Basic information
Outline of the system
Sodium fluoroacetate is controlled under the Hazardous Substances and New Organisms Act 1996 (HSNO Act) and the Health and Safety at Work Act 2015 (HSW Act). In addition, the Health and Safety at Work (Hazardous Substances) Regulations 2017 regulate the import, handling, storage and use of sodium fluoroacetate. Under these regulations, a person conducting a business or undertaking (PCBU) who wishes to import sodium fluoroacetate must obtain a certificate of importation from WorkSafe New Zealand before the product is imported to and collected in New Zealand. The import certificate must be presented to New Zealand Customs Service along with collection details before the product can be uplifted at the border.
Product coverage
All hazardous substances must be approved under the Hazardous Substances and New Organisms Act 1996 before they can be manufactured in or imported into New Zealand. The issuing of an import certificate to import sodium fluoroacetate is specified in the Health and Safety at Work (Hazardous Substances) Regulations 2017. Before a PCBU imports sodium fluoroacetate, the PCBU must obtain a certificate from WorkSafe (regulation 13.6 (2)(b)) confirming that the PCBU has complied with the criteria in regulation 13.6(2)(a).
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 requirement for an import certificates are to ensure WorkSafe has knowledge of where sodium fluoroacetate is held in New Zealand, along with a requirement of PCBUs holding stocks of sodium fluoroacetate to report annually their holdings to WorkSafe.
Questions for products under restriction as to the quantity or value of imports
Not applicable, as New Zealand does not have restrictions on the quantity of imports.
The system applies to products originating from which country?
The system applies to sodium fluoroacetate originating in and coming from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The regulations under which import certificates for sodium fluoroacetate are required are the Health and Safety at Work (Hazardous Substances) Regulations 2017, regulation 13.6. An import certificate is statutorily required. The requirement is specific to sodium fluoroacetate (Chemical Abstracts Service (CAS) registry number 62-74-8 and does not include formulation products containing sodium fluoroacetate.
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?
The New Zealand Government (or the executive branch) cannot 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 PCBUs are eligible to apply for an import certificate.
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 applying PCBU must give WorkSafe written notice of:
(i) the name of the overseas supplier of the sodium fluoroacetate; and
(ii) the quantity of sodium fluoroacetate to be collected; and
(iii) the name of the person collecting it from New Zealand Customs.
A copy of the WorkSafe issued application form is available here: http://www.legislation.govt.nz/regulation/public/2017/0131/25.0/DLM73110....
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?
A certificate to import sodium fluoroacetate is required before the substance can be collected in New Zealand and cleared through Customs.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
An application for an import certificate can be made at any time of the year. There are no limitations as to when an application may be made.
Issuing the license
Can a licence be granted immediately on request?
A sodium fluoroacetate import certificate can only be issued after an application for a certificate has been received at WorkSafe, the application is assessed against the criteria in regulation 13.6 (2)(a) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 and a person with statutory authority to issue the certificate has assessed the application. This is not an immediate process.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The processing of an application and issuing of the certificate typically takes 1-3 business days.
Which administrative body is responsible for approving application of licences?
The consideration of an application and the decision to issue an import certificate is administered solely by WorkSafe New Zealand.
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?
No conditions are attached to an import certificate.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing or administration fee required to apply for an import certificate.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There is no payment required.
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?
There are no statutory reasons under the Health and Safety at Work (Hazardous Substances) Regulations 2017 to refuse to issue an import certificate if the requirements of regulation 13.6(2)(a) have been met.
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
As there are no statutory reasons to refuse to issue an import certificate there is no provision within the regulations for an applicant to appeal or dispute an application that is refused.
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?
What documents are required upon actual importation?
The PCBU must provide a copy of the import certificate to the New Zealand Customs Service along with collection details before the sodium fluoroacetate can be uplifted at the border.
Once an import of sodium fluoroacetate has been cleared through Customs, Customs will advise WorkSafe that the substance has been collected.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures under the Health and Safety at Work (Hazardous Substances) Regulations 2017 that are required prior to importation of a consignment of sodium fluoroacetate.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Not applicable. An import certificate for sodium fluoroacetate does not have an expiry date.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of an import certificate.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Import certificates are specific to a PCBU. They are non-transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable; an import certificate is issued to a New Zealand entity.