The purpose of this Act is to encourage waste minimisation and a decrease in waste disposal in order to—

This Act binds the Crown.

In this Act, unless the context requires another meaning,—

In this Act,—

In this Act, unless the context requires another meaning, disposal means—

In subsection (1)(a), for all purposes relating to the levy, final (or more than short-term) deposit of waste means any deposit of waste other than a deposit referred to in section 26(3).

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

In this Act, unless the context requires another meaning, disposal facility means—

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

The purpose of this Part is to encourage (and, in certain circumstances, require) the people and organisations involved in the life of a product to share responsibility for—

The Minister may, by notice in the Gazette, declare a product to be a priority product.

The Minister must not make the declaration unless he or she is satisfied that—

Before the Minister makes the declaration, he or she—

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

As soon as practicable after a product is declared to be a priority product,—

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

The Minister may, by notice in the Gazette, publish guidelines about the contents and expected effects of product stewardship schemes for priority products.

The guidelines may be general guidelines or guidelines that apply to 1 or more products.

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

Before the Minister makes any guidelines, he or she must—

A scheme manager may apply to the Minister for accreditation of a product stewardship scheme.

The application must—

To qualify for accreditation, a product stewardship scheme must—

The Minister must accredit a product stewardship scheme if he or she is satisfied that the scheme—

Despite subsection (1)(e), the Minister may accredit a product stewardship scheme that is not consistent with any guidelines published under section 12 if, before accrediting the scheme, he or she has obtained and considered the advice of the Waste Advisory Board.

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

As soon as practicable 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.

An accredited scheme may be varied.

However, no variation to an accredited scheme has any effect until the scheme, as varied, is re-accredited under section 15.

Subsection (2) does not apply if the variation to the scheme is a variation that will not adversely affect the scheme’s objectives or its ability to meet those objectives within the time frames set in the scheme but, if the variation adds 1 or more participants to the scheme or adds 1 or more brands of product to which the scheme relates, the scheme manager must notify the Minister, in writing, of the addition not more than 5 working days after the scheme is varied.

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

However, the accreditation of an existing product stewardship scheme continues if,—

A product stewardship scheme to which subsection (2) applies continues as an accredited scheme until the date that the replacement scheme is accredited or the application concerned is declined by the Minister under section 15.

The Minister may revoke the accreditation of an accredited scheme if—

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

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

The Secretary may—

Any charge payable to the Secretary under section 20 is recoverable as a debt by the Secretary in a court of competent jurisdiction.

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:

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

For the purposes of subsection (1)(e), regulations may provide for charges payable to the Secretary using 1 or more of the following methods:

However, if more than 1 charging method is provided, the Secretary must use the method that he or she believes on reasonable grounds to be the most suitable and equitable in the circumstances concerned.

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 on disposal, sale, etc

Take-back services, fees, and refundable deposits

Labelling of products

Quality standards

Information to be collected and provided

Miscellaneous

The Minister must not recommend the making of regulations—

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

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.

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

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.

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

A levy is imposed on waste disposed of at a disposal facility.

However, subsection (1) does not apply to waste disposed of at a disposal facility if—

For all purposes relating to the levy, disposal does not include the deposit of waste onto land if, not later than 6 months after its deposit (or any later time that the Secretary has agreed to in writing), the waste is—

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

The operator of a disposal facility must pay the levy on waste disposed of at the facility.

The amount of levy payable must be calculated in accordance with regulations made under this Part.

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

This section is subject to section 29.

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

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

The Secretary must pay each territorial authority a share of the total levy money collected in respect of a financial year.

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

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

This section is subject to section 33.

A territorial authority may spend the levy money it receives under section 31 only—

When making a decision in relation to funding any matter to which subsection (1) applies, the territorial authority must consider the effects that the decision may have on any existing waste minimisation services, facilities, and activities (whether provided by the territorial authority or otherwise).

Despite section 31, the Secretary must retain levy money payable to a territorial authority if,—

The Secretary must spend any money retained under subsection (1) in accordance with section 30(c).

This section applies if the levy collector considers that an amount of levy payable by an operator under section 28 cannot be accurately calculated because the operator—

The levy collector may,—

Once the written demand is made, the estimated amount must be treated as the correct amount of levy payable by the operator under section 28.

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:

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

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

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 he or she is satisfied that the territorial authority has not met any of the following requirements or standards in respect of the previous financial year:

The Minister may approve funding of any project to promote or achieve waste minimisation.

The Minister may approve funding of a project on any terms or conditions that he or she thinks fit.

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

The Minister may, by notice in the Gazette, set or vary criteria for approving funding of a project under this section.

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

The Minister must review the effectiveness of the levy—

In undertaking a review, the Minister—

The Minister may, by notice in the Gazette,—

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

Subject to subsection (2), an appointed person must—

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.

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.

