New Zealand Acts

HAZARDOUS SUBSTANCES AND NEW ORGANISMS ACT 1996

- As at 5 April 2025
- Act 30 of 1996

TABLE OF PROVISIONS

           Long Title

   1.      Short Title and commencement

   PART 1 - Preliminary

   2.      Interpretation
   2A.     Meaning of term new organism
   3.      Act to bind the Crown
   3A.     Transitional, savings, and related provisions

   PART 2 - Purpose of Act

   4.      Purpose of Act
   5.      Principles relevant to purpose of Act
   6.      Matters relevant to purpose of Act
   7.      Precautionary approach
   8.      Treaty of Waitangi
   9.      Methodology to be used

   PART 3 - Powers, functions, and duties

   10.     Powers, functions, and duties of Minister
   11.     Powers, functions, and duties of Authority
   12.     Powers, functions, and duties of enforcement officers
   13.     General duty

   PART 4 - Administrative provisions
   Note

   14.     Establishment of Authority
   15.     Membership of Authority
   16.     Eligibility for appointment as member of Authority
   17.     Restriction on Ministerial direction
   18.     EPA may appoint committees
   18A.    Committee may appoint and delegate functions to subcommittee
   18B.    Composition of subcommittee
   18C.    Qualification for appointment to committee or subcommittee
   19.     Delegation by Authority
   20.     Obligation to prepare and maintain register
   20A.    Register of exposure limits for substances with toxic or ecotoxic properties
   20B.    Publication of decisions
   20C.    Reassessments work plan
   21.     Charges
   22.     Payments in advance
   23.     Fees for local authorities
   24.     Power to request information

   PART 4A - Nga Kaihautu Tikanga Taiao
   Note

   24A.    Establishment of Nga Kaihautu Tikanga Taiao
   24B.    Function of Nga Kaihautu Tikanga Taiao
   24C.    Appointment and remuneration of members and chair
   24D.    Review of terms of reference

   PART 5 - Assessment of hazardous substances and new organisms

   25AA.   This Part subject to Part 5A
   25.     Restriction of import, manufacture, development, field testing, or release
   25A.    Prohibition of import, manufacture, or use of persistent organic pollutants
   25B.    Prohibition on storage of persistent organic pollutants
   25C.    Continuation of certain exemptions under Toxic Substances Regulations 1983
   25D.    Use of persistent organic pollutants imported or manufactured before commencement of Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003
   26.     Determination of new organism or hazardous substance
   27.     Types of approval
   27A.    Approvals at any taxonomic classification
   28.     Application for approval to import or manufacture hazardous substances
   28A.    Rapid assessment for importation or manufacture of hazardous substances
   29.     Determination of applications
   29A.    Approvals for innovative agricultural compounds and medicines
   29B.    Applications relating to persistent organic pollutants
   30.     Importing hazardous substances in containment
   31.     Application for hazardous substance containment approval
   32.     Decision on application
   33.     Exemptions from Act for small-scale research on hazardous substances
   34.     Application for approval to import or release
   34A.    Applications for conditional release and for release in respect of same new organism
   35.     Rapid assessment of risk for importation of new organisms
   36.     Minimum standards
   37.     Additional matters to be considered
   38.     Determination of applications to import or release
           Note
   38A.    Application for approval to import or release new organism with controls
   38B.    Application under section 34 may be treated as application under section 38A
   38BA.   Rapid assessment of risk for importation or release of new organisms with controls
   38C.    Determination of applications to import or release new organisms with controls
   38D.    Controls
   38E.    Duration of conditional release approval
   38F.    Consequences of expiry of conditional release approval
   38G.    Review of controls on conditional release approval
   38H.    Restriction on release of new organism subject to conditional release approval
           Note
   38I.    Assessment of applications for release of qualifying organisms
   38J.    Procedure for assessing and approving application by responsible chief executive
   38K.    Controls
   38L.    Review of controls for qualifying organisms
   39.     Importation or development of new organisms in containment
   40.     Application for containment approval for new organisms
   41.     Assessment of adverse effects of developing genetically modified organisms
   42.     Rapid assessment of adverse effects for development of genetically modified organisms
   42A.    Rapid assessment of projects for low-risk genetic modification
   42B.    Rapid assessment of adverse effects for importation of genetically modified organisms into containment
   42C.    Rapid assessment of adverse effects for development in containment, etc, of certain new organisms
   43.     Additional matters to be considered when application made for developing new organisms in containment
   44.     Additional matters to be considered on applications for importing and field testing of organisms
   44A.    Additional matters to be considered for certain developments and field tests
   45.     Determination of application
   45A.    Controls required for certain developments and for all field tests
   45B.    Animals in circus or zoological garden deemed approved under section 255
   46.     Meaning of emergency
   47.     Application for approval to use a hazardous substance or new organism in an emergency
   48.     Determination of applications
   49.     Exemptions from provisions of Act in emergencies
           Note
   49A.    Interpretation
   49B.    Declaration of special emergency
   49C.    Application of sections 49D to 49K
   49D.    Application for approval to use agricultural compound or medicine in special emergency
   49E.    Contents of application
   49F.    Determination of applications
   49G.    Controls attaching to approval of application
   49H.    Notification or publication of approval of application
   49I.    Effect of approval of release
   49J.    Duration of approval
   49K.    Consequences of expiry of approval
           Note
   49L.    Rapid assessment and approval of other hazardous substances in special emergencies
   50.     Prohibited organisms
   51.     Transhipment of substances and organisms
   52.     Applicant may be required to provide further information
   53.     Applications required to be publicly notified
   53AA.   Notification and consultation for applications under Part 5
   53A.    Method of public notification
   54.     Submission on application
   55.     Information held on behalf of applicant
   56.     Consideration of information withheld under Official Information Act 1982
   57.     Authority to withhold information
   58.     Further information
   59.     Time limits and waivers
   59A.    Joint processing and decision making on related applications
   60.     Obligation to hold hearing
   61.     Provisions relating to hearings
   62.     Grounds for reassessment of substance or organism
   63.     Reassessment
   63A.    Modified reassessment procedure for amendments to approvals of hazardous substances
   63B.    Proposal for group standard may be consulted on in same way as reassessment
   63C.    Modified reassessment to change controls in other cases
   63D.    Modified reassessment to align classifications
   64.     Suspension of approvals during reassessment
   64A.    Temporary restriction of use during reassessment
   65.     No compensation following reassessment
   66.     Requirement for disposing of substances
   66A.    Disposal of persistent organic pollutants
   67.     Authority to direct disposal of new organisms
   67A.    Minor or technical amendments to approvals
   67B.    Revoking duplicated approvals
   68.     Minister's power to call in applications with significant effects
   69.     Notification of Minister's direction
   70.     Minister may appoint persons
   71.     Conduct of inquiry by Authority
   72.     Authority to report to Minister
   73.     Minister to decide application and notify decision

