Post on 12-Mar-2022
This document replaces the previous technical guide prepared by the Environmental
Protection Authority (EPA) entitled: HSNO Enforcement Agencies. Roles and responsibilities:
identifying a lead agency following a hazardous substance non-compliance or incident (May
2012).
3
Contents
Abbreviations 4
Introduction 5
Hazardous substance enforcement and the law 6
Changes to New Zealand law 6
What the Hazardous Substances and New Organisms Act 1996 covers 6
What the Health and Safety at Work Act covers 6
What the Fire and Emergency New Zealand Act 2017 covers 7
Enforcement responsibility 8
Identifying lead agency to deal with incident or non-compliance 11
Identify lead agency 13
Location or place where the incident or non-compliance occurred 14
Steps after identify the lead agency 17
Enforcement tools available 19
Examples of hazardous substance enforcement 21
Acknowledgement 52
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Abbreviations
Abbreviation Name in full
2017 reform 2017 Working Safer Reforms
CAA Civil Aviation Authority
CPGS Cosmetic Products Group Standard 2017
CRP Child resistant packaging
EPA Environmental Protection Authority
FENZ Fire and Emergency New Zealand
FENZ Act Fire and Emergency New Zealand Act 2017
HPC Notice Hazardous Substances (Hazardous Property Controls) Notice 2017
HSNO Act Hazardous Substances and New Organisms Act 1996
HSW Act Health and Safety at Work Act 2015
HSW HS Regulations Health and Safety at Work (Hazardous Substances) Regulations
2017
MNZ Maritime New Zealand
MoH Ministry of Health
MPI Ministry for Primary Industry
NZTA Waka Kotahi New Zealand Transport Agency
PHU Public Health Unit
Police New Zealand Police
PPD Para-phenylenediamine
RC Regional Council
RMA Resource Management Act 1991
SPCA Royal New Zealand Society for the Prevention of Cruelty to Animals
TA Territorial Authority
VTA Vertebrate toxic agent
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Introduction
This document is designed for the agencies enforcing the Hazardous Substances and New
Organisms Act 1996 (HSNO Act). It explains which agency is responsible under the HSNO
Act for enforcing hazardous substance1 requirements following an incident or non-
compliance, and helps you work out who is the lead agency, who has a supporting role, and
where the responsibilities overlap.
This document outlines the legal framework for HSNO Act and provides scenarios to help
you to understand the different roles and enforcement responsibilities.
How the lead agency or agencies should respond to situations is the responsibility of each
agency, based on its priorities and policies.
1 Hazardous substance has the same meaning as in the HSNO Act:
Hazardous substance means, unless expressly provided otherwise by regulations or an EPA notice, any
substance—
(a) with 1 or more of the following intrinsic properties:
(i) explosiveness
(ii) flammability
(iii) a capacity to oxidise
(iv) corrosiveness
(v) toxicity (including chronic toxicity)
(vi) ecotoxicity, with or without bioaccumulation; or
(b) which on contact with air or water (other than air or water where the temperature or pressure has been
artificially increased or decreased) generates a substance with any 1 or more of the properties
specified in paragraph (a).
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Hazardous substance enforcement and the law
This section shows the aspects of hazardous substance management that may require
enforcement, and where these legal requirements come from, including some relevant
changes to the HSNO Act since 2017.
Changes to New Zealand law
On 1 December 2017, some parts of the HSNO Act relating to hazardous substances were
amended (2017 reform), changing the way hazardous substances are managed and controls
are enforced across workplaces in New Zealand.
Parts of the regulations under the HSNO Act (workplace controls to protect people) were
moved to the Health and Safety at Work (Hazardous Substances) Regulations 2017
(HSW HS Regulations) that sets out the requirements for hazardous substances in the
workplace.
Amendments to Section 97 of the HSNO Act, identified the agencies with responsibilities
for enforcement of the HSNO Act, including a broader role for the Environmental
Protection Authority (EPA) and a more targeted role for WorkSafe.