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

Rate of levy

Calculation and payment of levy

Distribution and spending of levy money

Miscellaneous

Before recommending the making of regulations under subsection (1)(a), (b), (c), (d), or (e), the Minister must—

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

The explanatory note of regulations made under section 41(1)(e) must indicate that—

A territorial authority must promote effective and efficient waste management and minimisation within its district.

For the purposes of section 42, a territorial authority must adopt a waste management and minimisation plan.

A waste management and minimisation plan must provide for the following:

A territorial authority may amend its waste management and minimisation plan or revoke it and substitute a new plan.

A waste management plan adopted under Part 31 of the Local Government Act 1974 as at the commencement of this section must be treated as if it were a waste management and minimisation plan adopted under this section, and this Part applies to the plan accordingly.

In preparing, amending, or revoking a waste management and minimisation plan, a territorial authority must—

Two or more territorial authorities may jointly prepare and adopt a waste management and minimisation plan for the whole or parts of their districts, and sections 43 and 44 apply accordingly, with all necessary modifications.

A territorial authority is not limited to applying strict cost recovery or user pays principles for any particular service, facility, or activity provided by the territorial authority in accordance with its waste management and minimisation plan.

Without limiting subsection (1), a territorial authority may charge fees for a particular service or facility provided by the territorial authority that is higher or lower than required to recover the costs of the service or facility, or provide a service or facility free of charge, if—

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 achieving waste management and minimisation.

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

The Governor-General may, by Order in Council made on the recommendation of the Minister, direct a territorial authority to include, omit, or amend 1 or more provisions in its waste management and minimisation plan.

The Minister must not make a recommendation under subsection (1) unless he or she is satisfied that—

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).

Section 44 does not apply to an amendment to a waste management and minimisation plan made under this section.

The Minister may, by notice in the Gazette, set performance standards for the implementation of waste management and minimisation plans.

A performance standard may apply generally, or to 1 or more territorial authorities.

A territorial authority must review its waste management and minimisation plan—

Before conducting a review, the territorial authority must make an assessment under section 51.

If, after the review, the territorial authority considers that the plan—

A waste assessment must contain—

An assessment is not required to contain any assessment in relation to individual properties.

Information is required for an assessment to the extent that the territorial authority considers appropriate, having regard to—

However, an assessment must indicate whether and, if so, to what extent, the matters referred to in subsection (3)(b) and (c) have impacted materially on the completeness of the assessment.

In making an assessment, the territorial authority must—

A territorial authority may undertake, or contract for, any waste management and minimisation service, facility, or activity (whether the service, facility, or activity is undertaken in its own district or otherwise).

A territorial authority must exercise a power under subsection (1), and charge fees associated with the exercise of the power, in accordance with its waste management and minimisation plan.

A territorial authority may sell any marketable product resulting from any activity or service of the territorial authority carried out under this Part, but any proceeds of sale must be used in implementing its waste management and minimisation plan.

A territorial authority that provides a service that collects waste, or any person who provides a service that collects waste on behalf of a territorial authority, must do so promptly, efficiently, and at regular intervals.

A Health Protection Officer may serve notice on a territorial authority if—

The notice must state—

On receipt of a notice under subsection (1), the territorial authority must—

The Medical Officer of Health may collect and dispose of the waste concerned, and may recover the reasonable costs of doing so, as a debt due, from a territorial authority if the territorial authority, or any person collecting the waste on its behalf, fails to comply with a notice given under subsection (1).

In this section, Health Protection Officer means a person designated by the chief executive of the Ministry of Health as a Health Protection Officer under the Health Act 1956.

A territorial authority may make bylaws for 1 or more of the following purposes:

A bylaw must not be inconsistent with the territorial authority’s waste management and minimisation plan.

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

In subsection (3), persons—

Despite anything to the contrary in the Local Government Act 2002, sections 151, 155, and 156 of that Act apply, with all necessary modifications, to any bylaw made under this section.

To avoid doubt,—

The Crown is bound by any bylaw made by a territorial authority under section 56.

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

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.

A territorial authority must review a bylaw made by it under section 56—

A territorial authority must review a bylaw to which section 64 applies—

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

The Governor-General may, by Order in Council, make regulations for the following purposes:

In exercising its powers and performing its duties under this Part, a territorial authority must comply with the Local Government Act 2002.

However, if a conflict arises between this Part and the Local Government Act 2002, this Part prevails.

Part 31 of the Local Government Act 1974 is consequentially repealed.

The definition of sanitary services in section 124 of the Local Government Act 2002 is amended by omitting “(c),”.

Section 128(3)(b) of the Local Government Act 2002 is repealed.

Clause 3(1)(b) of Part 1 of Schedule 10 of the Local Government Act 2002 is amended by omitting “plan in force under section 539 of the Local Government Act 1974” and substituting “and minimisation plan in force under section 43 of the Waste Minimisation Act 2008”.

