The Government is looking to declare ‘priority products’ for six product groups that can create harm at end of life. It is also looking to declare ministerial guidelines for the design of accredited schemes to manage the priority products. This is stage one of a two stage process to move toward regulated product stewardship for these products. Find out more.
Under the Waste Minimisation Act product stewardship may be regulated, and some actions made mandatory. This page explains when this can happen and why.
Why declare a ‘priority product’?
Declaration of ‘priority product’ under the Waste Minimisation Act creates an obligation and opportunity.
- As soon as is practicable after a product is declared a priority product, a product stewardship scheme for that product must be developed and accreditation obtained (section 10)
- An option becomes available to prohibit the sale of a priority product except in accordance with the accredited scheme (section 22(1)(a)). This would mandate participation in an accredited scheme and reduce free-rider issues typically experienced by voluntary accredited schemes.
What other regulations are available?
Under the Waste Minimisation Act there are a range of regulatory powers that may be placed on products exercised, whether or not they have been declared priority products (section 23).
- Control or prohibition of disposal.
- Control or prohibition of manufacture or sale of products that contain specified materials (Used for plastic microbeads in 2017 and for single-use plastic shopping bags in 2018).
- Required take-back services for products.
- Fees payable for the management of a product, who must pay when and what the fees will be used for.
- Required deposit on the sale of a product, and requirements for its refund and use.
- Requirements for labelling of a product.
- Standards to be met when reusing, recycling, or recovering a product or material, and who is required to enforce them.
- Required collection of information and reporting for certain regulations (1-5 above).
Criteria for priority products
Before declaring a priority product the Minister must be satisfied that the following criteria are met.
- The product will or may cause significant environmental harm when it becomes waste, or
- There are significant benefits from reduction, reuse, recycling, recovery, or treatment of the product, and
- The product can be effectively managed under a product stewardship scheme.
Process for declaring a priority product
Any priority product declaration will be notified in the New Zealand Gazette. If required, ministerial guidelines about the product stewardship schemes will be provided.
Before new regulations are passed, the Ministry for the Environment will consult with those who may be affected by the regulations. This includes manufacturers and brand owners who sell their product in New Zealand and any scheme managers who have an existing accredited product stewardship scheme for the same product.