What the Hazardous Substances and New Organisms Act 1996 covers
Following the 2017 reform, most of the controls to manage hazardous substances in the
workplace moved to the Health and Safety at Work Act 2015 (HSW Act) and Hazardous
Substances Regulations (HSW HS Regulations). As a result, the HSNO Act and its
associated EPA notices (which have replaced previous HSNO regulations) now cover the
following areas:
approval of hazardous substances for use, import or manufacture in New Zealand
rules for classification, labelling, safety data sheets and packaging of hazardous
substances
regulation of class 9 (ecotoxic) substances (workplace and non-workplace)
disposal of hazardous substances (workplace and non-workplace)
regulation of all hazardous substances in non-workplaces.
What the Health and Safety at Work Act covers
Under the Health and Safety at Work Act 2015 (HSW Act), WorkSafe, or a designated
agency, enforces the various HSW HS Regulations, including:
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enforcing the work related rules for the manufacture, use, handling and storage of class
1–82 hazardous substances
managing the compliance certification regime
developing safe work instruments to set detailed and technical rules for hazardous
substances
providing guidance, information and tools to help organisations understand their
obligations.
Designated agencies under section 191 HSW Act can perform those WorkSafe functions and
exercise those powers described in the designation instrument. A designated agency takes
over WorkSafe’s role for the functions and powers that were designated to it.
As at 30 January 2020, there were two ‘designated agencies’:
Maritime New Zealand (MNZ), responsible for work undertaken on board ships, and
ships as workplaces
the Civil Aviation Authority (CAA), responsible for work undertaken to prepare an aircraft
for imminent flight, work undertaken on board an aircraft for the purpose of imminent
flight or while in operation, and aircraft as workplaces while in operation.
What the Fire and Emergency New Zealand Act 2017 covers
Fire and Emergency New Zealand manages emergencies involving hazardous substances
under the Fire and Emergency New Zealand Act 2017 (FENZ Act). The trigger for a
hazardous substance emergency under the FENZ Act is lower than under the HSNO Act. We
encourage you to call 111 even if the situation is not yet life threatening.
The FENZ Act gives powers to authorised staff, if there is an emergency involving hazardous
substances, to make the situation safe, and activities that relate to this.
In addition, FENZ have the same powers and protections as enforcement officers under the
HSNO Act (so they could enter a site or take samples, for example) until an enforcement
officer arrives. FENZ, however, cannot investigate or take enforcement action under the
HSNO Act, although it can investigate the fire.
2 This includes substances that are explosives; flammable; have a capacity to oxidise; corrosive; or toxic,
including chronic toxicity, but excluding ecotoxics, radioactive substances and infectious substances
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Enforcement responsibility
The HSNO Act (section 97) lists the government agencies having hazardous substance
enforcement responsibilities under different circumstances.
For efficiency, one agency should lead the response to each incident with support from other
agencies that have enforcement responsibilities or relevant expertise. The lead agency
decides how they will respond to the incident, based on the incident or non-compliance in
question.
Use table 1 to see which areas of enforcement fall under your agency’s legal responsibility.
Some areas of responsibility are shared by more than one agency. In this case, agencies are
encouraged to agree on who will lead the enforcement response, and to get help from the
other relevant agencies if they hold specialist expertise.
Table 1: Government agencies’ enforcement responsibilities under the HSNO Act
Agency Enforcement responsibility Where and when enforced Type of role
WorkSafe New
Zealand
Provisions of the HSNO Act
in respect of disposal and
ecotoxic controls3 and
equivalent conditions in
Group Standards
In any workplace other than
those covered by designated
agencies
Mandatory
All provisions of the HSNO
Act
In, on, or about any distribution
system, gas installation, or gas
appliance
Mandatory
Waka Kotahi
New Zealand
Transport
Agency
All provisions of the HSNO
Act
In, or on any motor vehicle,
road, rail vehicle, or railway
line
Discretionary
NZ Police
All provisions of the HSNO
Act (after consultation with
NZTA)
