Basic information
Outline of the system
The Office of Radiation Safety (ORS) administers New Zealand's radiation safety legislation. The Radiation Safety Act 2016 (the Act) defines radioactive material and sets out the requirement for import consents. The Radiation Safety Regulations 2016 (the Regulations) specify exemptions from the requirement to obtain an import consent.
When a consent is issued, ORS also issues a permit number which the importer then provides to the New Zealand Customs Service (NZCS) in order for the material to be imported. The issue of permit numbers on consents is not a legislative requirement, but is an arrangement made between ORS and NZCS for transborder monitoring purposes. NZCS provides a list of permit numbers generated by their system to ORS on a quarterly basis.
Product coverage
High-activity sealed radioactive material (i.e., IAEA category 1 or 2), low-activity (i.e., IAEA category 3 - 5) sealed radioactivity material and low-activity unsealed radioactive material are the main product categories of the consent system. For the import of sealed radioactive material, a single occasion import consent is issued. For low-activity unsealed radioactive material (eg, radiopharmaceuticals), a consent that authorises more than one importation can be issued. The maximum consent term for all types is one year.
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 consent system forms part of the national regulatory system designed to ensure as far as practicable the safety and security of radioactive sources.
Questions for products under restriction as to the quantity or value of imports
See Answers 6.1-6.11
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?
Yes, section 13(c) of the Radiation Safety Act 2016 prohibits the importation of radioactive material without a consent. Regulations 10 to 12 of the Radiation Safety Regulations 2016 exempt specified material from consenting requirements and regulation 14 exempts imports where the material is immediately exported.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
There is no administrative discretion to amend these requirements.
Is it possible for the government to abolish the system without legislative approval?
The executive cannot amend the requirements of the Act without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Yes
What persons or firms are eligible to apply for a licence?
Is there a 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 information required for applications and application forms are available from the Office of Radiation Safety.
https://www.health.govt.nz/our-work/ionising-radiation-safety/buy-sell-a...
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?
5-10 working days.
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?
In exceptional circumstances, consent can be granted within a few hours following the receipt by ORS of an application and payment of the corresponding fee can be made after the issue of consent.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Importers make a single application to ORS.
Must the applications be passed on to other organs for visa, note or approval?
In some cases, ORS will seek a technical opinion from the Institute for Environmental Science and Research before issuing the consent. This is an internal process and does not require multiple approaches by the importer.
Are there any other conditions attached to the issue of a licence?
Yes. Quantitative restrictions apply to multiple consignment consents. Restrictions are in the form of quarterly limits on the total activity of individual radionuclides imported.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Yes.
What is the amount of the fee or charge?
For a single consignment consent to import of IAEA category 1 or 2 radioactive material - $300. For a single consignment import consent of IAEA category 3, 4 or 5 radioactive material - $80. For an ongoing consent to import multiple consignments of unsealed radioactive material over a one-year period - $400.
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?
Applications may be refused on security or safety grounds. Refusals are rare because most applications are for justified reasons.
Are the reasons for any refusal given to applicants?
In the case of a refusal the reasons are given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Section 48 of the Radiation Safety Act provides for appeals.
If so, to what bodies and under what procedures?
Section 48 of the Radiation Safety Act provides for appeals.
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?
Notification of arrival or departure of material – no prescribed form.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
All persons who manage or control radioactive sources must have a source licence. The importer can only transfer material to a person or organisation who holds such a licence.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
One year which cannot be extended.
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?
No, the payment of all fees is required to be in New Zealand dollars.
Is a licence required as a condition to obtaining foreign exchange?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
For low activity unsealed radioactive material, there is no quantitative limit on an overall amount, a condition is imposed on allowed radioactivity levels for certain isotopes (A2 value) per consignment. This information is not published online. Please see below for the conditions.
This consent does not authorise the sale of:
1. natural uranium, depleted uranium (other than used in shielding or transport containers), thorium, Pu-239, U-233 or uranium enriched in the nuclides 235 or 233; or
2. radioactive materials in any one consignment exceeding the A2 values in the International Atomic Energy Agency Regulations for the Safe Transport of Radioactive Materials ("the Regulations"); or
3. radioactive materials in any one month exceeding two times the A2 values in the Regulations. Examples of A2 values are (in TBq):
- H-3: 40 C-14: 3 P-32: 0.5 P-33: 1 S-35: 3 Ca-45: 1 Cr-51: 30 Co-57: 10
- Co-58: 1 Ga-67: 3 Se-75: 3 Sr-89: 0.6 Y-90: 0.3 Mo-99: 0.6 Tc-99m: 4 In-111: 3
- I-123: 3 I-125: 3 I-131: 0.7 Xe-133: 10 Au-198: 0.6 Tl-201: 4 F-18: 0.6 Fe-55: 40.
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
The quotas are determined based on the allowed activity levels indicated in I. All consents are valid for 12 months from the date of issue.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
There are no limitations on granting consents for certain goods to domestic producers of like goods. Certain transactions can be traced by New Zealand Customs Services either by permit numbers or names of importers. The Director for Radiation Safety may, for the purpose of the Radiation Safety Act 2016, disclose any information obtained or made available under Section 35 to any agency inside or outside New Zealand.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Not applicable to radioactive material
What are the minimum and maximum lengths of time for processing applications?
Three to ten working days
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
All consents are valid for 12 months from the date of issue.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Yes, if products only contain radioactive material. If a product contains a radioactive material and psychoactive substance, an applicant must approach the right organisation for a separate authorisation apart from a consent issued by ORS for a radioactive material.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
There is no maximum amount of consents allocated per applicant. The NZ regulator has been able to meet the demand for consents requested and the administrative procedure to process received applications is on the first come first served basis.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Not applicable
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Not applicable
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No