Hazardous substances

“Hazardous substance” is the legal term for substances regulated by New Zealand’s Hazardous Substances and New Organisms Act 1996 (HSNO Act).

A hazardous substance is a defined mixture of elements or compounds either naturally occurring or produced synthetically. Such substances can readily explode, burn, oxidise (accelerate the combustion of other material) or corrode (metals or biological tissue), and/or be toxic to people and ecosystems (for more information, see Hazardous properties).

The Act and regulations control the import, manufacture or use (including disposal) of hazardous substances (ie, substances that have hazardous properties).

Roles and responsibilities

The HSNO Act is administered by the Ministry for the Environment but is implemented by the Environmental Protection Authority (EPA) and enforced by various agencies. In particular, the EPA plays the key role in deciding controls on hazardous substances. For more information on responsibilities visit the EPA website.

Other areas of work for the Ministry that deal with hazardous substances are:

Ministry’s 2011/12 work programme

The Ministry’s work programme relating to the Hazardous Substances and New Organisms Act 1996 looks at opportunities to improve the effectiveness of regulation for managing the risks posed by chemical and biological hazards. 

As the Government's principal adviser on the environment, the Ministry's role is to routinely monitor the performance of our system for regulating chemical and biological risk. We look to ensure the system is effective and able to address emerging risks, while managing  risks effectively without unnecessarily constraining economic growth.


As part of this work the Ministry is looking at:

  • opportunities to improve the framework for monitoring the performance of the hazardous substances components of the HSNO regime
  • compliance costs to businesses and households arising from the HSNO regime
  • design aspects of selected countries’ hazardous substances regulatory regimes
  • HSNO’s ability to effectively manage potential risks posed by emerging technologies


The Ministry has also been working on technical improvements to the following HSNO regulations:

  • Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001 – to enable updated experience to be recognised for people wishing to be approved as test certifiers and to remove redundant requirements for enforcement officers.
  • Hazardous Substances (Tank Wagons and Transportable Containers) Regulations 2004 – to address requirements that impose compliance costs without providing better safety outcomes; remove duplication of some requirements that are already provided by compliance with overseas standards; and correct minor omissions
  • Hazardous Substances (Compressed Gases) Regulations 2004 – to remove duplication of some certification requirements already provided under international standards, address unduly onerous testing requirements which impose compliance costs without improving safety and correct minor technical errors and omissions.

Regulations for the sale of fireworks

The rise in serious fireworks related incidents of damage to people, pets and property has been alarming. In response, Ministry for the Environment, with the Environment Risk Management Authority (ERMA), developed new regulatory amendments for the retail sale of fireworks. These were approved by Cabinet on 18 December 2006.

The aim of these amendments is to significantly reduce the damage caused by the misuse of fireworks during the lead up to and during Guy Fawkes night. From 2007, the fireworks sale period was limited to three days prior to Guy Fawkes and the legal age of purchase was raised to 18 years. The destructive use of sparklers in the form of a ‘sparkler bomb’ is addressed by sparklers no longer being sold separately but only in larger assorted retail fireworks packs. The EPA will investigate the construction of the louder and more explosive fireworks on sale in New Zealand in order to eliminate retail sales of fireworks that are too loud or are unsafe.

More information

Cabinet paper: Regulatory options to reduce the negative impact of fireworks

 

Last updated: 20 February 2012