In, or on any motor vehicle,
road, rail vehicle, or railway
line
Mandatory
Restrictions and prohibitions
relating to the retail sale of
fireworks
Retailers of fireworks Mandatory
Civil Aviation
Authority
All provisions of the HSNO
Act
In or on any aircraft, including
when the aircraft is a
workplace
Mandatory
3 Such controls can be found under the HSNO Act approval for a hazardous substance.
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Agency Enforcement responsibility Where and when enforced Type of role
Discharge of hazardous
substances
From an aircraft, including
when the aircraft is a
workplace
Mandatory
Maritime New
Zealand
All provisions of the HSNO
Act
In, or on any ship, including
when the ship is a workplace
Mandatory
Ministry of
Health
All provisions of the HSNO
Act
Where it is necessary to
protect public health
Mandatory
Territorial
authorities
All provisions of the HSNO
Act
In, or on premises in their
district that are not covered by
a HSNO enforcement agency
listed above (for example,
residential or public place)
Mandatory
In, or on premises where a
HSNO enforcement agency
listed above has transferred
authority to the territorial
authorities under section 98
HSNO Act
Mandatory
In, or on premises where the
TA is in or on those premises
to enforce the Resource
Management Act 1991 (RMA)
Discretionary
Regional
councils
All provisions of the HSNO
Act
In, or on premises in region
where the regional council is
enforcing RMA provisions
Discretionary
In, or on premises where
another agency has
transferred authority to the
regional council
Discretionary
or
mandatory,
depending
on power
transferred
EPA
Provisions of the HSNO Act
in respect of classification
and content controls
(including labelling,
packaging and safety data
sheets) and equivalent
conditions in group standards
relating to hazardous
substances
All of New Zealand
Mandatory
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Agency Enforcement responsibility Where and when enforced Type of role
Requirement for a hazardous
substance to have an
approval before it is imported
or manufactured.
Mandatory
Prohibitions related to
persistent organic pollutants
and hazardous substances
prohibited by regulations
Mandatory
Requirements defined in EPA
notices, such as the
information required from
importers and manufacturers
Mandatory
Provisions of the HSNO Act
in respect of any regulations,
EPA controls and equivalent
conditions in group standards
in workplaces not covered by
another HSNO enforcement
agency
Mandatory
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Identifying lead agency to deal with incident or non-compliance
When your agency receives notification of a hazardous substance incident or non-
compliance, the first step is to determine whether your agency should take the lead or
whether the responsibility best sits with another agency (as specified in section 97 HSNO
Act). This section identifies agencies with an enforcement role in the incident or non-
compliance and establishes the lead agency.
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Figure 1: Decision-making process to determine HSNO enforcement agency
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Identify lead agency
Identifying a lead agency depends on what the incident or non-compliance is and where it
happened.
Once your agency receives a notification of a hazardous substance incident or non-
compliance, start by asking the following questions.
Is it an emergency involving hazardous substances?
Fire and Emergency NZ (FENZ) is the lead agency in a hazardous substance emergency4
once they arrive on the scene.5 When the incident is stabilised or ‘rendered safe’,6 FENZ
hand over the control of the incident to another agency7 or to the site owner. FENZ is not an
enforcement agency under the HSNO Act, but has an enforcement role only during
emergencies.8
Read more information about FENZ capability relating to hazardous substances.9
If not an emergency, does it relate to hazardous substances?
The EPA is the lead agency in cases where, hazardous substances:
imported or manufactured without approval or with an incorrect approval assigned to
them
imported or manufactured with inadequate packaging, labelling or safety data sheets10
are persistent organic pollutants (POPs).
Contact our Hazardous Substances Compliance team on +64 4 916 2426 or email
HSCompliance@epa.govt.nz if you have questions relating to compliance.
If neither of the options above apply, identify a lead agency based on the location or place
where the incident or non-compliance occurred.
4 A ‘hazardous substance emergency’ is defined in section 6 FENZ Act as:
the release or potential accidental release of any hazardous substance from any building or other premises, or from any container or pipe, or from any means of transport (whether motorised or not)
5 Both the FENZ Act and Part 9 of the HSNO Act cover emergencies involving hazardous substances. The
FENZ Act definition requires a lower threshold for response than the HSNO Act, meaning that FENZ will
always be required to respond first before other agencies become involved under the HSNO Act.
6 Section 7(a) FENZ Act.
7 See Appendix E-Handovers of the New Zealand Government Coordinated Incident Management System
(CIMS) (2020) 3rd edition.
