Hazardous Substances and New Organisms Act 1996

If you need more information about this Act, please contact the administering agency: Ministry for the Environment

Part 7 Inspection, enforcement, and ancillary powers

Inspection

97 Enforcement of Act

(1)

The following persons shall ensure the provisions of this Act (including any controls imposed on approvals granted under this Act) are enforced in the following situations:

(a)

WorkSafe must ensure that the provisions of this Act in respect of disposal and ecotoxic controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances, are enforced in any workplace:

(b)

WorkSafe must ensure that the provisions of this Act are enforced in, on, at, or around any distribution system, gas installation, or gas appliance:

(c)

the New Zealand Transport Agency or the Director of Land Transport may enforce the provisions of this Act in or on any motor vehicle, on any road, in or on any rail vehicle, or on any railway line:

(d)

the Commissioner of Police (after consultation with the New Zealand Transport Agency or the Director of Land Transport) shall ensure that the provisions of this Act are enforced in or on any motor vehicle, on any road, in or on any rail vehicle, or on any railway line:

(da)

in relation to the retail sale of fireworks, the Commissioner of Police must ensure that any restrictions and prohibitions imposed under this Act are enforced:

(e)

the Director of the Civil Aviation Authority shall ensure that the provisions of this Act are enforced in or on any aircraft and that the provisions of this Act relating to the discharge of hazardous substances from an aircraft are enforced:

(f)

the Director of Maritime New Zealand shall ensure that the provisions of this Act are enforced in or on any ship:

(g)

the chief executive of the Ministry of Health shall ensure that the provisions of this Act are enforced where it is necessary to protect public health:

(h)

the chief executive of any territorial authority—

(i)

shall ensure that the provisions of this Act are enforced in or on any premises situated in the district of the territorial authority other than those premises specified in paragraphs (a) to (g):

(ii)

may enforce the provisions of this Act in or on those premises specified in paragraphs (a) to (g) where the territorial authority is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991:

(iii)

shall ensure that the provisions of this Act are enforced in or on those premises specified in paragraphs (a) to (g), where the function, power, or duty is transferred to the territorial authority in accordance with section 98.

(iv)
[Repealed]

(2)

The chief executive of a regional council may—

(a)

enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) if the regional council is in or on those premises for the purposes of enforcing the provisions of the Resource Management Act 1991:

(b)

enforce the provisions of this Act in or on those premises specified in subsection (1)(a) to (g) if the function, power, or duty is transferred to the regional council in accordance with section 98.

(3)

The Authority must ensure that the following matters are enforced:

(a)

provisions of this Act in respect of classification controls and content controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances:

(b)

the requirement for a hazardous substance to have an approval before being imported or manufactured:

(c)

prohibitions relating to persistent organic pollutants and hazardous substances prohibited by regulations:

(d)

requirements imposed under any EPA notice made under section 76A.

(4)

The Authority must ensure the provisions of this Act in respect of any regulations, EPA controls, and equivalent conditions in group standards issued under section 96B that relate to hazardous substances are enforced in any workplace to the extent that responsibility for enforcement is not provided for in subsection (1)(a) to (g).

Section 97(1): amended, on 30 October 2003, by section 44 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

Section 97(1)(a): replaced, on 1 December 2017, by section 37(1) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 97(1)(b): replaced, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Section 97(1)(c): amended, on 1 April 2021, by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

Section 97(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 97(1)(c): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 97(1)(d): amended, on 1 April 2021, by section 175(1) of the Land Transport (NZTA) Legislation Amendment Act 2020 (2020 No 48).

Section 97(1)(d): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 97(1)(d): amended, on 20 July 2005, by section 103(3) of the Railways Act 2005 (2005 No 37).

Section 97(1)(da): inserted, on 1 December 2017, by section 37(2) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 97(1)(e): amended, on 1 December 2017, by section 37(3) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 97(1)(e): amended, on 20 April 2010, by section 24 of the Hazardous Substances and New Organisms Amendment Act 2010 (2010 No 18).

Section 97(1)(f): amended, on 1 July 2011, by section 12 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

Section 97(1)(h)(iii): amended, on 22 December 2005, by section 27(1) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 97(1)(h)(iv): repealed, on 1 July 2011, by section 12 of the Hazardous Substances and New Organisms Amendment Act 2011 (2011 No 16).

Section 97(2): added, on 22 December 2005, by section 27(2) of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 97(3): inserted, on 1 December 2017, by section 37(4) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).

Section 97(4): inserted, on 1 December 2017, by section 37(4) of the Hazardous Substances and New Organisms Amendment Act 2015 (2015 No 72).