Clause 3(2) of Part 1 of Schedule 10 of the Local Government Act 2002 is amended by omitting “waste management plan” in each place where it appears and substituting in each case “waste management and minimisation plan”.

Clause 3(3) of Part 1 of Schedule 10 of the Local Government Act 2002 is amended by omitting “waste management plan” and substituting “waste management and minimisation plan”.

Bylaws made under Part 31 of the Local Government Act 1974 that were in force immediately before the commencement of this section are deemed to be validly made under section 56 of this Act, and continue in force accordingly, if validly made under the Local Government Act 1974.

Legal proceedings in relation to bylaws continued by subsection (1) that are pending by or against a territorial authority on the commencement of this section may be carried on, completed, enforced, or defended by or against the territorial authority as if this Act had not been passed.

The following persons commit an offence and are liable on conviction to a fine not exceeding $100,000:

A territorial authority that fails to comply with section 55(3) commits an offence and is liable on conviction to a fine not exceeding $20,000.

The following persons commit an offence and are liable on conviction to a fine not exceeding $5,000:

A territorial authority convicted of an offence under subsection (2) is liable, in addition to the penalty for the offence, for any reasonable costs incurred by the Medical Officer of Health in collecting and disposing of the waste to which the offence relates.

Costs under subsection (4) must be assessed by the court.

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

If a person is convicted of an offence under section 65, 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 the 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.

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.

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

In any prosecution for an offence specified in section 65(1)(a), (c), or (e), 65(2), or 66, it is not necessary to prove that the defendant intended to commit the offence.

It is a defence to an offence against this Act, or a bylaw made under section 56, if the court is satisfied—

It is a defence to an offence against section 65(1)(a), (c), or (e) if the court is satisfied that—

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).

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.

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

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

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—

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011,—

The District Court may, on the application of the Medical Officer of Health, grant an injunction restraining a territorial authority from committing an offence against section 65(2).

An injunction may be granted under subsection (1)—

A person who is alleged to have committed an infringement offence may either—

An infringement notice may be issued to a person if an enforcement officer—

An infringement notice may be served—

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.

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

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

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.

The Secretary may appoint—

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

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.

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

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.

An enforcement officer may, if he or she believes on reasonable grounds that an offence against this Act or a bylaw made under section 56 has been or is being committed,—

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.

The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3 and sections 118 and 119) apply.

This section is subject to section 80.

An enforcement officer may not exercise the power of entry under section 79(1)(a) in relation to a dwellinghouse or marae—

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on the application of an enforcement officer made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act, issue a warrant authorising the enforcement officer to enter the dwellinghouse or marae specified in the application.

The issuing officer may issue a warrant under subsection (2)—

The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply as if a warrant issued under subsection (2) were a search warrant.

In this section,—

An enforcement officer may seize and impound property that is not on private land if—

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

A notice given in accordance with subsection (2)(b) must be delivered, or sent by registered mail, not later than 7 working days after the property concerned was seized.

A notice must—

In this section and section 82, offence—

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant authorising an enforcement officer to enter private land and seize and impound property materially involved in the commission of an offence.

A warrant may be issued only if—

The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply as if a warrant issued under subsection (1) were a search warrant.

An enforcement officer executing a warrant issued under this section must be accompanied by a constable.

The owner of property that has been seized and impounded under section 81, or the person from whom the property was seized, may request the Secretary or the territorial authority concerned, as the case may be, to return the property.

The Secretary or the territorial authority must return the property if—

If the Secretary or the territorial authority refuses to return the property, the owner or person from whom it was seized may apply to the District Court to review the Secretary’s or the territorial authority’s decision.

The District Court may—

The Secretary or a territorial authority, as the case may be, may dispose of property seized or impounded under section 81 that has not been returned within 6 months after it was seized and impounded.

The Secretary or the 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 his, her, or its intention to do so.

The Secretary or the territorial authority may dispose of the property by way of sale or otherwise as it thinks fit.

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

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

Information from any class of person

Information from territorial authority

Miscellaneous

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

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

The Secretary may appoint, in writing, 1 or more auditors to conduct an audit under section 88.

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

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:

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

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

This section establishes the Waste Advisory Board.

The function of the Board is to provide advice to the Minister upon request, including advice about—

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

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

The Minister must, by written notice to the Board, set terms of reference for the advice to be provided under section 90.

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

The Minister must appoint at least 4, but not more than 8, members to the Board.

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

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

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

The Minister must comply with this section in appointing or reappointing members.

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

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

The Minister must consult the Minister of Māori Affairs before appointing any member to the Board.

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—

The Minister must notify an appointment in the Gazette as soon as practicable after appointing the member to the Board.

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.

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

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

The Minister may remove a member of the Board from office at any time, for just cause.

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

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

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

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.

A member of the Board is entitled to be—

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

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

This section applies to any process undertaken before the commencement of this Part—

For the purposes of this Act, the process must be treated as complying with section 93.