Public Consultation on Infringement Scheme for Hazardous Substances in New Zealand

In New Zealand the Environmental Protection Authority (EPA) is actively seeking feedback from stakeholders on a proposed infringement offence scheme for hazardous substances under the Hazardous Substances and New Organisms Act 1996 (HSNO Act). The closing date for submissions is August 28, 2023. The valuable insights gathered will contribute to refining the scheme before final policy proposals are presented to Cabinet for consideration. 

The Ministry for the Environment (MfE) and the Environmental Protection Authority (EPA) have collaborated on a significant initiative to enhance protection for the environment and the well-being of people and communities in relation to hazardous substances. Their joint effort has led to the proposal of an infringement offence scheme under the HSNO Act. 

The primary goal of this scheme is to bridge the existing gap in enforcement tools for hazardous substance offences under the HSNO Act. Currently, there is a lack of an intermediate enforcement measure between compliance orders and prosecution, which restricts the authorities' ability to address hazardous substance violations at lower levels adequately. 

The proposed infringement offence scheme outlines a list of offences and their associated fees. These offences are characterized as being straightforward  factual matters that can easily be identifed by enforcement officers. They also involve minor or less serious matters that do not warrant prosecution and are suitable for on-the-spot fines. Importantly, the scheme ensures that no criminal convictions arise from these infringement offences. 

Upon approval by the Cabinet, the new hazardous substances infringement regulations will be formally announced in the New Zealand Gazette and on the EPA's official website. The proposed fines for infringement offences range from NZ$ 200 to NZ$ 3,000. 

This innovative step by the MfE and EPA promises to bolster environmental protection and safeguard the health and safety of the people and communities across New Zealand. By establishing a more effective enforcement framework, they are taking a proactive approach to address hazardous substance issues in a manner that befits the gravity of the offences.