 Regulations in relation to products (whether or not priority products) and materials
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

    • Control or prohibition of disposal, importation, sale, etc
    • (a) controlling or prohibiting the disposal, or anything done for the purpose of disposing, of specified products or materials:

    • (b) controlling or prohibiting—

      • (i) the importation for sale or distribution of products that contain specified materials:

      • (ii) the manufacture, sale, or distribution of products that contain specified materials:

    • Take-back services, fees, and refundable deposits
    • (c) requiring specified classes of person to provide a take-back service for specified products, and prescribing requirements for—

      • (i) the take-back service; and

      • (ii) the reuse, recycling, recovery, treatment, or disposal of products taken back:

    • (d) setting fees payable for the management of a product and specifying—-

      • (i) the class or classes of person who must pay the fee; and

      • (ii) the stages in the product’s life cycle where the fee must be paid; and

      • (iii) the purposes to which the fee must be applied:

    • (e) requiring specified classes of person to charge a deposit on the sale or distribution of specified products, requiring the deposits to be refunded in specified circumstances, and prescribing requirements for the application of any deposits not refunded:

    • Labelling of products
    • (f) prescribing requirements for the labelling of specified products:

    • Quality standards
    • (g) prescribing standards to be met for the quality of materials or products for reuse, recycling, or recovery:

    • (h) requiring persons or classes of person to ensure that the standards prescribed under paragraph (g) are met:

    • Information to be collected and provided
    • (i) requiring specified persons or specified classes of person to collect, and provide to the Secretary, information about any requirements imposed in any regulations made under any of paragraphs (a), (c), (d), or (e):

    • Miscellaneous
    • (j) providing for any other matter contemplated by this Part.

    (2) Regulations may be made under—

    • (a) subsection (1)(a) only if the Minister is satisfied that there is adequate infrastructure and facilities in place to provide a reasonably practicable alternative to disposal or (if not) that a reasonable time is provided before the regulations come into force for adequate infrastructure and facilities to be put in place:

    • (b) subsection (1)(b) only if a reasonably practicable alternative to the specified materials is available.

    (3) Before recommending the making of regulations under subsection (1), the Minister must—

    • (a) obtain and consider the advice of the Waste Advisory Board; and

    • (b) be satisfied that—

      • (i) there has been adequate consultation with persons or organisations who may be substantially affected by the regulations; and

      • (ii) the environmental and economic benefits expected from implementing the regulations exceed the environmental and economic costs expected from implementing the regulations; and

      • (iii) the regulations are consistent with New Zealand’s international obligations.

New Zealand Customs Service to provide information about priority products

20 New Zealand Customs Service to provide information about priority products
  • (1) The Secretary may request, in writing, the New Zealand Customs Service to provide to the Secretary any information that the New Zealand Customs Service holds about the importers and importation of priority products.

    (2) The New Zealand Customs Service must comply with a request as soon as practicable.

    (3) Information provided to the Secretary under this section may be used by the Secretary only for the purpose of administering and enforcing regulations made under this Part.

Part  3
Waste disposal levy

21 Purpose of Part
  • The purpose of this Part is to enable a levy to be imposed on waste disposed to—

    • (a) raise revenue to be used for waste minimisation; and

    • (b) increase the cost of waste disposal to recognise that disposal imposes costs on the environment, society, and the economy.

Levy must be paid

22 Levy imposed on waste disposed at disposal facility
  • (1) A levy is imposed on waste disposed at a disposal facility.

    (2) Subsection (1) does not apply to waste disposed at a disposal facility if—

    • (a) the facility is exempted from the levy by regulations made under this Part; or

    • (b) the waste concerned is exempted from the levy by regulations made under this Part.

23 Rate of levy
  • The levy is payable on the amount of waste disposed at a disposal facility—

    • (a) at the prescribed rate; or

    • (b) at the rate of $10 per tonne (exclusive of goods and services tax), if the rate is not prescribed.

24 Operator of disposal facility must pay levy to levy collector
  • (1) The operator of a disposal facility must pay the levy on waste disposed at the facility.

    (2) The levy must be paid to the levy collector in the prescribed manner and at the prescribed times.

    (3) This section is subject to section 25.

25 Waiver of levy payment
  • The Secretary may waive the requirement for an operator to pay any amount of levy, if satisfied that exceptional circumstances justify the waiver.

Distribution and spending of levy money

26 Secretary must distribute and spend levy money
  • The Secretary must distribute and spend all levy money received by—

    • (a) paying any refunds to operators in accordance with regulations made under section 37(1)(j); and

    • (b) paying shares to territorial authorities in accordance with sections 27 and 29; and

    • (c) spending the remainder on 1 or more of the following:

      • (i) collecting and administering the levy:

      • (ii) funding waste minimisation projects that the Minister has approved for funding under section 34:

      • (iii) administration costs relating to waste minimisation projects, for example, the costs of approving or declining funding or of auditing projects.

27 Territorial authorities to receive share
  • (1) The Secretary must pay each territorial authority a share of the total levy money collected in respect of a financial year.

    (2) A territorial authority’s share is calculated using the following formula:

     
    territorial authority’s share =
    (levy collected − levy refunded)
    ×
    district’s population
      2 total population
     where—
     levy collected is the total levy money collected in respect of the financial year
     levy refunded is the total levy money refunded in respect of the financial year in accordance with regulations made under section 37(1)(j)
     district’s population is—
       (a)the population of the district of the territorial authority as shown by the census of population published most recently before the start of the financial year; or
       (b)if the district was constituted, or its boundaries were altered, after that census was published, the population of the district assessed by the Government Statistician as at the date of the district’s constitution or boundary alteration
     total population is the total of all districts’ populations.

    (3) The territorial authority’s share must be paid to the territorial authority in the prescribed manner and at the prescribed times.

    (4) This section is subject to section 29.

28 Spending of levy money by territorial authorities
  • Each territorial authority must spend all levy money it receives on reduction, reuse, recycling, or recovery activities that are provided for in the territorial authority’s waste management and minimisation plan.

29 Secretary may retain levy money instead of paying territorial authority
  • (1) Despite section 27, the Secretary must retain levy money payable to a territorial authority if—

    • (a) the territorial authority has not adopted a waste management and minimisation plan at the time the payment is to be made; or

    • (b) the Minister has directed the Secretary to retain the payment under section 33.

