Hazardous Substances and New Organisms Act 1996

Question 1

Hazardous Substances and New Organisms Act 1996

What does a Hazardous Substance mean ?

Answer 1

Any substance with one or more intrinsic properties:

• Explosiveness
• Flammability
• Capacity to Oxidise
• Corrosiveness
• Toxicity and Eco-toxicity (with or without bioaccumulation)

OR
On contact with air or water generates substance above

Question 2

Hazardous Substances and New Organisms Act 1996

What is the meaning of “new organism” ?

Answer 2

Organism;

• not present in NZ before 29 July 1998
• not present in NZ at time of promulgation (new law passed)
• which containment approval has been given
• conditional release approval given
• qualifies approval for release with controls
• genetically modified
• has been eradicated from NZ

Question 3

Hazardous Substances and New Organisms Act 1996

Define an Emergency ?

Answer 3

• Actual or imminent danger to human health or safety; OR
• a danger to environment or chattels so significant that immediate action required to remove hazardous substance or new organism

Question 4

Hazardous Substances and New Organisms Act 1996

Define Enforcement Officer under this Act ?

Answer 4

Includes:

• any Constable
• any Employee, volunteer or contracted Fire officer

Question 5

Hazardous Substances and New Organisms Act 1996
Section 136, Declaration of emergency.
When an emergency has been declared what should an Enforcement Officer do ?

Answer 5

• identify himself to persons in the vicinity; AND
• State his authority to exercise emergency powers; AND
• Announce nature of emergency and the area likely affected

Question 6

Hazardous Substances and New Organisms Act 1996

When an emergency is declared, when will it cease? (Section 136(4))

Answer 6

• 48 hours after time of declaration; OR
• When state of emergency declared; OR
• when treated under Fire and Emergency NZ Act 2017
• when emergency declared under section 144 Biosecurity Act 1993
  … whichever is the sooner

Question 7

Hazardous Substances and New Organisms Act 1996

If emergency still exists 48 hours after the time of declaration, can this be extended ?

Answer 7

Yes - another 48 hours, (OR until a State of Emergency, Biosecurity Act or Fire Emergency Act provisions apply)

Question 8

Hazardous Substances and New Organisms Act 1996

Under section 137, what powers apply to an Enforcement Officer when an emergency has been declared ?

Answer 8

• Enter any premises
• exercise any powers under this act
• Direct any person to stop activities contributing to emergency
• Direct any person from entering vicinity of emergency
• requisition any property for use in emergency
• destroy any property to prevent or limit extent of emergency
• Secure site for up to 24 hours following immediate danger is past