Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Amendment Order (No 2) 2025
Checking for alerts... Loading...
2025/153
Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Amendment Order (No 2) 2025
Cindy Kiro, Governor-General
Order in Council
At Wellington this 21st day of July 2025
Present:
Her Excellency the Governor-General in Council
This order is made under sections 3(1) and 3A(1) of the Imports and Exports (Restrictions) Act 1988—
(a)
on the advice and with the consent of the Executive Council; and
(b)
after the preconditions in those sections have been met.
Contents
Order
1 Title
This order is the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Amendment Order (No 2) 2025.
2 Commencement
This order comes into force on 25 July 2025.
3 Principal order
This order amends the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004.
4 Clause 4 amended (Interpretation)
(1)
In clause 4, insert in its appropriate alphabetical order:
electrical and electronic waste—
(a)
means any of the following waste (whether or not it is hazardous waste):
(i)
waste that consists of electrical and electronic equipment:
(ii)
waste that consists of components of electrical and electronic equipment:
(iii)
waste arising from processing the waste referred to in subparagraph (i) or (ii); but
(b)
does not include any of the waste referred to in paragraph (a)(ii) or (iii) that is—
(i)
plastic waste; or
(ii)
household waste; or
(iii)
covered by an entry in Annex IX to the Basel Convention
(2)
In clause 4, replace the definition of OECD decision with:
OECD decision—
(a)
means OECD, Decision of the Council on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, OECD/LEGAL/0266; and
(b)
includes the appendices to the document referred to in paragraph (a); and
(c)
includes any amendments to, or substitutions of, the documents referred to in paragraphs (a) and (b) that are or will become binding on New Zealand
5 Clause 6 amended (Exportation of certain chemicals and waste prohibited)
Replace clause 6(1) with:
(1)
The exportation of each of the following is prohibited, except as provided in clauses 7 to 11 and 14:
(a)
Stockholm chemicals (see exceptions in clauses 7, 8, and 11):
(b)
Rotterdam chemicals (see exception in clause 9):
(c)
banned chemicals and severely restricted chemicals (see exception in clause 10):
(d)
hazardous waste, electrical and electronic waste, plastic waste, and household waste (see exceptions in clauses 11 and 14).
6 Clause 11 amended (When hazardous waste, plastic waste, or household waste may be exported)
(1)
In the heading to clause 11, after “hazardous waste,”
, insert “electrical and electronic waste,”
.
(2)
Replace clause 11(1) with:
(1)
A person may export hazardous waste, electrical and electronic waste, plastic waste, or household waste (including waste that is or contains a Stockholm chemical) from New Zealand if the EPA grants the person a permit authorising the exportation of the waste under this clause or clause 14.
(3)
In clause 11(2), after “permit”
, insert “under this clause”
.
(4)
In clause 11(5), after “permit”
, insert “under this clause”
.
7 Clause 12 replaced (Importation of certain waste prohibited)
Replace clause 12 with:
12 Importation of certain waste prohibited
The importation of hazardous waste, electrical and electronic waste, plastic waste, and household waste is prohibited, except as provided in clauses 13 and 14.
8 Clause 13 amended (When hazardous waste, plastic waste, or household waste may be imported)
(1)
In the heading to clause 13, after “hazardous waste,”
, insert “electrical and electronic waste,”
.
(2)
Replace clause 13(1) with:
(1)
A person may import hazardous waste, electrical and electronic waste, plastic waste, or household waste into New Zealand if the EPA grants the person a permit authorising the importation of the waste under this clause or clause 14.
(3)
In clause 13(2), after “permit”
, insert “under this clause”
.
(4)
In clause 13(5), after “permit”
, insert “under this clause”
.
9 New clause 14 and cross-heading inserted
After clause 13, insert:
Permission to import and export wastes transiting through New Zealand
14 Hazardous waste, electrical and electronic waste, plastic waste, or household waste transiting through New Zealand
(1)
A person may import hazardous waste, electrical and electronic waste, plastic waste, or household waste into New Zealand, and subsequently export the same waste from New Zealand, if—
(a)
the waste is transported to New Zealand in transit only; and
(b)
the EPA grants the person a permit under this clause authorising the importation and subsequent exportation of the waste.
(2)
The EPA must grant a permit under this clause if the importation, transit through New Zealand, and subsequent exportation of the waste is otherwise in conformity with New Zealand’s obligations under the Basel Convention, the OECD Decision, and, if relevant, the Waigani Convention.
(3)
However, the EPA may refuse to grant a permit under this clause if section 3BC of the Act applies.
(4)
It is a condition of a permit granted under this clause that—
(a)
none of the waste is disposed of in New Zealand; and
(b)
all of the waste is exported from New Zealand within 20 working days after the date on which it first arrives in New Zealand.
Guidance note
Subclause (4) applies in addition to any conditions that the EPA may impose on a permit under section 3BB of the Act.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the order but is intended to indicate its general effect.
This order, which comes into force on 25 July 2025, amends the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 to give effect to new international obligations arising from amendments to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. In particular, this order—
prohibits the import into, or export from, New Zealand of electrical and electronic waste except if a permit is granted by the Environmental Protection Authority; and
expands the circumstances in which the Environmental Protection Authority is required to grant a permit allowing hazardous waste and certain other kinds of waste to be imported into, and then subsequently exported from, New Zealand (to cover cases in which the waste is transiting through New Zealand).
Date of notification in Gazette: 24 July 2025.
This order is administered by the Ministry of Business, Innovation, and Employment.
Versions
Imports and Exports (Restrictions) Prohibition Order (No 2) 2004 Amendment Order (No 2) 2025
RSS feed link copied, you can now paste this link into your feed reader.