    (2) The Secretary must spend any money retained under subsection (1) in accordance with section 26(c).

Estimated levy and unpaid levy

30 Estimation of amount of levy payable
  • (1) This section applies if the levy collector considers that an amount of levy payable by an operator under section 24 cannot be accurately assessed because the operator—

    • (a) did not provide records or information in accordance with any prescribed requirement; or

    • (b) provided records or information that the levy collector considers, on reasonable grounds, to be incomplete or incorrect.

    (2) The levy collector may,—

    • (a) in the prescribed manner, estimate the amount of levy payable; and

    • (b) make a written demand for the amount from the operator.

    (3) Once the written demand is made, the estimated amount must be treated as the correct amount of levy payable by the operator under section 24.

31 Interest on unpaid levy
  • (1) If the operator of a disposal facility does not fully pay an amount of levy (the original amount) by the close of the due day for payment, the levy owing is to be treated as having been increased by an amount calculated daily using the following formula:

    amount of increase = unpaid amount × prescribed rate

     where—
     unpaid amount is any part of the original amount that remains unpaid on the day of calculation
     prescribed rate  has the same meaning as in section 87(3) of the Judicature Act 1908.

    (2) Any amount of increase calculated under subsection (1) is not itself subject to an increase under that subsection.

32 Unpaid levy is debt
  • Any levy payable to a levy collector is recoverable as a debt by the levy collector in any court of competent jurisdiction.

Minister’s functions in relation to levy

33 Minister may direct Secretary to retain payment to territorial authority
  • The Minister may direct the Secretary to retain 1 or more payments of levy money to a territorial authority in respect of a financial year, if the Minister considers that the territorial authority has not met any of the following requirements or standards in respect of the previous financial year:

    • (a) the requirement to spend levy money in accordance with section 28:

    • (b) a performance standard set by the Minister under section 43:

    • (c) the requirement to review its waste management plan under section 53(b):

    • (d) any prescribed requirement to provide records or information.

34 Minister may approve funding of waste minimisation projects
  • (1) The Minister may approve funding of any waste minimisation project.

    (2) In deciding whether to approve funding of a project, the Minister—

    • (a) must consider any criteria notified under subsection (3); and

    • (b) may consider any other matters that he or she thinks relevant.

    (3) The Minister may, by notice in the Gazette, set or vary criteria for approving funding of a waste minimisation project.

    (4) Before setting or varying criteria, the Minister must obtain and consider the advice of the Waste Advisory Board.

35 Minister must review effectiveness of levy
  • (1) The Minister must review the effectiveness of the levy—

    • (a) not later than 3 years after the commencement of this Part; and

    • (b) then at intervals of not more than 5 years after the last review.

    (2) In undertaking a review, the Minister—

    • (a) must obtain and consider the advice of the Waste Advisory Board; and

    • (b) must consider whether the amount of waste disposed in New Zealand has decreased since the last review (or the commencement of this Part, in the case of the first review); and

    • (c) must consider whether the amount of waste reused, recycled, or recovered in New Zealand has increased since the last review (or the commencement of this Part, in the case of the first review); and

    • (d) may consider any other matters that he or she thinks relevant.

36 Minister may appoint levy collector
  • (1) The Minister may, by notice in the Gazette,—

    • (a) appoint a person (instead of the Secretary) to collect the levy from the operators of 1 or more disposal facilities; or

    • (b) remove the person from that appointment.

    (2) The terms of appointment may permit the appointed person to retain part of the levy money collected as a collection fee.

    (3) An appointed person must, subject to subsection (2),—

    • (a) pay any levy money collected into a separate trust account to be held on trust for the Secretary; and

    • (b) pay the levy money to the Secretary upon request.

    (4) The levy money in the trust account is not available to pay any creditor of the appointed person (other than the Secretary), and is not liable to be attached or taken in execution at the instance of any such creditor.

    (5) A person who ceases to be an appointed levy collector must maintain the trust account concerned until all the levy the collector was appointed to collect is collected and paid to the Secretary.

Regulations in relation to waste disposal levy and related matters

37 Regulations in relation to waste disposal levy and related matters
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

    • Imposition of levy
    • (a) prescribing any facility, or class of facility, at which waste is disposed as a disposal facility for the purposes of this Act:

    • (b) specifying any disposal facility, or class of disposal facility, that is exempt from the levy:

    • (c) specifying the type, volume, or weight of any waste that is exempt from the levy:

    • Rate of levy
    • (d) specifying that a single levy rate applies, or different levy rates apply, to different disposal facilities, classes of disposal facility, or types of waste:

    • (e) prescribing the rate of levy to apply to—

      • (i) 1 or more disposal facilities or classes of disposal facility; or

      • (ii) 1 or more types of waste:

    • Payment of levy
    • (f) prescribing the manner in which, and the times at which, the operator of a disposal facility must pay the levy:

    • (g) specifying when the operator of a disposal facility may be allowed more time to pay the levy, and any conditions that may apply to the payment:

    • (h) allowing an operator who objects on conscientious or religious grounds to paying the levy in the prescribed manner to pay it in another manner:

    • (i) prescribing the manner in which a levy collector may estimate the amount of levy payable by the operator of a disposal facility:

    • Distribution and spending of levy money
    • (j) providing for the refund of all or part of a payment of levy money in any specific case or type of case:

    • (k) prescribing the manner in which, and the times at which, the Secretary must pay a share of levy money to a territorial authority:

    • Miscellaneous
    • (l) providing for any other matter contemplated by this Part.

    (2) Before recommending the making of regulations under subsection (1)(a) to (e), the Minister must—

    • (a) obtain and consider the advice of the Waste Advisory Board; and

    • (b) be satisfied that there has been adequate consultation with persons or organisations who may be substantially affected by the regulations.

    (3) The Minister must not recommend the making of regulations under subsection (1)(b), (c), or (j) unless he or she is satisfied that exceptional circumstances justify the exemption or refund.

    (4) Regulations made under subsection (1)(e),—

    • (a) if made on or before 30 June in any year, expire on the close of 30 June in the following year, unless Parliament passes an Act confirming the regulations before they expire:

    • (b) if made on or after 1 July in any year, expire on the close of 31 December in the following year, unless Parliament passes an Act confirming the regulations before they expire.

    (5) If regulations expire under subsection (4), the levy rate specified in the regulations remains valid in respect of the period before expiry.

