Waste Minimisation Act 2008

Preliminary provisions

5: Interpretation

You could also call this:

"What special words in the Waste Minimisation Act mean"

Illustration for Waste Minimisation Act 2008

The Waste Minimisation Act 2008 has many special words that you need to understand. You will see words like accredited scheme, which means a product stewardship scheme accredited by the Minister under section 15. The Minister is the Minister for the Environment.

When you read this Act, you will see other words like contaminant, which includes any substance that can harm the environment. A contaminated site is land where a contaminant is present and can harm human health or the environment. You can find more information about what a contaminant is in the Civil Defence Emergency Management Act 2002 for the meaning of emergency.

The Act also talks about waste, which is anything that is disposed of or discarded. Waste minimisation means reducing waste, reusing waste, recycling waste, and recovering waste and diverted material. You can learn more about what waste minimisation is by reading section 43 about waste management and minimisation plans.

There are many other special words in the Act, like disposal facility, which has the meaning set out in section 7. You can also learn about diversion, which is when you divert materials away from disposal. The Act explains what diversion is and how it can help with waste minimisation.

The Act has many definitions to help you understand what each word means. For example, a producer is a person who makes a product and sells it in New Zealand. A product stewardship scheme is a scheme that helps to manage waste and reduce harm to the environment.

You can find more information about these words and what they mean by reading the Act. The Act is a law that helps to reduce waste and protect the environment in New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154502.


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Part 1Preliminary provisions

5Interpretation

  1. In this Act, unless the context requires another meaning,—

    accredited scheme means a product stewardship scheme accredited by the Minister under section 15

      appointed levy collector means a person appointed in accordance with section 40(1)(a) to collect the levy

        auditor means a person appointed under section 87(1)

          contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat that either by itself or in combination with the same, similar, or other substances, energy, or heat,—

          1. when discharged into water, changes or is likely to change the physical, chemical, or biological condition of the water; or
            1. when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged

              contaminated site means land where a contaminant is present, or is likely to be present,—

              1. in any physical state in, on, or under the land; and
                1. in concentrations that pose an unacceptable risk to human health or the environment

                  disposal has the meaning set out in section 6

                    disposal facility has the meaning set out in section 7

                      diverted material means any thing that is no longer required for its original purpose and, but for commercial or other waste minimisation activities, would be disposed of or discarded

                        emergency has the same meaning as in section 4 of the Civil Defence Emergency Management Act 2002

                          emergency waste means—

                          1. waste that has been caused by an emergency; or
                            1. any thing identified as emergency waste by notice made under section 38A

                              enforcement officer means a person appointed as an enforcement officer under section 76(1) or (2)

                                environment has the same meaning as in section 2(1) of the Resource Management Act 1991

                                  financial year means a period of 12 months ending with 30 June

                                    hazardous substance includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance

                                      infringement fee means the amount prescribed as the infringement fee for the infringement offence concerned

                                        infringement offence means an offence prescribed as an infringement offence under section 59(a)

                                          judicial officer means a District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a constable)

                                            levy means the levy imposed by section 26

                                              levy collector, in relation to a disposal facility, means—

                                              1. the Secretary, if there is no appointed levy collector for the facility; or
                                                1. the appointed levy collector for the facility

                                                  levy money means the money paid as levy

                                                    local authority has the same meaning as in section 5(1) of the Local Government Act 2002

                                                      Medical Officer of Health has the same meaning as in section 2(1) of the Health Act 1956

                                                        Minister means the Minister for the Environment

                                                          nuisance has the same meaning as in section 29 of the Health Act 1956

                                                            objectives, in relation to a product stewardship scheme, means the objectives for the product to which the scheme relates as set under section 14(c)(i)

                                                              operator means the person in control of a disposal facility or other facility

                                                                prescribed means prescribed by regulations made under this Act

                                                                  priority product means a product declared to be a priority product in accordance with section 9

