Plain language law

New Zealand law explained for everyone

Waste Minimisation Act 2008

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

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

You could also call this:

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

Illustration for Waste Minimisation Act 2008

The Governor-General can make rules about products and waste. You need to know that these rules can control how products are disposed of or sold. The rules can also require people to take back products and recycle them.

The Minister helps make these rules. They must make sure there are good alternatives to disposing of products before making new rules. The Minister also needs to talk to the Waste Advisory Board and other people who might be affected by the rules.

The rules can include things like labelling products, setting standards for recycling, and requiring people to collect information about waste. You can find more information about how these rules are published in Part 3 of the Legislation Act 2019.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154587.

Topics:
Environment and resources > ConservationEnvironment and resources > Climate and energyMoney and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading
Previous

22: Regulations in relation to priority products and accredited schemes, or

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

Next

24: New Zealand Customs Service to provide information about priority products, or

"Customs must give the Secretary information about certain products when asked"

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

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

  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:

    Control or prohibition on disposal, sale, etc

  2. controlling or prohibiting the disposal, or anything done for the purpose of disposing, of products or waste:
    1. controlling or prohibiting the manufacture or sale of products that contain specified materials:

        1. Take-back services, fees, and refundable deposits

      1. requiring specified classes of person to provide a take-back service for products, and prescribing requirements for—
        1. the take-back service; and
          1. the reuse, recycling, recovery, treatment, or disposal of products taken back:
          2. setting fees payable for the management of a product and specifying—
            1. the class or classes of person who must pay the fee; and
              1. the stages in the life of the product where the fee must be paid; and
                1. the purposes to which the fee must be applied; and
                  1. the persons responsible for collecting the fees:
                  2. requiring specified classes of person to charge a deposit on the sale of a product, requiring the deposits to be refunded in specified circumstances, and prescribing requirements for the application of any deposits not refunded:

                      1. Labelling of products

                    1. prescribing requirements for the labelling of a product:

                        1. Quality standards

                      1. for any product or material that has become waste, prescribing standards to be met when reusing, recycling, or recovering the product or material:
                        1. requiring specified persons or specified classes of person to ensure that the standards prescribed under paragraph (g) are met:

                            1. Information to be collected and provided

                          1. requiring specified persons or specified classes of person to collect, and provide to the Secretary, information about any requirements imposed in regulations made under paragraph (a), (b), (c), (d), or (e):

                              1. Miscellaneous

                            1. providing for any other matter contemplated by this Part.

                              1. The Minister must not recommend the making of regulations—

                              2. under subsection (1)(a), unless he or she is satisfied that there is adequate infrastructure and facilities in place to provide a reasonably practicable alternative to disposal or, if not, that a reasonable time is provided before the regulations come into force for adequate infrastructure and facilities to be put in place:
                                1. under subsection (1)(b), unless a reasonably practicable alternative to the specified materials is available.

                                  1. Before recommending the making of regulations under subsection (1), 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. 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. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                          Notes
                                          • Section 23(1)(d)(iv): inserted, on , by section 13 of the Customs (Levies and Other Matters) Amendment Act 2025 (2025 No 51).
                                          • Section 23(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).