8 As FENZ staff are deemed enforcement officers under the HSNO Act (section 135) and the FENZ Act (section
39) when responding to emergencies.
9 www.fireandemergency.nz/hazardous-substances/managing-hazardous-substances/
10 WorkSafe is responsible for the enforcement of HSW HS Regulations in the workplace in relation to
packaging, labelling and safety data sheets.
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Location or place where the incident or non-compliance occurred
Ship
Maritime New Zealand (MNZ) manages hazardous substance-related issues through its
audits; and inspects and investigates to ensure compliance with the HSNO Act, the Maritime
Transport Act 1994, the HSW Act, and the International Maritime Dangerous Goods Code
and Maritime Rules Part 24A – Carriage of Cargoes – Dangerous Goods.
MNZ is a designated agency under the HSW Act, with a role that includes enforcement
related to work on board ships, and ships as workplaces.
The regional council may enforce the HSNO Act if it is in or on the premises for enforcing
RMA provisions.
Note: ‘Ship’ is defined under the HSNO Act in the same way as under the Maritime Transport
Act 1994, to mean:
every description of boat or craft used in navigation, whether or not it has any means of
propulsion; and includes—
a. a barge, lighter, or other like vessel:
b. a hovercraft or other thing deriving full or partial support in the atmosphere from the
reaction of air against the surface of the water over which it operates:
c. a submarine or other submersible.
Aircraft
The Civil Aviation Authority (CAA) manages the risks associated with hazardous substances
in the aviation industry by assessing reported incidents for levels of compliance, as well as
undertaking inflight audits and inspections.
The CAA is a designated agency under the HSW Act, with a role including enforcement
related to work to prepare an aircraft for imminent flight; work on board an aircraft for the
purpose of imminent flight or while in operation; and aircraft as workplaces while in operation.
The regional council may enforce the HSNO Act if it is in or on the premises for enforcing
RMA provisions.
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Any other workplace or a gas distribution system, gas installation11 or gas appliance12
WorkSafe, or a designated agency, will be the lead agency for all incidents and non-
compliances in a workplace. WorkSafe regulates workplaces’ health and safety under the
HSW Act and Regulations, and under the HSNO Act.
Designated agencies under section 191 HSW Act can perform those WorkSafe functions,
and exercise those powers described in the designation instrument. A designated agency
takes over WorkSafe’s role for the functions and powers that were designated to it.
As at 30 January 2020, there were two designated agencies: MNZ and CAA. They perform
all the functions and exercise all powers of the regulator under the HSW Act in respect of:
work on board ships; and ships as workplaces (MNZ)
work to prepare an aircraft for imminent flight; work on board an aircraft for the purpose
of imminent flight or while in operation; and aircraft as workplaces while in operation
(CAA).
The regional council may enforce the HSNO Act if it is in or on those premises for enforcing
RMA provisions.
Note: ‘workplace’ is defined the same way in the HSNO and HSW Acts13 as:
a. […] a place where work is being carried out, or is customarily carried out, for a
business or undertaking; and
b. includes any place where a worker goes, or is likely to be, while at work.
[…] place includes—
a. a vehicle, vessel, aircraft, ship, or other mobile structures
b. any waters and any installation on land, on the bed of any waters, or floating
on any waters.
Road or rail network, vehicle or train
NZ Police (after consultation with the NZTA) is the lead agency for an incident or non-
compliance that took place on the road network, on the rail network or in a vehicle or train.
NZ Police’s Commercial Vehicle Safety Team provides hazardous substance enforcement
on roads by ensuring compliance with the Land Transport Rule: Dangerous Goods 2005.
11 Gas installation is defined in the Gas Act 1992 as “an installation, including a gas appliance (other than a
portable gas appliance that is designed to have within it, or attached to it, its own source of gas), that is
connected or intended to be connected with any source (including any container) from which gas is supplied;
and includes any associated fittings; but does not include any part of a distribution system”
12 Gas appliance is defined in the Gas Act 1992 as “any appliance that uses, or is designed or intended to use,
gas, whether or not it also uses, or is designed or intended to use, any other form of energy”
13 See section 20 HSW Act.
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NZTA may enforce the HSNO Act provisions on any road or railway line, or in or on any
motor or rail vehicle.
