Introduction
Product stewardship is a broad concept that may be applied in many ways but this guide is focused specifically on product stewardship in relation to the accreditation process in the Waste Minimisation Act 2008. Schemes accredited under the Act are expected to have a particular focus on waste minimisation. A successful product stewardship scheme for a non-priority product does not have to apply for accreditation under the Act. This is optional.
A non-priority product is any product that has not been declared a priority product by the Minister for the Environment. A non-priority produce may change status to a priority product at any time.
The Waste Minimisation Act 2008 provides a regulatory framework for the establishment of product stewardship for key products. Most product stewardship schemes are voluntary, but priority products may be regulated to ensure producers and others in the supply chain share responsibility for end-of-life products.
A voluntary and collaborative approach by brand owners, designers, producers, manufacturers, importers, retailers, government and others to product stewardship schemes for non-priority products is key in developing a greater focus on waste and environmental sustainability through design, production and consumption decisions.
The Waste Minimisation Act
The Waste Minimisation Act 2008 was enacted in September 2008. See http://www.mfe.govt.nz/issues/waste/waste-minimisation.html for details.
The Act includes the following:
Part 1 – Preliminary provisions
Part 2 – Product stewardship
Part 3 – Waste disposal levy
Part 4 – Responsibilities of territorial authorities in relation to waste management and minimisation
Part 5 – Offences and enforcement
Part 6 – Reporting and audits
Part 7 – Waste Advisory Board.
This guide
This guide covers Part 2 of the Act only, the provision for a statutory basis for product stewardship. The purpose of this Part is:
to encourage (and, in certain circumstances, require) the people and organisations involved in the life of a product to share responsibility for –
- ensuring there is effective reduction, reuse, recycling or recovery of the product; and
- managing any environmental harm arising from the product when it becomes waste.
This guide provides information for product stewardship schemes covered under the Act and the accreditation of product stewardship schemes for non-priority products. Additional guidance will be provided on product stewardship for priority products when potential priority products are identified by the Minister for the Environment.
The section entitled What can product stewardship do? further explains what product stewardship is by presenting a range of product stewardship tools and potential benefits.
The section entitled Setting up a product stewardship scheme for accreditation explains the requirements for an accredited product stewardship scheme as set out in Part 2 of the Waste Minimisation Act 2008.
Before describing the tools and potential benefits that can make up product stewardship, it is helpful to clarify the role of government as set out in the Act.
Central government roles
Minister for the Environment
The Minister responsible for the Act is the Minister for the Environment. For product stewardship this involves:
- declaring priority products (section 9 of the Act)
- publishing guidelines in the Gazette for priority products (section 12)
- accrediting product stewardship schemes (sections 13, 14 and 15)
- receiving notice of variations to schemes (section 16)
- revoking the accreditation of schemes (section 18)
- monitoring accredited schemes (section 20)
- recommending the making of regulations (sections 22 and 23).
Ministry for the Environment
The Ministry for the Environment (including the Secretary for the Environment) is responsible for the administration of the Act. For product stewardship this involves:
- providing the Minister with advice regarding decisions he or she must make
- assisting in the process for accreditation of schemes
- monitoring the performance of accredited schemes (section 20)
- appointing enforcement officers to ensure compliance with regulations made under Part 2 (section 76)
- requesting the New Zealand Customs Service provide information relevant to the administration and enforcement of regulations for priority products (section 24).
Note: The enforcement of any disposal control regulations made under section 23(1)(a) is the responsibility of territorial authorities, although the Ministry may provide guidance as required if the products are priority products.
The Ministry for the Environment may provide help or oversee the development of schemes, especially for priority products. However, it is expected that any business involved in the product life cycle will take the lead in designing and implementing schemes. There are advantages in having the industry design product stewardship schemes because they are best placed to efficiently incorporate initiatives to manage end-of-life impacts into the design, production and distribution of the product.
The only other specified role for government agencies in Part 2 of the Act is for the New Zealand Customs Service to provide information relevant to the administration and enforcement of regulations for priority products. This is not covered here as it only applies to priority products.
The Waste Advisory Board
Part 7 of the Act establishes a Waste Advisory Board to provide advice, upon request, to the Minister regarding waste minimisation and the functions under the Act. See the Ministry for the Environment website at http://www.mfe.govt.nz/issues/waste/advisory-board/ for more detail on the Board.
The Minister must seek the advice of the Board when:
- declaring priority products
- issuing guidelines for product stewardship schemes for priority products
- accrediting a scheme for a priority product that is not consistent with any guidelines published under section 12
- recommending the making of regulations under sections 22 and 23.
The Minister may also choose to seek the Board’s advice on any matter relating to the Act (for example, the accreditation of a scheme with particularly wide-ranging or complex impacts).
Local government roles
Local authorities may:
- participate in the development of schemes
- participate in accredited schemes
- advise ratepayers of services provided by schemes
- provide facilities for collection, reuse or recycling.
During the development of a scheme, local authorities (such as territorial authorities and regional councils) will also be able to assist in:
- understanding the current issues with the management of the end-of-life product
- ensuring the scheme meets the expectations of the community
- ensuring the scheme is coordinated with other local authorities' waste minimisation and management activities.
Local authorities may be able to reduce consumer confusion about the correct collection point for a particular product by providing common collection points for some products, particularly at places such as transfer stations and recovery centres where the public already drop off end-of-life products and waste.
However, this does not mean the Government believes local authorities have a mandatory role in all schemes. Local authorities’ role may be voluntary; product stewardship schemes may consider paying local authorities as they would any other participant in the scheme such as a recycling facility.
Private sector roles
The roles of designers, importers, manufacturers, producers, distributors, retailers, collectors, recyclers and others in business are not predetermined for non-priority products under the Act. Each product stewardship scheme will determine what the roles and responsibilities are and where they best belong.
Non-governmental organisations' roles
The roles of non-governmental organisations such as charities and community groups are not predetermined for non-priority products under the Act. Each product stewardship scheme will determine how these groups can help and where they best belong.
For the purpose of this guide the term business refers to anyone in the product or product stewardship life cycle.