Part  4
Responsibilities of territorial authorities in relation to waste management and minimisation

38 Territorial authority to encourage efficient waste management and minimisation
  • (1) A territorial authority must promote effective and efficient waste management and minimisation within its district.

    (2) In complying with subsection (1), the territorial authority must—

    • (a) have regard to environmental and economic costs and benefits for the district; and

    • (b) ensure that the management and minimisation of waste does not cause a nuisance and is not injurious to health.

    Compare: 1974 No 66 s 538

Waste management and minimisation plans

39 Waste management and minimisation plans
  • (1) A territorial authority—

    • (a) must adopt a waste management and minimisation plan; and

    • (b) may amend the plan or revoke the plan and substitute a new plan.

    (2) In preparing, amending, or revoking and substituting the waste management and minimisation plan, the territorial authority must—

    • (a) have regard to the matters specified in section 38; and

    • (b) consider the following methods of waste management and minimisation (which are listed in descending order of importance) and accord importance to a method accordingly:

      • (i) reduction:

      • (ii) reuse:

      • (iii) recycling:

      • (iv) recovery:

      • (v) treatment:

      • (vi) disposal; and

    • (c) use the special consultative procedure set out in section 83 of the Local Government Act 2002.

    (3) The waste management and minimisation plan must—

    • (a) provide for the collection and reduction, reuse, recycling, recovery, treatment, or disposal of waste (including hazardous waste) in the district:

    • (b) provide for the plan’s effective and efficient implementation, or for activities considered appropriate for that purpose to be undertaken by, or under contract to, the territorial authority.

    Compare: 1974 No 66 s 539

40 Joint waste management and minimisation plans
  • Two or more territorial authorities may jointly prepare and adopt a waste management and minimisation plan for the whole or part of their districts, and section 39 applies accordingly, with all necessary modification.

41 Allocation of costs
  • (1) A territorial authority must allocate the costs incurred in the implementation of its waste management and minimisation plan in the manner that the territorial authority considers will effectively and appropriately promote the objectives of the plan.

    (2) However, if the waste management and minimisation plan authorises it to do so, the territorial authority may allocate the costs incurred in the implementation of the plan in a way that establishes economic incentives and disincentives that promote any or all of the objectives of the plan.

    Compare: 1974 No 66 s 544

42 Governor-General may give directions to territorial authority
  • (1) The Governor-General may, by Order in Council, direct a territorial authority to include, omit, or amend provisions in its waste management and minimisation plan.

    (2) A territorial authority must, as soon as practicable, amend its waste management and minimisation plan to give effect to a direction given to it under subsection (1).

    (3) Section 39 does not apply to an amendment to a waste management and minimisation plan made under this section.

43 Minister may set performance standards for territorial authorities
  • (1) The Minister may, by notice in the Gazette, set performance standards for the implementation of waste management and minimisation plans.

    (2) A performance standard may apply generally or to 1 or more territorial authorities.

Waste management and minimisation activities, operations, and facilities

44 Waste management and minimisation activities
  • (1) A territorial authority may undertake or contract for any activity it considers appropriate for the effective and efficient management and minimisation of waste in its district, including—

    • (a) the collection and reduction, reuse, recycling, recovery, treatment, or disposal of any waste from any premises (including roads and footpaths):

    • (b) the collection, removal, and disposal of nightsoil:

    • (c) the cleaning of sanitary conveniences:

    • (d) the provision of waste management and minimisation facilities inside or outside the district:

    • (e) the sale or supply by the territorial authority of receptacles for waste containment and collection:

    • (f) the promotion of waste minimisation education and publicity programmes in the district.

    (2) However, if a waste management and minimisation plan is in force for the district, the territorial authority must—

    • (a) exercise the powers conferred on it by subsection (1) in accordance with the plan; and

    • (b) allocate, in accordance with section 41, the costs incurred in implementing the plan.

    (3) A territorial authority may sell any marketable product resulting from any activity of the territorial authority carried out under this Part, but must retain any proceeds of sale to fund waste management and minimisation activities.

    Compare: 1974 No 66 s 540

45 Waste management and minimisation operations and facilities
  • (1) A territorial authority may,—

    • (a) provide, establish, construct, own, maintain, and operate works and facilities for the reduction, reuse, recycling, recovery, treatment, or disposal of waste:

    • (b) undertake the collection and transportation of waste, and activities for the temporary or permanent storage, and reduction, reuse, recycling, recovery, treatment, or disposal of waste (including hazardous waste); and

    • (c) for the purposes of carrying out any of the activities described in paragraphs (a) and (b), enter into an arrangement or contract with any other person for the carrying out of the activities—

      • (i) on the terms and conditions agreed between the territorial authority and the other person; and

      • (ii) whether the activity is carried out inside or outside the district of the territorial authority; and

      • (iii) either for the benefit of the territorial authority or for the benefit of both the territorial authority and 1 or more other persons.

    (2) However, if a waste management and minimisation plan is in force for the district, the territorial authority must exercise, in accordance with the plan, the powers conferred on it by subsection (1) that it considers necessary.

    (3) This section applies subject to—

    • (a) the other provisions of this Part; and

    • (b) any other Act.

    Compare: 1974 No 66 s 541

Collection and disposal of waste

46 Collection and disposal of waste
  • (1) This section applies in relation to waste collected and disposed under this Part.

    (2) The collection and disposal of waste must be executed promptly and efficiently, and at intervals specified by the Medical Officer of Health having jurisdiction in the district.

    (3) If the collection and disposal of waste in relation to any premises is not executed in compliance with subsection (2), the occupier or a Health Protection Officer may serve notice on the territorial authority of the non-compliance.

    (4) As soon as practicable after being served with the notice, the territorial authority must inform any contractor concerned.

    (5) If, after the notice is served, the collection and disposal of the waste is not done within a reasonable time, the following person commits an offence:

    • (a) the contractor, if the work is being carried out by contract; or

    • (b) the territorial authority, if the work is being carried out by the territorial authority.