The regional council may enforce the HSNO Act on any road or railway line, or in or on any
motor or rail vehicle, if it is in or on those premises for enforcing RMA provisions.
Note: Compliance with the HSNO Act for packaging, marking, labelling and documentation
while a hazardous substance is being transported is generally assured if there is compliance
with:
Civil Aviation Rules Part 92 – Carriage of Dangerous Goods
International Maritime Dangerous Goods Code, incorporated by reference by Maritime
Transport Rule Part 24A – Carriage of Cargoes – Dangerous Goods
the Land Transport Rule: Dangerous Goods 2005
the New Zealand standard for the transport of dangerous goods on land, NZS 5433:2012
(or later iterations).
Any other place
Territorial authorities (TAs) are responsible for leading hazardous substance enforcement in
their district for all incidents or non-compliances taking place in any other place not
mentioned above, such as a public place or a residential home, that is not a workplace.
Public health needs protection
If the incident is likely to affect public health, the Ministry of Health (MoH) generally plays a
supporting role (rather than leading enforcement) as it must act “where it is necessary to
protect public health”.14
The definition of ‘public health’ requires a threshold to be reached before the Ministry of
Health (MoH) will act. MoH decides whether the threshold for public health risk has been
reached. Before that threshold is reached (in MoH’s view), the lead agency will be the
agency identified using the steps described above.
Given the nature of HSNO enforcement, MoH is generally not the lead agency but rather
supports other agencies.15
14 Section 97 of the HSNO Act.
15 Due to the changes in roles this may change in some scenarios. For example, MoH manages classes 6.2
(infectious substances) and 7 (radioactive substances), which are not regulated under the HSNO Act.
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Steps after identify the lead agency
1. When more than one agency can take enforcement action under the HSNO Act
In some cases, more than one agency will have enforcement powers under the HSNO Act. In
such cases, the agencies with enforcement powers must work together to nominate a lead
agency and agree on the roles of the other agencies. The agencies must formally advise
FENZ if they do not intend to attend the site.
2. Lead agency decides whether to investigate
The lead agency will decide whether to investigate the incident to determine if non-
compliance has occurred, and then take appropriate enforcement action.
This decision to investigate, take other actions or take no action at all, will be based on the
agency’s internal procedures and will depend on the agency’s priorities.
3. If investigation not proceeding
If a lead agency decides not to investigate or take enforcement action at all, the EPA
requests the agency:
to record a formal decision why it will not proceed to investigate or take enforcement
action, including the reasons for the decision
to communicate this decision to the EPA and any other lead agencies.
This is to ensure that all relevant HSNO enforcement agencies have the opportunity to
consider whether or not to take enforcement action, and coordinate any response with other
agencies.
4. Support from other agencies
Other agencies will need to be involved if the lead agency does not have the required
expertise to deal with the matter. For example, in the case of explosives found in a home that
is not a workplace, the lead agency would be the TA. The TA might ask for expert advice or
involvement from another agency that has expertise in explosives, such as NZ Defence
Force or the NZ Police.
Agencies must be in a position to effectively assess hazardous substance non-compliances
or incidents that happen within their area of responsibility. Where agencies lack certain
specialist skills, they must have contingency plans in place, including entering into formal
agreements (such as memoranda of understanding or operational agreements) with partner
agencies formalising cooperation and support.
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5. Transferring the lead role to another agency
In some cases, the lead role may be transferred to another agency better placed to deal with
the incident. Transfers from one agency to another should be done formally and all parties
involved notified of the transfer.
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Enforcement tools available
Enforcement agencies can use regulatory interventions and powers to promote and enforce
compliance under the HSNO Act, as described below. These tools are just examples. Not all
of these tools are available to all agencies. There may be other tools available to each
agency that are not listed below.
Non-statutory enforcement tools
Advise Advise a person or group about possible hazardous substance concerns
and the steps they need to take to address those concerns.
Example: A letter advising of requirements for particular activities together
with the penalties or consequences of non-compliance.
Warn Warn when non-compliance or offending has been identified, but limit the
enforcement action, such as when other enforcement action cannot be
pursued or incident does not warrant significant enforcement action.