   PART 5A - Restrictions on approving certain applications
   Note

   73A.    Interpretation
   73B.    Application
   73C.    Authority must not consider or approve certain applications during restricted period
   73D.    Additional information required for certain applications
   73E.    Additional matters Authority must consider for certain applications
   73F.    No compensation
   73G.    Expiry

   PART 6 - EPA controls
   Note

   74.     Establishment of hazard classification system
   75.     Authority may prescribe hazardous property controls
   76.     Authority may prescribe controls and requirements relating to hazardous substances
   76A.    Authority may prescribe other matters relating to hazardous substances
   76B.    Further provisions relating to EPA notices
   76C.    Procedure for issuing EPA notices
   76D.    Application of Legislation Act 2019 to EPA notices
   76E.    Authority may recognise overseas bodies as international regulators
   77.     EPA controls on hazardous substances
   77A.    Authority's power to impose EPA controls and vary specified controls
   77B.    Exposure limits for substances with toxic or ecotoxic properties
   78.     Codes of practice
   79.     Codes may be approved by Authority
   80.     Availability of codes
   81.     Proof of code
   82.     Certificates
   82A.    Register of test certificates
   82B.    Delegation by approved person
   82C.    Revocation of certificates
   83.     Applications for approval as test certifier
   84.     Processing applications for approval as test certifier
   85.     Register of test certifiers
   86.     Complaints to Authority
   87.     Establishment of transferable permit scheme
   88.     Authority to recommend establishment
   89.     Transferable permit scheme and variation of controls
   90.     Transfer of permits
   91.     Contents of transferable permits
   92.     Modification of permits
   93.     Registration of scheme
   94.     Transferable permit not to be mortgaged
   95.     Prohibition on import or manufacture until transferable permit obtained
           Note
   95A.    Permissions
   95B.    Licences
   96.     Report on environmental user charges

   PART 6A - Group standards
   Note

   96A.    Purpose of Part
   96B.    Group standards
   96C.    When group standards may be issued or amended
   96D.    Revocation of group standards
   96E.    Effect of group standards
   96F.    Hazardous substances in group standards if Parts 11 to 15 apply