    Compare: 1974 No 66 s 540A

Bylaws

47 Bylaws
  • (1) A territorial authority may make bylaws for 1 or more of the following purposes:

    • (a) prohibiting or regulating the deposit of waste or of waste of any specified type:

    • (b) regulating the collection and transportation of waste or waste of any specified type:

    • (c) regulating the mode of disposal of dead animals, including their temporary storage pending disposal:

    • (d) prescribing charges to be paid for public use of waste management and minimisation facilities provided, owned, or operated by the territorial authority:

    • (e) prohibiting, restricting, or controlling public access to waste management and minimisation facilities provided, owned, or operated by the territorial authority:

    • (f) prohibiting the removal of waste intended for recycling from receptacles provided by the territorial authority by anyone other than—

      • (i) the occupier of the property from which the waste in the receptacle has come; or

      • (ii) a person authorised by the territorial authority to remove the waste.

    (2) Bylaws made under subsection (1)(b) may provide for the licensing of persons who commercially carry out the collection and transportation of waste or waste of any specified type, and the conditions specified in the bylaws as conditions of the licences may include conditions requiring each licensee—

    • (a) to provide a suitable works performance bond or security, or both, for the performance of the work licensed:

    • (b) to provide to the territorial authority, at times or periods specified in the bylaws, reports setting out—

      • (i) in accordance with criteria specified in the bylaws, the quantities and composition of waste collected and transported under the licence:

      • (ii) both the source and the destination of the waste collected and transported under the licence.

    (3) Sections 150, 151, 155, and 156 of the Local Government Act 2002 apply, with all necessary modifications, to any bylaw made under this section.

    (4) To avoid doubt,—

    • (a) the power of a territorial authority to make bylaws under this section is in addition to its power to make bylaws under the Local Government Act 2002:

    • (b) subsection (3) applies despite anything to the contrary in the Local Government Act 2002:

    • (c) this section does not limit any provisions of the Local Government Act 2002 that apply to a bylaw made under this section.

    Compare: 1974 No 66 s 542

48 Crown bound by bylaws
  • (1) The Crown is bound by any bylaw made by a territorial authority under section 47.

    (2) However, the Minister may, by written notice to the relevant territorial authority, exempt the Crown from any bylaw by which it is bound under subsection (1) if the Minister is satisfied, in his or her discretion, that the exemption is in the national interest.

    (3) If a notice is given under subsection (2), the Minister must, as soon as practicable after giving the notice, publish in the Gazette and present to the House of Representatives a copy of the notice.

49 Review of bylaws
  • (1) A territorial authority must review a bylaw made by it under section 47

    • (a) not later than 5 years after the bylaw was made; and.

    • (b) then at intervals of not more than 10 years after the last review.

    (2) For the purposes of subsection (1), sections 160 and 160A of the Local Government Act 2002 apply with all necessary modifications.

    (3) Despite subsection (1), the first review for any bylaw to which section 54 applies must be—

    • (a) no later than 1 July 2008, if the bylaw was made before 1 July 2003; or

    • (b) no later than 5 years after the bylaw was made, if the bylaw was made after 1 July 2003.

50 Regulations in relation to bylaws
  • The Governor-General may, by Order in Council, make regulations for the following purposes:

    • (a) prescribing offences against bylaws that are infringement offences under this Act:

    • (b) prescribing infringement fees (not exceeding $1,000) for infringement offences:

    • (c) prescribing the form of, and any particulars required in, infringement notices issued under section 64.

Grants

51 Grants
  • (1) If authorised to do so by its waste management and minimisation plan, a territorial authority may make grants or advances of money to any person, organisation, group, or body of persons for the purpose of promoting or assisting the reduction, reuse, recycling, recovery, treatment, or disposal of waste.

    (2) A grant or advance of money may be made on terms and conditions that the territorial authority thinks fit, including that an advance of money is free of interest.

    Compare: 1974 No 66 s 543

Consequential and transitional provisions

52 Consequential repeal of Part 31 of Local Government Act 1974
  • Part 31 of the Local Government Act 1974 is consequentially repealed.

53 Transitional provision for waste management plans adopted under Local Government Act 1974
  • A waste management plan adopted under Part 31 of the Local Government Act 1974 as at the commencement of this Act is to be treated as if it were a waste management and minimisation plan adopted under this Part, and—

    • (a) this Part applies to the waste management plan accordingly; and

    • (b) the territorial authority concerned must review the plan not later than 2 years after the commencement of this Act.

54 Transitional provision for bylaws made under Local Government Act 1974
  • Bylaws made under Part 31 of the Local Government Act 1974 and in force immediately before the commencement of this Act are to be treated as if they had been made under this Part.

Part  5
Offences and enforcement

Offences

55 Offences
  • (1) The following persons commit an offence against this Act and are liable on summary conviction to a fine not exceeding $100,000:

    • (a) a producer who contravenes regulations made under section 18(1)(a):

    • (b) any person (other than a producer) who knowingly contravenes regulations made under section 18(1)(a):

    • (c) a person who contravenes regulations made under section 19(1)(c), (d), (e), (f), or (i):

    • (d) a person who knowingly contravenes regulations made under section 19(1)(a), (b), (g), or (h):

    • (e) a person who contravenes regulations made under section 76(1)(a) or (b):

    • (f) a person who, in providing records or other information required by regulations made under section 19(1)(i) or 76(1)(a), (b), or (c), knowingly—

      • (i) supplies false or misleading information; or

      • (ii) makes any material omission.

    (2) A person who commits an offence against section 46(5) is liable on summary conviction to a fine not exceeding $20,000.

    (3) The following persons commit an offence against this Act and are liable on summary conviction to a fine not exceeding $5,000:

    • (a) a person who intentionally prevents an enforcement officer or auditor from carrying out his or her statutory functions or duties; or

    • (b) a person who—

      • (i) refuses to give information when required to do so by an enforcement officer acting under section 68 or an enforcement officer or auditor acting under section 69; or

      • (ii) intentionally supplies false or misleading information to an enforcement officer acting under section 68 or an enforcement officer or auditor acting under section 69. (ca person who incites any other person to do an act referred to in paragraph (a) or (b).

    (4) In subsection (1)(a) and (b), producer

    • (a) means—

      • (i) the person who manufactures a product and sells or distributes it in New Zealand under the person’s own brand; or

      • (ii) if there is no person to which subparagraph (i) applies, any other person who is the owner or licence holder of a trademark under which the product is sold in New Zealand; or

      • (iii) if there is no person to which subparagraphs (i) and (ii) apply, the person who imports the product for sale or distribution in New Zealand; and

    • (b) includes a person who manufactures or imports a product for use in trade by the person or the person’s agent.

