New Zealand Regulatory News

In New Zealand the Environmental Protection Authority (EPA) is actively seeking feedback from stakeholders on a proposed infringement offence scheme for hazardous substances under the Hazardous Substa...

In New Zealand the Environmental Protection Authority (EPA) is actively seeking feedback from stakeholders on a proposed infringement offence scheme for hazardous substances under the Hazardous Substances and New Organisms Act 1996 (HSNO Act). The closing date for submissions is August 28, 2023. The valuable insights gathered will contribute to refining the scheme before final policy proposals are presented to Cabinet for consideration. 

The Ministry for the Environment (MfE) and the Environmental Protection Authority (EPA) have collaborated on a significant initiative to enhance protection for the environment and the well-being of people and communities in relation to hazardous substances. Their joint effort has led to the proposal of an infringement offence scheme under the HSNO Act. 

The primary goal of this scheme is to bridge the existing gap in enforcement tools for hazardous substance offences under the HSNO Act. Currently, there is a lack of an intermediate enforcement measure between compliance orders and prosecution, which restricts the authorities' ability to address hazardous substance violations at lower levels adequately. 

The proposed infringement offence scheme outlines a list of offences and their associated fees. These offences are characterized as being straightforward  factual matters that can easily be identifed by enforcement officers. They also involve minor or less serious matters that do not warrant prosecution and are suitable for on-the-spot fines. Importantly, the scheme ensures that no criminal convictions arise from these infringement offences. 

Upon approval by the Cabinet, the new hazardous substances infringement regulations will be formally announced in the New Zealand Gazette and on the EPA's official website. The proposed fines for infringement offences range from NZ$ 200 to NZ$ 3,000. 

This innovative step by the MfE and EPA promises to bolster environmental protection and safeguard the health and safety of the people and communities across New Zealand. By establishing a more effective enforcement framework, they are taking a proactive approach to address hazardous substance issues in a manner that befits the gravity of the offences. 

In May 2023 the New Zealand Environmental Protection Agency (EPA) issued new guidance and assessment criteria for the import of bulk hydrofluorocarbons (HFCs). The updated guidance provides detailed i...

In May 2023 the New Zealand Environmental Protection Agency (EPA) issued new guidance and assessment criteria for the import of bulk hydrofluorocarbons (HFCs). The updated guidance provides detailed information for the application process to assist companies in obtaining special import permits. Special import permits are a requirement under the Ozone Layer Protection Regulations.  

The regulation of bulk hydrofluorocarbons (HFCs) in New Zealand is governed by the Ozone Layer Protection Act 1996 and the Ozone Layer Protection Regulations 1996. These regulations control the import, export, and transshipment of HFCs. New Zealand imposes an annual limit on the quantity of new bulk HFCs that can be imported, and this limit gradually decreases over time.  

Under the current import limit, a significant portion of up to 80% is allocated through grandparented import permits. These permits are exclusively available to individuals or entities that meet the criteria for grandparented eligibility. The remaining portion of the import limit is made available for allocation through special import permits. The EPA has discretion when granting these special permits. In assessing applications for special import permits, the EPA considers the provisions outlined in the Ozone Layer Protection Act and Regulations, as well as New Zealand's international obligations to phase down HFC usage.  

In summary, New Zealand sets a limit on the importation of bulk HFCs, with up to 80% of the imported product allocated through grandparented permits and the remaining balance through special permits. 

For more information click here: https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.epa.govt.nz%2Fassets%2FUploads%2FDocuments%2FHazardous-Substances%2FKigali%2FHow-to-apply-for-a-special-permit-to-import-new-bulk-hydrofluorocarbons-HFCs-.docx&wdOrigin=BROWSELINK%C2%A0

New Zealand has in spring 2022 released the Waste Minimisation (Plastic and Related Products) Regulations 2022 that are a subject of the Waste Minimisation Act 2008.   The regulations' purp...

New Zealand has in spring 2022 released the Waste Minimisation (Plastic and Related Products) Regulations 2022 that are a subject of the Waste Minimisation Act 2008.  

The regulations' purpose is to ban the manufacture and sale of certain plastic products, in particular single-use plastics. The products that fall under the manufacturing and selling ban are:  

(a) plastic drink stirrers that are single use: 

(b) plastic or synthetic cotton buds that are single-use, unless they are used, or intended for use, — 

(i) as a medical device (as defined by section 3A of the Medicines Act 1981) that is not sold by retail; or 

(ii) in a veterinary clinic for diagnosis or sampling; or 

(iii) in a commercial food laboratory for food sampling; or 

(iv) in a laboratory for scientific investigation (even if they are first used for field sampling); or 

(v) as part of any kit or other material to test for any medical or scientific matter, including infection or immunity in an individual or animal, and to produce a result without analysis at a laboratory: 

(c) any product that contains plastic with pro-degradants: 

(d) PVC food trays or containers: 

(e) specified polystyrene packaging for food or drink. 

Please note that this even applies to plastics used to package a product that already has one layer of packaging.  

The Waste Minimisation (Plastic and Related Products) Regulations 2022 will be enforced from 1st October 2022.