   PART 7 - Inspection, enforcement, and ancillary powers

   97.     Enforcement of Act
   97A.    Enforcement of Act in respect of new organisms
   97AA.   Border information supplied using JBMS must be supplied in approved form and manner
   97AB.   Duty to use JBMS to supply border information
   97B.    Enforcement of Act in respect of hazardous substances in workplace
   97C.    Sharing of information between Authority and enforcement agencies
   98.     Co-ordination of inspection
   98A.    Chief executives of Ministry and Authority to have functions, powers, duties, and protections of enforcement officers
   99.     Supervision of inspection
   100.    Appointment of enforcement officers
   101.    Duty of territorial authorities
   102.    Building Act 2004
   103.    Powers of entry for inspection relating to new organisms
   103A.   Powers of entry for inspection relating to hazardous substances
   104.    Scope of compliance order
   105.    Compliance with compliance order
   106.    Form and content of compliance order
   107.    Service of compliance order
   108.    Cancellation of compliance order
   109.    Offences
   109A.   Time for filing charging document
   109B.   Extension of time for filing charging document
   110.    Infringement offences
   111.    Commission of infringement offence
   112.    Infringement notices
   113.    Entitlement to infringement fees
   114.    Penalties
   115.    Liability of employers and principals
   116.    Liability of directors and officers of bodies corporate
   117.    Strict liability and defences
   118.    Fines to be paid to territorial authority instituting prosecution
   119.    Search warrants
   120.    Dealing with property seized by enforcement officers
   121.    Application of Customs and Excise Act 2018 to hazardous substance imported in breach of this Act
   122.    Power to require hazardous substance to leave New Zealand
   123.    Declaration that organism not genetically modified
   124.    Responsibilities of carrier and person in charge of any craft

   PART 7A - Pecuniary penalties and civil liability for breaches relating to new organisms
   Note

   124A.   Interpretation
           Note
   124B.   Pecuniary penalty order
   124C.   Amount of pecuniary penalty
   124D.   Other orders instead of or in addition to pecuniary penalty order
   124E.   Standard of proof and procedural matters
   124F.   Relationship between concurrent proceedings for pecuniary penalty and criminal proceedings
           Note
   124G.   Civil liability
   124H.   Defences to liability under section 124G
           Note
   124I.   Breaches, acts, and omissions by directors, employees, or agents

   PART 8 - Appeals

   125.    Appeals
   126.    Appeal on question of law
   127.    Notice of appeal
   128.    Right to appear and be heard on appeal
   129.    Parties to appeal before High Court
   130.    Orders of High Court
   131.    Additional appeals on points of law
   132.    Extension of time
   133.    Date of hearing
   134.    Appeals to Court of Appeal

   PART 9 - Emergencies

   135.    Interpretation
   136.    Declaration of emergency
   137.    Emergency powers
   138.    Compensation for property requisitioned or destroyed
   139.    Protection of enforcement officers and persons

   PART 10 - Miscellaneous provisions

   140.    Regulations
   140A.   Persistent organic pollutants
   140B.   Schedule 1AA may be amended or substituted
   141.    Procedure for making Orders in Council
   141A.   Incorporation of material by reference
   141B.   Amendment to, or replacement of, material incorporated by reference
   141C.   Proof of material incorporated by reference
   141D.   Material incorporated by reference that ceases to have effect
   141E.   Notice must be provided to committee responsible for examining regulations
   141F.   Requirement to consult on proposal to amend or replace material incorporated by reference
   141G.   Access to material incorporated by reference in regulations
   141GA.  Access to material incorporated by reference in EPA notices
   141H.   Access to material incorporated by reference in group standard, notice of transfer, or code of practice
   141I.   Application of Legislation Act 2019
   142.    Relationship to other Acts
   142A.   Exemptions from approval requirements
   143.    Notification of hazardous substances injuries
   144.    Reporting of incidents
   145.    Ombudsmen Act 1975 amended
   146.    Authority to be Crown entity
   147.    Additional matters to be included in statement of intent
   148.    Additional reporting requirements
   149.    Amendments to other Acts
   150.    Repeals and revocations