56 Offences against bylaws
  • Every person commits an offence who breaches a bylaw made under section 47 and is liable on summary conviction to a fine not exceeding $20,000.

57 Additional penalty for contravention involving commercial gain
  • (1) If a person is convicted of an offence under section 55, the Court may, on the application of the Secretary or the territorial authority, as the case may be, in addition to any penalty that the Court may impose under that section, order that person to pay an amount not exceeding the value of any commercial gain resulting from the contravention, if the Court is satisfied that the contravention occurred in the course of producing a commercial gain.

    (2) The value of any gain must be assessed by the Court, and any amount ordered to be paid is recoverable in the same manner as a fine.

    (3) The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.

Strict liability and defences

58 Strict liability
  • In any prosecution for an offence specified in section 46(5), 55(1)(a), (c), or (e), or 56, it is not necessary to prove that the defendant intended to commit the offence.

59 Defences
  • (1) It is a defence to an offence against this Act, or a bylaw made under section 47, if the Court is satisfied—

    • (a) that—

      • (i) the act or omission giving rise to the offence was necessary—

        • (A) to save or protect life or health or prevent injury; or

        • (B) to prevent serious damage to property; or

        • (C) to avoid actual or likely significant harm to the environment; and

      • (ii) the conduct of the defendant was reasonable in the circumstances; and

      • (iii) the effects of the act or omission were adequately remedied or mitigated by the defendant after the offence occurred; or

    • (b) that—

      • (i) the act or omission giving rise to the offence was due to an action or event beyond the control of the defendant; and

      • (ii) the action or event could not reasonably have been foreseen or prevented by the defendant; and

      • (iii) the effects of the defendant’s act or omission were adequately remedied or mitigated by the defendant after the offence occurred; or

    (2) It is a defence to an offence against section 55(a), (c), or (e), if the Court is satisfied—

    • (a) the defendant took all reasonable steps to prevent or stop the commission of the offence; and

    • (b) the effects of the defendant’s act or omission giving rise to the offence were adequately remedied or mitigated by the defendant after the offence occurred.

Liability of principals for acts of agents

60 Liability of principals for acts of agents
  • (1) The consequence specified in subsection (2) applies if a person (person A) commits an offence against this Act while acting as an agent (including a contractor) or employee of another person (person B).

    (2) Person B is liable under this Act in the same manner and to the same extent as if person B had personally committed the offence.

    (3) The liability of person B under subsection (2) is without prejudice to the liability of person A.

    (4) If any proceedings are brought by virtue of subsection (2), it is a defence if person B proves,—

    • (a) in the case of a natural person (including a partner in a firm), that—

      • (i) he or she did not know nor could reasonably be expected to have known that the offence was to be or was being committed; or

      • (ii) he or she took all reasonable steps to prevent the commission of the offence:

    • (b) in the case of a body corporate, that—

      • (i) neither the directors nor any person involved in the management of the body corporate knew or could reasonably be expected to have known that the offence was to be or was being committed; or

      • (ii) the body corporate took all reasonable steps to prevent the commission of the offence.

    (5) If a body corporate is convicted of an offence against this Act, every director and every person involved in the management of the body corporate is guilty of the same offence if it is proved—

    • (a) that the act or omission that constituted the offence took place with that person’s authority, permission, or consent; or

    • (b) that he or she knew or could reasonably have been expected to know that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.

Time for laying informations

61 Time for laying information
  • (1) Despite section 14 of the Summary Proceedings Act 1957, an information in respect of an offence against this Act may be laid at any time within 12 months after the time when the matter of the information arose.

    (2) Despite section 14 of the Summary Proceedings Act 1957, an information in respect of an offence against a bylaw made under section 47 may be laid at any time by the territorial authority concerned within 6 months after the time when the matter giving rise to the information first became known, or should have become known, to the territorial authority.

Injunctions

62 Injunctions restraining commission of offences under section 46(5)
  • (1) A District Court may, on the application of a territorial authority, grant an injunction restraining a person from committing an offence against section 46(5).

    (2) An injunction may be granted under subsection (1)

    • (a) despite anything in any other enactment:

    • (b) whether or not proceedings in relation to the offence have been commenced:

    • (c) if a person is convicted of the offence,—

      • (i) in substitution for, or in addition to, any other penalty; or

      • (ii) in subsequent proceedings.

Infringement offences

63 Proceedings for infringement offences
  • A person who is alleged to have committed an infringement offence may either—

    • (a) be proceeded against under the Summary Proceedings Act 1957; or

    • (b) be served with an infringement notice under section 64.

64 Issue and service of infringement notices
  • (1) An infringement notice may be issued to a person if an enforcement officer—

    • (a) observes the person committing an infringement offence; or

    • (b) has reasonable cause to believe that an infringement offence is being or has been committed by the person.

    (2) An infringement notice may be served—

    • (a) by an enforcement officer (not necessarily the person who issued the notice) personally delivering it (or a copy of it) to the person alleged to have committed the infringement offence; or

    • (b) by post addressed to the person’s last known place of residence or business.

    (3) For the purposes of the Summary Proceedings Act 1957, an infringement notice sent to a person under subsection (2)(b) must be treated as having been served on the person when it was posted.

    (4) An infringement notice must be in the prescribed form and must contain the following particulars:

    • (a) details of the alleged infringement offence sufficient to fairly inform a person of the time, place, and nature of the alleged offence:

    • (b) the amount of the infringement fee specified for the offence:

    • (c) the time within which the infringement fee must be paid:

    • (d) the address of the place at which the infringement fee must be paid:

    • (e) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957:

    • (f) a statement that the person served with the notice has a right to request a hearing:

    • (g) a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing:

    • (h) any other particulars that are prescribed.

    (5) If an infringement notice has been served under this section,—

    • (a) proceedings in respect of the offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957; and

    • (b) the provisions of that section apply with all necessary modifications.

65 Entitlement to infringement fees
  • A territorial authority may retain the infringement fees received by it for any infringement offences resulting from infringement notices issued by enforcement officers appointed by the territorial authority.

Enforcement

66 Enforcement officers
  • (1) The Secretary may appoint—

    • (a) a person to be an enforcement officer for the purposes of ensuring compliance with regulations made under this Act; or

    • (b) an auditor to be an enforcement officer for the purposes of exercising the power of entry under section 69(1)(a) in relation to an audit.

