New Zealand Acts

WASTE MINIMISATION ACT 2008

- As at 24 September 2025
- Act 89 of 2008

TABLE OF PROVISIONS

   1.      Title
   2.      Commencement

   PART 1 - Preliminary provisions

   3.      Purpose of this Act
   4.      Act binds the Crown
   5.      Interpretation
   6.      Meaning of disposal
   7.      Meaning of disposal facility
   7A.     Transitional, savings, and related provisions

   PART 2 - Product stewardship

   8.      Purpose of Part
   9.      Declaration of priority products
   10.     Product stewardship schemes required for priority products
   11.     Voluntary product stewardship schemes
   12.     Ministerial guidelines for product stewardship schemes for priority products
   13.     Application for accreditation
   14.     Requirements for accreditation
   15.     Accreditation
   16.     Variation of accredited scheme
   17.     Expiry of accreditation
   18.     Revocation of accreditation
   19.     Accredited scheme subject to other laws
   20.     Monitoring of accredited schemes
   21.     Monitoring costs recoverable as debt if unpaid
   22.     Regulations in relation to priority products and accredited schemes
   23.     Regulations in relation to products (whether or not priority products), materials, and waste
           Note
   24.     New Zealand Customs Service to provide information about priority products
   24A.    Application of provisions of Customs and Excise Act 2018

   PART 3 - Waste disposal levy

   25.     Purpose of Part
   26.     Levy imposed on waste disposed of at disposal facility
   27.     Rate of levy
   28.     Operator of disposal facility must pay levy to levy collector
   29.     Waiver of levy payment
   30.     Secretary must distribute and spend levy money
   31.     Territorial authorities to receive share
   32.     Spending of levy money by territorial authorities
   33.     Secretary must retain levy money instead of paying territorial authority in certain situations
   34.     Estimation of amount of levy payable
   35.     Interest on unpaid levy
   36.     Unpaid levy is debt
   37.     Minister may direct Secretary to retain payment to territorial authority
   38.     Minister may approve funding of projects
   38A.    Criteria for funding management of emergency waste and repair or replacement of waste management and minimisation infrastructure
   39.     Minister must review effectiveness of levy
   40.     Minister may appoint levy collector
   41.     Regulations in relation to waste disposal levy and related matters
   41A.    Regulations under section 41(1)(e) are confirmable instruments

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

   42.     Territorial authorities to encourage effective and efficient waste management and minimisation
   43.     Waste management and minimisation plans
   44.     Requirements when preparing, amending, or revoking plans
   45.     Joint plans
   46.     Funding of plans
   47.     Grants
   48.     Governor-General may give directions to territorial authority
   49.     Minister may set performance standards for territorial authorities
   50.     Review of waste management and minimisation plan
   51.     Requirements for waste assessment
   52.     Waste management and minimisation services, facilities, and activities
   53.     Proceeds from activities and services must be used in implementing waste management and minimisation plan
   54.     Waste must be collected promptly, efficiently, and regularly
   55.     Health Protection Officer may serve notice on territorial authority for causing nuisance
   56.     Bylaws
   57.     Crown bound by bylaws
   58.     Review of bylaws
   58A.    Temporary bylaw review process as result of outbreak of COVID-19
   59.     Regulations in relation to bylaws
   60.     Relationship of this Part with Local Government Act 2002
   61.     Consequential repeal of Part 31 of Local Government Act 1974
   62.     Sanitary services
   63.     Waste management plans
   64.     Bylaws made under Local Government Act 1974

   PART 5 - Offences and enforcement

   65.     Offences
   66.     Offences against bylaws
   67.     Additional penalty for contravention involving commercial gain
   68.     Strict liability
   69.     Defences
   70.     Liability of principals for acts of agents
           Note
   71.     Time for filing charge
   72.     Injunctions restraining commission of offence under section 65(2)
   73.     Proceedings for infringement offences
   74.     Issue and service of infringement notices
   75.     Entitlement to infringement fees
   76.     Enforcement officers
   77.     Exercise of powers
   78.     Power to require certain information
   79.     Power to inspect property and obtain information
   80.     Consent or warrant required to inspect dwellinghouse or marae
   81.     Seizure of property not on private land
   82.     Seizure of property from private land
   83.     Conditions for exercise of warrant to seize property on private land
   84.     Return of property seized and impounded
   85.     Power to dispose of property seized and impounded under section 81

   PART 6 - Reporting and audits

   86.     Regulations in relation to records, information, and reports
   87.     Secretary may require audit
   88.     Audit in respect of certain matters relating to facility or person

   PART 7 - Waste Advisory Board

   89.     Establishment of Waste Advisory Board
   90.     Function of Board
   91.     Terms of reference
   92.     Minister to appoint members to Board
   93.     How members appointed
   94.     Term of office of members
   95.     Removal of members
   96.     No compensation for loss of office
   97.     Fees and expenses of members
   98.     Proceedings of Board
   99.     Nominations before commencement of this Part must be treated as complying with section 93
           SCHEDULE 1