How the Hazardous Substances and New Organisms Act relates to other Acts

This page outlines how the Hazardous Substances and New Organisms Act works alongside other legislation to protect New Zealand from the negative impacts of hazardous substances and new organisms.

Biosecurity Act 1993

As well as managing the risks to the health and welfare of New Zealand’s plants and animals, the Biosecurity Act protects New Zealand from unwanted pests and harmful organisms by imposing controls on the import of plants, foodstuffs and animals. The Ministry of Primary Industries administers it.

The Biosecurity Act utilises border controls to prevent unwanted organisms entering New Zealand and pest management strategies to manage unwanted organisms already present.

The Biosecurity Act is used to approve and monitor the facilities that meet the Environmental Protection Authority’s (EPA’s) approval requirements. It contains the power to approve and monitor specific facilities for containing organisms (eg, for quarantine).  The Biosecurity Act does not cover genetic engineering. Assessing and approving all genetically modified organisms in New Zealand is done under the Hazardous Substances and New Organisms Act.

Food Act 2014

The Food Act seeks to ensure that all food sold in New Zealand, whether imported or locally produced, is safe and suitable for consumption. Food must be labelled as genetically modified if it contains DNA or protein from a genetically modified (GM) source. The Ministry for Primary Industries (MPI) administers the Act.

The HSNO Act overlaps with the Food Act because food can expose people to the toxic effects of hazardous substances used as a pesticide or a food additive.

Food additives are covered by the HSNO Act and require approval. Ready-to-eat food is not covered by the HSNO Act. 

MPI is the statutory body responsible for setting limits for hazardous substances when those substances are used in food.

For further information see Food safety [MPI website]

Agricultural Compounds and Veterinary Medicines Act 1997 

The Agricultural Compounds and Veterinary Medicines Act 1997 (ACVM Act) aims to prevent or manage risks associated with the use of agricultural compounds such as risks to trade in primary produce, risks to animal welfare and risks to agricultural security. The Act also seeks to ensure that domestic food residue standards are not breached and sufficient consumer information about agricultural compounds is available. The Ministry of Primary Industries administers the Act.

The ACVM Act overlaps with the HSNO Act because a number of the compounds used in agriculture (such as pesticides) are also hazardous substances.

Resource Management Act 1991

Sections 30 and 31 of the Resource Management Act (RMA) need to be read together with section 142 of the HSNO Act. 

Section 142 of the HSNO Act provides that RMA plans can only include more stringent requirements than the HSNO Act when they are considered ‘necessary’ for the purposes of the RMA. Where the HSNO Act requirements are sufficient to meet the purposes of the RMA that test will not be met.

For further information see Managing Hazardous Substances [Quality Planning website]

Gas Act 1992

The safe use of fuel gases in systems such as town gas reticulation is controlled under the Gas Act 1992 which is administered by the Ministry of Business, Innovation and Employment (MBIE).

There is an overlap of interest with hazardous substances legislation because these fuel gases are flammable and may also have toxic properties. The HSNO Act provides performance requirements to limit the likelihood of harmful effects from these properties.

The HSNO Act also allows for the EPA and MBIE to consult on gas regulations. MBIE is the regulatory authority responsible for setting controls on fuel gases when used as specified under the Gas Act.

Health and Safety at Work Act 2015 

The purpose of the Health and Safety at Work Act (HSW Act) is to ‘provide for a balanced framework to secure the health and safety of workers and workplaces’. It obliges people who have a role in a workplace to prevent harm from hazards, which include hazardous substances. 

All hazardous substances in the workplace must be managed in accordance with both the HSW and HSNO Acts.

To find out more about the HSW Act see the HSW Legislation page of the WorkSafe website.

Medicines Act 1981

The safe use of substances as medicines is controlled under the Medicines Act administered by the Ministry of Health. There is an overlap of interest with the HSNO Act because some medicines are also hazardous substances.

Regulations under the HSNO Act apply to the safe transport and storage of medicines in their bulk form. The Medicines Act controls medicines in their finished-dose form. The Ministry of Health advises the EPA of approvals issued and controls imposed under the Medicines Act.

Building Act 2004 and regulations

The Building Act provides controls to ensure that buildings are structurally safe, while the HSNO Act sets controls to ensure that specialised containers and buildings can safely contain the hazardous substances (eg, explosives magazines and bulk petroleum storage tanks) that they are designed to hold.

Ozone Layer Protection Act 1996 

This Ozone Layer Protection Act regulates the phasing out of ozone depleting substances. Other hazardous aspects of the chemicals are still controlled under the HSNO Act.

The Imports and Exports (Restrictions) Prohibition Order (No 2) 2004

New Zealand is party to several multilateral agreements relating to the import and export of hazardous waste such as the Basel Convention. A permit under the Prohibition Order must be obtained from the EPA before hazardous waste can be imported to, or exported from, New Zealand.

For more information see Importing or exporting hazardous waste in New Zealand [EPA website].

Transport legislation

Transport legislation helps ensure New Zealand’s air, sea and land transport systems operate safely. This legislation includes the Land Transport Act 1998, the Land Transport Rules, the Maritime Safety Rules and the Civil Aviation Rules. 

Transport legislation requires that:

  • hazardous substances are contained or packaged to withstand the conditions of transport (eg, loads imposed by a ship rolling at sea or the reduced pressure in an aircraft flying at altitude) and are identified so that they can be correctly managed in transport
  • operators know about and comply with the appropriate requirements of the HSNO Act (demonstrated by hazardous substances endorsements on drivers' licenses).

The HSNO Act requires the following.

  • Vehicle safety requirements specific to a hazardous substance (such as corrosion resistance of an acid tank mounted on a truck). 
  • Identification of standards to be set for hazardous substances based on standard international transport labelling and marking requirements. These standards supplement the identification requirements contained in transport legislation.

It also specifies the performance required of hazardous substances packaging. These performance requirements are derived from the United Nations Recommendations for the Transport of Dangerous Goods, and meet land transport requirements. However, air and sea transport require additional precautions as noted above. Stricter regulations also apply to these forms of transport under the Maritime Transport Act 1994 and the Civil Aviation Act 1990.

Reviewed:
29/08/16