    (2) A territorial authority may appoint a person to be an enforcement officer in its district—

    • (a) for the purposes of ensuring compliance with any regulations made under section 19(1)(a):

    • (b) for the purposes of ensuring compliance with any bylaws made by the territorial authority under section 47.

    (3) A person must not be appointed as an enforcement officer unless the person has appropriate experience, technical competence, and qualifications relevant to the area of responsibilities proposed to be allocated to that person.

    (4) The Secretary or the territorial authority, as the case may be, must supply each enforcement officer with a warrant that states—

    • (a) the full name of the person; and

    • (b) the powers conferred on the person under this Act.

    (5) An enforcement officer who holds a warrant issued under this section must, on the termination of his or her appointment, surrender the warrant to the Secretary or the territorial authority, as the case may be.

Enforcement officer powers

67 Exercise of powers
  • (1) An enforcement officer may exercise the powers under this Act, in accordance with his or her warrant, only for the purposes for which he or she was appointed.

    (2) An enforcement officer exercising a power under this Act must have with him or her, and must produce if required to do so, his or her warrant and evidence of his or her identity.

    (3) An enforcement officer exercising the power of entry under section 69(1)(a) must produce his or her warrant and evidence of identity to the occupier of the land, building, or place concerned,—

    • (a) if practicable, on first entering the land, building, or place; and

    • (b) whenever subsequently reasonably required to do so by the occupier.

68 Power to require certain information
  • An enforcement officer may require a person to give his or her name and address, if the officer believes on reasonable grounds that the person is committing or has committed an offence against this Act or a bylaw made under section 47.

69 Power to inspect property and obtain information
  • (1) An enforcement officer may, if he or she believes on reasonable grounds that an offence against this Act or a bylaw made under section 47 has been or is being committed,—

    • (a) enter any land, building, or place at any reasonable time:

    • (b) inspect and examine any property and any books, accounts, records, or documents (including records or documents held in electronic or other form):

    • (c) require any person to produce any books, accounts, records, or documents (including records or documents held in electronic or other form) in that person’s possession or under that person’s control, and allow copies of or extracts from those books, accounts, records, or documents to be made or taken.

    (2) Before exercising the power in subsection (1)(a), the officer must, if practicable, give reasonable notice to the occupier of the land, building, or place of the intention to exercise the power, unless the giving of notice would defeat the purpose of the entry.

    (3) This section is subject to section 70.

70 Consent or warrant required to inspect dwellinghouse or marae
  • (1) An enforcement officer may not exercise the power of entry under section 69(1)(a) in relation to a dwellinghouse or marae—

    • (a) except with the consent of the occupier of the dwellinghouse or marae; or

    • (b) unless—

      • (i) authorised to do so by a warrant issued under subsection (2); and,

      • (ii) when exercising the power, the enforcement officer is accompanied by a member of the police.

    (2) A judicial officer may, on the written application of an enforcement officer made on oath, issue a warrant authorising the enforcement officer to enter the dwellinghouse or marae specified in the application.

    (3) The judicial officer may make an order under subsection (2)

    • (a) only if he or she is satisfied that—

      • (i) the proposed entry is necessary for the purposes of section 69(1)(a); and

      • (ii) the enforcement officer has taken all reasonable steps to obtain the consent of the occupier to the proposed entry; and

    • (b) subject to any conditions that he or she thinks fit.

    (4) In this section,—

    dwellinghouse

    • (a) means any building or any part of a building to the extent that it is occupied as a residence; and

    • (b) in relation to a homeworker who works in a building that is not wholly occupied as a residence, excludes any part of the building not occupied as a residence

    marae includes—

    • (a) the buildings associated with a marae, for example, the wharenui (meeting house), the wharekai (dining room), and ablution blocks; and

    • (b) the land on which the buildings are situated.

71 Seizure of property not on private land
  • (1) An enforcement officer may seize and impound property that is not on private land if—

    • (a) the property is materially involved in the commission of an offence; and

    • (b) it is reasonable in the circumstances to seize and impound the property; and

    • (c) before seizing and impounding the property, the enforcement officer—

      • (i) directed (orally or in writing) the person committing the offence to stop committing the offence; and

      • (ii) has advised (orally or in writing) the person committing the offence that, if he or she does not stop committing the offence, the enforcement officer has power to seize and impound the property; and

      • (iii) provided the person with a reasonable opportunity to stop committing the offence.

    (2) However, if the property is not in the possession of a person at the time the enforcement officer proposes to seize and impound the property, the enforcement officer does not have to comply with subsection (1)(c).

    (3) As soon as practicable after seizing and impounding property, an enforcement officer must give a notice—

    • (a) to the person in possession of the property at the time it was seized and impounded; or

    • (b) if paragraph (a) does not apply, to any person who the enforcement officer can ascertain is the owner of, or has an interest in, the property.

    (4) In this section and section 72, offence—

    • (a) means an offence against this Act; and

    • (b) includes an offence against a bylaw.

72 Seizure of property from private land
  • (1) A judicial officer may issue a warrant authorising an enforcement officer to enter private property involved in the commission of an offence, and seize and impound property.

    (2) A warrant may be issued only if—

    • (a) the application for it is made in writing and on oath; and

    • (b) the judicial officer is satisfied that—

      • (i) the property is materially involved in the commission of an offence; and

      • (ii) it is reasonable in the circumstances for the property to be seized; and

      • (iii) the enforcement officer has directed the person committing the offence to stop committing the offence and has advised the person that, if he or she fails to do so, the enforcement officer intends to apply for a warrant; and

      • (iv) the enforcement officer has given the person committing the offence a reasonable opportunity to stop committing the offence.

    (3) A warrant—

    • (a) may be issued subject to any terms and conditions imposed by the judicial officer issuing the warrant; and

    • (b) authorises an enforcement officer, subject to any terms and conditions imposed under paragraph (a), to—

      • (i) use any assistance that is necessary in the circumstances; and

      • (ii) use any force that is reasonably necessary to enter the land and seize and impound the property concerned.

73 Conditions for exercise of warrant to seize property on private land
  • (1) An enforcement officer executing a warrant issued under section 72 must—

    • (a) be accompanied by a member of the police; and

    • (b) when entering the land and when reasonably requested to do so afterwards, produce for inspection by any person occupying the land at the time—

      • (i) the warrant; and

      • (ii) evidence of the officer's identity; and

    • (c) if requested, whether at the time or later, provide a copy of the warrant within 7 days after receiving the request.