   PART 11 - Transitional provisions—General
   Note

   151.    Interpretation
   152.    Expiry of transitional provisions
   152A.   Expiry of transitional provisions in relation to persistent organic pollutants
   153.    Exemption in case of licence application
   154.    Exemptions from regulations and provisions of Parts 11 to 16
   155.    Applications made under transitional provisions
   156.    Offences against Parts 11 to 16
   157.    Defences
   158.    Suspension and cancellation of licences
   159.    Continuation of Pesticides Board and Toxic Substances Board
   160.    Regulations relating to transitional provisions
   160A.   Notices of transfer relating to transitional matters
   160B.   Controls may be imposed for purposes of notice of transfer
   161.    Regulations saved
   162.    Reassessment of substances and organisms

   PART 12 - Transitional provisions—Pesticides
   Note

   163.    Interpretation
   164.    Application of this Part
   164A.   Protection of information
   165.    Sale, importation, and use of pesticides
   166.    Labelling
   167.    Advertisements
   168.    Review and revocation of registration
   169.    Transfer of proprietors' rights
   170.    Sale of pesticides in bulk
   171.    Warranties
   172.    Pesticide register
   173.    Regulations relating to all pesticides
   174.    Regulations relating to controlled pesticides
   175.    Interpretation
   176.    Restrictions on use of controlled pesticides
   177.    Qualifications for approved operator licence
   178.    Dealing with applications
   179.    Effect of licences
   180.    Duration of licences
   181.    Variation of terms and conditions of licences
   182.    Register of approved operators

   PART 13 - Transitional provisions—Toxic substances
   Note

   183.    Interpretation
   184.    Application of this Part
   184A.   Protection of information
   185.    Restrictions on sales of deadly poisons and dangerous poisons
   186.    Sale and packing of poisons
   187.    Further restrictions on sale of poisons
   188.    Containers
   189.    Custody of poisons and harmful substances
   190.    Storage of poisons and harmful substances
   191.    Packing of poisons and harmful substances
   192.    Restriction on possession and use of deadly poisons and dangerous poisons
   193.    Control of advertisements
   194.    Disposal of surplus poisons to other user or licensee
   195.    Exemptions for pharmacists
   196.    Exemptions for veterinarians
   197.    Exemptions for certain other persons
   198.    Exemptions for agents and employees
   199.    Applications for licences
   200.    Dealing with applications
   201.    Effect of licences
   202.    Duration of licences
   203.    Records of sales
   204.    Register
   205.    Interpretation
   206.    Packing of imported toxic substances
   207.    Notice to be given of imported toxic substances
   208.    Application of toxic substances regulations

   PART 14 - Transitional provisions—Dangerous goods
   Note

   209.    Interpretation
   210.    Application of this Part
   211.    Restrictions on storage and use of dangerous goods
   212.    Restrictions on containers
   213.    Containers of dangerous goods to be specially marked
   214.    Pumps for reselling dangerous goods
   215.    Restrictions on use of gases in balloons
   216.    Phosphorus matches
   217.    Licensing of premises for storage of dangerous goods
   218.    Provisional licences
   219.    General provisions as to licences
   220.    Renewal of licences
   221.    Continuing application of dangerous goods regulations

   PART 15 - Transitional provisions—Explosives
   Note

   222.    Interpretation
   223.    Classification of explosives
   224.    Application of this Part
   225.    Importation of explosives
   226.    Permit for importation of fireworks
   227.    Licence to manufacture explosives
   228.    Factory not to be altered without consent of Authority
   229.    Fireworks not to be sold to persons under 14 years of age
   230.    Application of following sections
   231.    Explosives not to be sold without licence
   232.    Restriction on sale of fireworks
   233.    Sale of explosives
   234.    Storage of explosives
   235.    Certain explosives not to be carried without consent of Authority
   236.    Licence required to carry certain explosives
   237.    Carriage of explosives in vehicles or vessels carrying passengers
   238.    Firework displays
   239.    Private storage
   240.    Conditions of licence
   241.    Public magazines
   242.    Private magazines
   243.    Private magazine not to be altered without consent
   244.    Danger buildings
   245.    Notices on danger buildings
   246.    Repairs or alterations to danger buildings
   247.    Protective clothing, etc
   248.    Employment of young persons in danger buildings
   249.    Packing and marking of explosives
   250.    Handling of explosives
   251.    Abandonment or disposal of explosives
   252.    Damaged, defective, or unsafe explosives
   253.    Continuation of regulations

   PART 16 - Transitional provisions—New organisms
   Note
   Note

   254.    Animals
   255.    Zoological gardens
   256.    Hamsters
   257.    Approvals for genetically modified organisms
           Note
   258.    Import permits
   259.    Micro-organisms lawfully in use
           SCHEDULE 1AA
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7