                                                                    producer means a person who—

                                                                    1. manufactures a product and sells it in New Zealand under the person’s own brand; or
                                                                      1. is the owner or licence holder of a trademark under which a product is sold in New Zealand; or
                                                                        1. imports a product for sale in New Zealand; or
                                                                          1. manufactures or imports a product for use in trade by the person or the person’s agent

                                                                            product includes—

                                                                            1. packaging; and
                                                                              1. a class of product

                                                                                recovery

                                                                                1. means extraction of materials or energy from waste or diverted material for further use or processing; and
                                                                                  1. includes making waste or diverted material into compost

                                                                                    recycling means the reprocessing of waste or diverted material to produce new materials

                                                                                      reduction means—

                                                                                      1. lessening waste generation, including by using products more efficiently or by redesigning products; and
                                                                                        1. in relation to a product, lessening waste generation in relation to the product

                                                                                          remediate, in relation to a contaminated site, means to remove a contaminant from the site or to lessen the harmful effects of a contaminant

                                                                                            reuse means the further use of waste or diverted material in its existing form for the original purpose of the materials or products that constitute the waste or diverted material, or for a similar purpose

                                                                                              sale includes—

                                                                                              1. an offer for sale; and
                                                                                                1. distribution or delivery, whether or not for valuable consideration (including delivery to an agent for sale on consignment)

                                                                                                  scheme manager means the contact person for an accredited scheme

                                                                                                    Secretary means the Secretary for the Environment appointed in accordance with section 29 of the Environment Act 1986

                                                                                                      territorial authority has the same meaning as in section 5(1) of the Local Government Act 2002

                                                                                                        treatment

                                                                                                        1. means subjecting waste to any physical, biological, or chemical process to change its volume or character so that it may be disposed of with no or reduced adverse effect on the environment; but
                                                                                                          1. does not include dilution of waste

                                                                                                            waste

                                                                                                            1. means any thing disposed of or discarded; and
                                                                                                              1. includes a type of waste that is defined by its composition or source (for example, organic waste, electronic waste, or construction and demolition waste); and
                                                                                                                1. to avoid doubt, includes any component or element of diverted material, if the component or element is disposed of or discarded

                                                                                                                  Waste Advisory Board or Board means the Waste Advisory Board established by section 89

                                                                                                                    waste management and minimisation means waste minimisation and treatment and disposal of waste

                                                                                                                      waste management and minimisation infrastructure means infrastructure and associated equipment that is used to support waste management and minimisation

                                                                                                                        waste management and minimisation plan or plan means a waste management and minimisation plan adopted by a territorial authority under section 43

                                                                                                                          waste minimisation means—

                                                                                                                          1. the reduction of waste; and
                                                                                                                            1. the reuse, recycling, and recovery of waste and diverted material.

                                                                                                                            2. In this Act,—

                                                                                                                            3. benefits expected from implementing regulations, or from reduction, reuse, recycling, recovery, or treatment of a product, include both monetary and non-monetary benefits:
                                                                                                                              1. costs expected from implementing regulations include both monetary and non-monetary costs.
                                                                                                                                Notes
                                                                                                                                • Section 5(1) contaminant: inserted, on , by section 5 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).
                                                                                                                                • Section 5(1) contaminated site: inserted, on , by section 5 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).
                                                                                                                                • Section 5(1) emergency: inserted, on , by section 5 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).
                                                                                                                                • Section 5(1) emergency waste: inserted, on , by section 5 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).
                                                                                                                                • Section 5(1) environment: amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                                                                                                • Section 5(1) hazardous substance: inserted, on , by section 5 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).
                                                                                                                                • Section 5(1) judicial officer: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                                                                                                                • Section 5(1) local authority: inserted, on , by section 5 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).
                                                                                                                                • Section 5(1) remediate: inserted, on , by section 5 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).
                                                                                                                                • Section 5(1) waste management and minimisation infrastructure: inserted, on , by section 5 of the Waste Minimisation (Waste Disposal Levy) Amendment Act 2024 (2024 No 21).