Basic information
Outline of the system
The regulatory controls to restrict the importation, supply and acquisition of high-power laser pointers in New Zealand is implemented through the Health (High-power Laser Pointers) Regulations 2013 and the Customs Import Prohibition (High-power Laser Pointers) Order 2019.
Under the legislation applicants must apply for authorisation from the Director - General of Health or their delegate to supply or acquire high-power laser pointers. Before granting authorisation, the Director-General must be satisfied the applicant is of good character and has a legitimate purpose for acquiring a high-power laser pointer.
Every authorisation issued to import HPLP specifies the quantity and frequency of the permitted import. Each authorisation is individually assessed and issued according to the requirements of the importer.
Product coverage
The Ministry of Health is responsible for administering regulatory controls to help manage the health and safety risks from high-power laser pointers (HPLP).
HPLP are small hand-held devices that emit a beam of non-ionising electromagnetic radiation. The controls do not apply to all laser pointers. Devices with a power output up to and including 1mW are regarded as low risk and are not covered by the controls.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The licensing is intended to control the quantity of imports and ensure there is a legitimate use for devices imported. Options for managing the risks from HPLP were considered in a regulatory impact statement.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to goods originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The Customs Import Prohibition (High-power Laser Pointers) Order 2019 (CIPO) restricts the importation of HPLPs to people authorised to import them by the Director-General of Health. The CIPO is made under section 96 of the Customs and Excise Act 2018 and administered by the New Zealand Customs Service.
The Health (High-power Laser Pointers) Regulations 2013 restrict the sale/supply of HPLPs to authorised suppliers and restrict their acquisition to authorised recipients. They are made under sections 117(1)(a) and (z) and 119(d) of the Health Act 1956 and are administered by the Ministry of Health.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply under non-restrictive systems.
Is there a registration fee?
There is no registration fee.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The applicant is required to complete a standard application form. The applicant must provide details about themselves, the devices they are seeking to import/supply/acquire, the frequency and volume of imports, the intended use, and how they will be stored. A statutory declaration is required for the application.
The application form can be downloaded from here: https://www.health.govt.nz/our-work/environmental-health/high-power-lase...
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
Issuing the license
Can a licence be granted immediately on request?
Ministry of Health seeks to process all applications within 25 working days but if an application is urgent it may be possible to process in a shorter time frame.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Ministry of Health seeks to process all applications within 25 working days and authorisation is valid from the date of issue.
Which administrative body is responsible for approving application of licences?
Authorisations are issued solely by Ministry of Health. The outcome (decline or approval) is shared with NZ Customs.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Additional conditions can be placed on an authorisation, such as the requirement to notify Ministry of Health of any changes to an authorised importer's circumstances where those changes may impact their eligibility to hold an authorisation to import or supply HPLPs.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is currently no licensing fee.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
No.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An authorisation will be declined if the applicant has not provided sufficient information to satisfy that they had a legitimate purpose for acquiring a high-power laser pointer as required by the Regulations.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
No.
What documents are required upon actual importation?
Nil but New Zealand Customs may request confirmation of the authorisation to import.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
There is no period of validity of a licence.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.