    (2) If no person is present and occupying the land when an enforcement officer executes the warrant, the enforcement officer must—

    • (a) leave a copy of the warrant—

      • (i) affixed to a building or fixture on the land; or

      • (ii) in a prominent place on the land; and

    • (b) on a copy of the warrant, endorse—

      • (i) the date and time of the execution of the warrant; and

      • (ii) the name of the enforcement officer executing the warrant; and

      • (iii) a description of any property seized and impounded in sufficient detail to enable the property to be identified.

74 Return of property seized and impounded
  • (1) The owner of property that has been seized and impounded under section 71 or 72, or the person from whom the property was seized, may request the territorial authority concerned to return the property.

    (2) The territorial authority must return the property if—

    • (a) the property is not likely to be involved in an offence for which it was seized; and

    • (b) the owner or person has paid, or tenders with the request payment of, the costs of the territorial authority in seizing, impounding, transporting, and storing the property.

    (3) If the territorial authority refuses to return the property, the owner or person from whom it was seized may apply to a District Court to review the territorial authority's decision.

    (4) The District Court may—

    • (a) confirm the territorial authority's decision; or

    • (b) order that the property be returned.

75 Power to dispose of property seized and impounded
  • (1) A territorial authority may dispose of property that has not been returned within 6 months after it was seized and impounded.

    (2) A territorial authority must not dispose of property before giving the owner of the property and the person it was seized from not less than 14 working days' notice of the authority's intention to do so.

    (3) A territorial authority may dispose of the property by way of sale or otherwise as it thinks fit.

    (4) Any proceeds from the disposal of the property must be applied to pay,—

    • (a) first, the costs incurred in seizing, impounding, transporting, and storing the property:

    • (b) second, the costs of disposing of the property:

    • (c) third, any surplus to the owner of the property or the person from whom it was seized.

Part  6
Reporting and audits

Reporting

76 Regulations in relation to records, information, and reports
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

    • Information from operator of disposal facility
    • (a) requiring the operator of a disposal facility to keep, and provide to the Secretary and any appointed levy collector, records and information—

      • (i) to enable amounts of levy payable by the operator to be accurately assessed; or

      • (ii) about the quantity and composition of waste received at the facility:

    • Information from any class of person
    • (b) requiring any class of person, for example, operators of disposal facilities or facilities at which waste is received for reuse, recycling, recovery, or treatment, to keep, and provide to the Secretary, records and information to assist the Secretary to compile statistics in order to—

      • (i) measure progress in waste disposal and minimisation:

      • (ii) report on the state of New Zealand’s environment:

      • (iii) assess New Zealand’s performance in minimising waste:

      • (iv) identify improvements needed in infrastructure for minimising waste:

    • Information from territorial authority
    • (c) requiring a territorial authority to keep, and provide to the Secretary each year, records and information about the territorial authority’s—

      • (i) spending of levy money; and

      • (ii) performance in implementing waste minimisation activities in accordance with its waste management and minimisation plan; and

      • (iii) performance as measured against any performance standards set by the Minister under section 43:

    • Miscellaneous
    • (d) prescribing the form and manner in which, and the times at which, the records and information referred to in any of paragraphs (a), (b), and (c) must be kept or provided:

    • (e) prescribing requirements for a person to verify that records and information are correct before providing them under any of paragraphs (a), (b), and (c):

    • (f) providing for any other matter contemplated by this Part.

    (2) Before recommending the making of regulations under subsection (1), the Minister must—

    • (a) obtain and consider the advice of the Waste Advisory Board; and

    • (b) be satisfied that there has been adequate consultation with persons or organisations who may be substantially affected by the regulations.

    (3) Before recommending the making of regulations under subsection (1)(b), the Minister must also consult the Government Statistician.

Audits

77 Secretary may require audit
  • (1) The Secretary may appoint, in writing, 1 or more auditors to conduct an audit under section 78.

    (2) No person is qualified for appointment as an auditor unless the person is a chartered accountant (within the meaning of section 19 of the Institute of Chartered Accountants of New Zealand Act 1996).

    (3) None of the following persons may be appointed as an auditor:

    • (a) a person who may be audited under section 78, or the person’s officers or employees; or

    • (b) a person with a conflict of interest in relation to the audit for which the auditor is to be appointed.

78 Audit in respect of certain matters relating to facility or person
  • (1) An auditor may audit the following facilities or persons for the purpose of obtaining, and reporting to the Secretary on, information about the matters specified in relation to the facility or person:

    • (a) a disposal facility, or its operator, in respect of—

      • (i) payment of the levy by the operator:

      • (ii) compliance by the operator with any prescribed requirement to keep or provide records or other information:

    • (b) any person, in respect of the person’s compliance with any prescribed requirement to keep or provide records or other information:

    • (c) an appointed levy collector, in respect of the collection of levy that the collector is appointed to collect:

    • (d) a territorial authority that receives levy money, in respect of the spending of the levy money:

    • (e) any person who is paid levy money under section 26(c)(ii) to fund a waste minimisation project, in respect of the spending of the levy money:

    • (f) the scheme manager of an accredited scheme, or any person who has agreed to participate in the scheme, in respect of their compliance with the scheme’s requirements to keep records or make reports:

    • (g) any person, in respect of the person’s compliance with regulations made under section 18(1)(a) or 19.

    (2) For the purposes of subsection (1), an auditor may exercise—

    • (a) the power of entry under section 69(1)(a) only if appointed an enforcement officer under section 66; or

    • (b) the powers of an enforcement officer under section 69(1)(b) or (c), despite not being an enforcement officer, but must produce evidence of his or her identity and appointment as an auditor whenever reasonably required to do so.

    (3) An auditor must not disclose to any person information obtained in the exercise of the auditor’s powers, except—

    • (a) in a prosecution under this Act; or

    • (b) in an action for the recovery of any amount due under this Act; or

    • (c) to the Secretary, the Minister, or a person authorised by the Secretary or the Minister to receive the information.

Part  7
Waste Advisory Board

79 Establishment of Waste Advisory Board
  • This section establishes the Waste Advisory Board.

80 Function of Board
  • (1) The function of the Board is to provide advice, upon request, to the Minister.

    (2) The advice is to relate to waste minimisation or the functions of the Secretary or the Minister under this Act.

