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Waste Minimisation Act 2008

Product stewardship - Regulations in relation to priority products, accredited schemes, products, materials, and waste

22: Regulations in relation to priority products and accredited schemes

You could also call this:

"Rules to help reduce waste from certain products and make sure schemes to manage them are good for New Zealand"

Illustration for Waste Minimisation Act 2008

The Governor-General can make rules about priority products and accredited schemes. You need to know that these rules can stop the sale of certain products unless they follow an accredited scheme. The Minister must get advice from the Waste Advisory Board before making these rules. The Minister also needs to make sure people who might be affected by the rules are consulted. The rules must help meet certain goals, such as those mentioned in section 12(3)(b) or (d), and must be good for New Zealand.

The Minister can also make rules about how to apply for accreditation and what information you need to provide. You might have to pay a fee for this application, which can include the costs of assessing and accrediting the scheme. The Minister can also make rules about charges for monitoring accredited schemes, which can be fixed charges or charges based on the time it takes to monitor the scheme.

The Secretary can use different methods to charge for monitoring, such as fixed charges or hourly rates. If there are multiple methods, the Secretary must choose the one that is most fair and suitable. You can find more information about how these rules are published in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154586.

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23: Regulations in relation to products (whether or not priority products), materials, and waste, or

"Rules about how to make, sell, and get rid of products and waste"

Part 2Product stewardship
Regulations in relation to priority products, accredited schemes, products, materials, and waste

22Regulations in relation to priority products and accredited schemes

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for 1 or more of the following purposes:

  2. prohibiting the sale of a priority product, except in accordance with an accredited scheme:
    1. prescribing the manner in which applications for accreditation of a product stewardship scheme must be made:
      1. prescribing the information to be included in an application for accreditation:
        1. prescribing the fee payable for an application for accreditation (which may include the reasonable costs in assessing and accrediting a scheme):
          1. prescribing the charges payable to the Secretary for the monitoring of an accredited scheme.

            1. Before recommending the making of regulations under subsection (1)(a), the Minister must—

            2. obtain and consider the advice of the Waste Advisory Board; and
              1. be satisfied that—
                1. there has been adequate consultation with persons or organisations who may be significantly affected by the regulations; and
                  1. without the regulations, it is likely that either—
                    1. the objectives of any relevant accredited scheme cannot be met; or
                      1. the matters referred to in section 12(3)(b) or (d) that are included in any guidelines published under section 12 cannot be met; and
                      2. the benefits expected from implementing the regulations exceed the costs expected from implementing the regulations; and
                        1. the regulations are consistent with New Zealand’s international obligations.

                        2. For the purposes of subsection (1)(e), regulations may provide for charges payable to the Secretary using 1 or more of the following methods:

                        3. fixed charges:
                          1. charges fixed on an hourly or other unit basis:
                            1. estimated charges paid before any monitoring, followed by reconciliation and an appropriate payment or refund after the monitoring:
                              1. actual and reasonable charges (having regard to the direct and indirect costs of any monitoring):
                                1. refundable or non-refundable deposits paid before any monitoring of an accredited scheme.

                                  1. However, if more than 1 charging method is provided, the Secretary must use the method that he or she believes on reasonable grounds to be the most suitable and equitable in the circumstances concerned.

                                  2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                  Notes
                                  • Section 22(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).