Skip to main content.

4 Substances Imported for Export Only

Submitters to the New Organisms and Other Matters (NO&OM) Bill and industry stakeholders are concerned that the 20-day limit on transhipment is somewhat arbitrary, and that something coming into New Zealand to be exported within 21 days is still, in effect, transhipment. There have been requests from industry to remove the 20-day limit.

This is particularly of concern for those importers who import substances into New Zealand and put labels on these substances in Pacific Island languages, for example, and export them to the Pacific Islands without selling the product into New Zealand. Usually these substances are similar to or the same as substances already in use in New Zealand. However, occasionally these substances are not substances in use in New Zealand and may be targeted to a particular crop or pest that does not occur in New Zealand.

Currently the HSNO Act allows ERMA to approve the manufacture or importation of any hazardous substance in containment (section 30) for analytical standards, research and use in emergencies. However, the Act is not clear on whether ERMA can consider an application for a containment approval for other purposes.

We consider that the Act should be clarified so that new substances that:

  • are imported into containment
  • are either relabelled, repackaged or reformulated
  • will be exported only, an not used or sold in New Zealand

can be considered under the containment approval pathway.

All imported goods arriving in New Zealand are required by the Customs and Excise Act 1996 to be cleared through the New Zealand Customs Service. Regulation 21 of the Customs and Excise Regulations 1996 requires that the entry to clear the goods must be lodged with Customs within 20 working days after the date of the goods importation. Therefore, to remain consistent with the Customs and Excise Regulations, we do not propose to remove the 20-day time limit.

The issue also arises via another mechanism: a change in the definition of 'importation'. There is concern that the HSNO Act may now apply to substances imported into New Zealand en route to another destination where historically they would have been excluded from consideration. This is because the meaning of the term 'importation' has changed.

The HSNO Act defines 'importation' in relation to hazardous substances to have the same meaning as section 47 of the Customs Act 1966. The Customs Act 1996 excludes goods (from the definition of importation) whose destination is outside the territorial limits of New Zealand, provided they do not leave the ship or aircraft. The Customs Act 1966 has been replaced by the Customs and Excise Act 1996, which redefined 'importation' without this exclusion. This change will need to be reflected in the HSNO Act and we propose to make an amendment to accomplish this.

As a consequence, however, a number of hazardous substances passing through New Zealand are now caught by the HSNO Act and will require a normal approval or a transhipment approval. Again, these substances could be covered by containment approvals if section 30 of the Act were clarified.

QUESTIONS

7. Do you agree that the Act should be clarified so that new substances that:

  • are imported into containment
  • are either relabelled, repackaged or reformulated
  • will be exported only, not used or sold in New Zealand

should be able to be considered under the containment approval pathway?

[ Previous | Next ]