The Hazardous Substances and New Organisms Act 1996 (HSNO Act) reforms and restates the law relating to the management of hazardous substances and new organisms in New Zealand. With particular reference to hazardous substances, the HSNO Act replaced the Dangerous Goods Act 1974, Explosives Act 1957, Pesticides Act 1979, and Toxic Substances Act 1979 from 2 July 2001. A series of hazardous substances regulations made under the HSNO Act replaced the regulations made under the earlier legislation.
A key feature to managing hazardous substances under the HSNO Act is determining what substances are classed as ‘hazardous substances’. The initial responsibility for making this judgement rests with the importer or manufacturer of the substance. To assist you in making this decision, ERMA New Zealand has prepared this user guide.
The determination of whether a substance is ‘hazardous’ is a technical and a legal determination. The manufacture or importation of a hazardous substance without an approval is an offence under section 25(1) of the HSNO Act. If a company is manufacturing or importing a hazardous substance otherwise than in accordance with a HSNO Act approval, a HSNO Act enforcement agency such as the Department of Labour could prosecute that company.
We strongly recommend that if, after completing an evaluation, you decide a substance is not hazardous, you thoroughly document your reasons for this decision. It is also a condition of Group Standard approvals that you retain a record of the classification determination for the purposes of assignment to a particular Group Standard.
You may wish to obtain expert advice to support your decision. ERMA New Zealand provides a Status of Substance service to provide informal advice about whether a substance is hazardous and/or covered by an existing approval (see our website for more information, http://www.ermanz.govt.nz). ERMA New Zealand will make formal determinations only in special circumstances. (These circumstances include the determination of whether or not a substance is a hazardous substance under section 26 of the HSNO Act and regulations made under section 75(1)(g) of the HSNO Act, declaring a substance not to be hazardous for the purposes of the Act.)
If you conclude that your substance is hazardous you need to get an approval from ERMA New Zealand, unless your substance is covered by an existing Group Standard or other existing HSNO Act approval. The Status of Substance service also says whether the substance is covered by an existing Group Standard or a HSNO Act approval. If you are considering making an application to import or manufacture the substance, our staff are happy to advise you. You may obtain more information about the HSNO Act and ERMA New Zealand procedures from our website here.
Please contact Sam.Feder@ermanz.govt.nz to order a hard copy or a CD containing all the documents.
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