    (3) The Board must provide advice within terms of reference set by the Minister.

81 Terms of reference
  • (1) The Minister must, by written notice to the Board, set terms of reference for the advice to be provided under section 80.

    (2) The Minister may, by written notice to the Board, vary the terms of reference at any time.

82 Minister to appoint members to Board
  • (1) The Minister must appoint at least 4, but not more than 8, members to the Board.

    (2) The Minister must appoint 1 member as the chairperson of the Board.

    (3) The Minister may reappoint a member for a further term or terms.

    (4) An appointment must be made by written notice to the person concerned.

83 How members appointed
  • (1) The Minister must comply with this section in appointing or reappointing members.

    (2) The Minister must request nominations for members of the Board, and allow 1 month to receive nominations, by giving public notice—

    • (a) in the Gazette; and

    • (b) in daily newspapers circulating in Auckland, Hamilton, Wellington, Christchurch, and Dunedin; and

    • (c) on a website maintained by, or on behalf of, the Ministry for the Environment.

    (3) However, the Minister may appoint a person as a member of the Board whether or not the Minister receives a nomination for the person under subsection (2).

    (4) The Minister must consult the Minister of Maori Affairs before appointing any member to the Board.

    (5) In appointing members, the Minister must consider the need for the Board to have available to it, from its members, knowledge, skill, and experience relating to—

    • (a) this Act; and

    • (b) matters that are likely to come before the Board; and

    • (c) community initiatives for waste minimisation; and

    • (d) industry, including the commercial waste industry; and

    • (e) local government; and

    • (f) tikanga Maori.

    (6) The Minister must notify the appointment in the Gazette as soon as practicable after appointing a member to the Board.

84 Term of office of members
  • (1) A member of the Board holds office for a term of 3 years, or any shorter term stated in his or her notice of appointment.

    (2) A member continues in office despite the expiry of the member’s term of appointment until—

    • (a) a successor is appointed; or

    • (b) the Minister gives written notice to the member that the member is not to be reappointed and no successor is to be appointed at that time.

    (3) A member may resign from office by giving written notice to the Minister.

85 Removal of members
  • (1) The Minister may remove a member of the Board from office at any time, for just cause.

    (2) The removal must be made by written notice to the member stating the reasons for the removal.

    (3) The Minister must notify the removal in the Gazette as soon as practicable after giving the notice to the member.

    (4) In subsection (1), just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of duty.

86 No compensation for loss of office
  • A member of the Board is not entitled to any compensation or other payment or benefit relating to his or her ceasing, for any reason, to hold office as a member.

87 Fees and expenses of members
  • (1) A member of the Board is entitled to be—

    • (a) paid fees at a rate set by the Minister in accordance with the fees framework; and

    • (b) reimbursed for actual and reasonable travelling and other expenses incurred in carrying out the member’s office, in accordance with the fees framework.

    (2) In subsection (1), fees framework has the same meaning as in section 10 of the Crown Entities Act 2004.

88 Proceedings of Board
  • The Board may regulate its own proceedings, subject to the provisions of this Part.

Schedule

To omit the Schedule (pages 43 to 52).


Explanatory note

This Supplementary Order Paper (SOP) amends the Waste Minimisation (Solids) Bill (the Bill). The Bill is currently before the Local Government and Environment Select Committee for consideration. It is a member’s Bill and, therefore, has not been developed in conjunction with the Ministry for the Environment. This SOP has been developed in conjunction with the Ministry, and is based on the Government’s policies in relation to waste, waste minimisation, and sustainability. The release of this SOP means that the Committee can now consider the Bill together with the SOP.

The SOP proposes to remove the provisions relating to the Waste Minimisation Authority, waste control authorities, organisational waste minimisation plans, the public procurement policy, and public organisation reporting. It also proposes changing the name of the Bill to the Waste Minimisation and Resource Recovery Bill, a new purpose provision, and amendments to the definitions in the Bill. Key new definitions proposed include disposal, disposal facility, materials, and scheme manager. The SOP then proposes to omit Parts 2 to 10 and substitute new Parts 2 to 7.

New Part 2 relates to product stewardship. It identifies priority products, and requires a product stewardship scheme to be developed and accredited for them. The Part also provides for voluntary product stewardship schemes to be accredited for products that are not priority products. The Part authorises the making of regulations, including in relation to restricting disposal of certain materials, take-back services, advance disposal fees, standards for recycling, and labelling.

New Part 3 imposes a levy on waste disposed at a disposal facility. The operator of the facility must pay the levy. Once the levy money is collected, and any required refunds have been made, half of the levy money is shared between territorial authorities on the basis of each district’s population. A territorial authority must spend its share on reduction, reuse, recycling, or recovery activities provided for in its waste management and minimisation plan. The Secretary (the Chief Executive of the Ministry for the Environment) must spend the other half of the levy money on funding waste minimisation projects as approved by the Minister, and collection and administration costs. The Part authorises the making of regulations, including in relation to the imposition, rate, and payment of the levy, and the distribution of the levy money collected.

New Part 4 transfers into the Bill the provisions relating to territorial authorities and waste management that are currently contained in Part 31 of the Local Government Act 1974. These provisions are largely unchanged, except there is a greater emphasis on waste minimisation and a provision allowing the Minister to direct a territorial authority to change its plan is included. There is also a requirement on a territorial authority to review its existing waste management and minimisation plan not later than 2 years after the Bill commences.

New Part 5 relates to offences against the Act and any bylaws made by territorial authorities under new Part 4, and enforcement powers. The Part enables a territorial authority to use an infringement offence regime for breaches of bylaws.

New Part 6 authorises the making of regulations requiring certain persons to keep specified information and provide it to the Secretary (and an appointed levy collector, in some cases). The persons who may have to keep and provide information are:

  • the operators of disposal facilities:

  • any other class of person, such as the operators of recycling facilities:

  • territorial authorities.

New Part 6 also provides for auditors to be appointed to audit certain facilities or persons for specified purposes. For example, a disposal facility may be audited in respect of levy that the operator is required to pay under new Part 3.

New Part 7 establishes the Waste Advisory Board, specifies how members are appointed, and deals with related matters. The Board’s function is to provide advice to the Minister upon request. The Board’s advice relates to waste minimisation or the functions of the Secretary or Minister under the Act.