Warnings can be informal or formal. The enforcement agency would
generally issue a warning following an investigation, and provide a record
that may be considered if future compliance issues arise.
Example: A letter summarising the facts surrounding the incident or non-
compliance, advising that a non-compliance had occurred and what the
penalties of continued or future non-compliance are.
Statutory enforcement tools
Conditions,
restrictions,
controls or
standards
Set conditions, restrictions, controls or standards that a person or group
must comply with.
Example: Medical Officers of Health or Health Protection Officers working
within PHUs can grant permissions under section 95A HSNO Act that may
include conditions (such as signage and exclusion zones) to deal with
potential effects of a1080 aerial application on public health.
Investigate, inspect,
monitor
Investigations, inspections and monitoring, done separately or together,
can operate as compliance tools under the enforcement powers of section
103A HSNO Act.
Example: Under the HSNO Act, the enforcement agency can inspect site,
and seek information sought without investigating the site.
Revocation of
permissions or
licences
Prohibiting a person or group from continuing a regulated activity.
Example: Medical Officers of Health or Health Protection Officers working
within PHUs have the power to revoke section 95A permissions with
respect to vertebrate toxic agent (VTA) operations.
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Compliance order A compliance order is very similar to an RMA abatement notice.
Compliance orders can require a person to stop or start doing something
to comply with the HSNO Act.
Example: Under the HSNO Act, an enforcement officer can serve a
compliance order requiring a person to do something to ensure
compliance with the HSNO Act, regulations, or a control imposed under
the HSNO Act.
Prosecution Prosecution is initiated by filing charges in the District Court criminal
jurisdiction. Depending on the outcome, a prosecution attracts penalties or
other court orders, and a recorded conviction.
Enforcement tools outside the HSNO Act
Court-based civil
proceedings
Such as seeking damages, injunctions, declarations, civil contempt
procedures.
Example: If an enforcement agency knows that a VTA operation will be
carried out without approval, it can seek an injunction to stop the operator
from going ahead.
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Examples of hazardous substance enforcement
Use the questions in figure 1 to help you identify lead and support agencies.
Example 1: Spray drift from a neighbouring property
Scenario
People in their home notify authorities they are experiencing adverse
health effects after a helicopter sprayed a substance over a neighbouring
vineyard.
Decision process to identify lead and support agencies
Is it an emergency?
Yes, an ambulance may attend the site to treat any person affected,
however, the hazardous substance incident has already taken place. Go
to next question.
Does the HSNO Act
apply?
Yes, the substance, a fungicide (class 9), is a hazardous substance, and
the spray may have been outside a buffer zone (Hazardous Substances
(Hazardous Property Controls) Notice 2017 (HPC Notice) clause 51);
there may have been restrictions on applying substances in application
plot (HPC Notice clause 50); or there may have been issues with the
qualifications for aerial application (HPC Notice clause 62).
HSW Act and HSW HS regulations also apply as the substance has
caused adverse health effects on persons, which means the product is
also toxic (class 6).
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or
persistent organic
pollutants (POPs)?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft?
Yes, the helicopter is an aircraft, so the CAA is
a lead agency.
Answer the next questions as well, to identify if
there are any other lead agencies.
Go to the next question.
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Example 1: Spray drift from a neighbouring property
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace?
Yes, the winery is a workplace, so WorkSafe is
a lead agency. Here, the CAA is a WorkSafe
designated agency, and they can enforce HSNO
and HSW HS regulations in this case.
Answer the next questions as well, to identify if
there are any other lead agencies.
Go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
In any other place?
Yes, a home, so the TA where the home is
located is a support agency and the regional
council may be a support agency.
Does it impact
public health?
MoH may be involved if any person was exposed and felt unwell, the
doctor who looks after them would have to notify a hazard substance
injury to the medical officer of health.16
Conclusion
Lead agency CAA
Support agencies
TA
Regional council – if it is present on the premises to enforce compliance
with discharge to air requirements under the RMA
MoH
16 The medical officer of health may investigated and/or report this hazardous substance injury using the
hazardous substances surveillance system.
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Example 2: Pesticide causes poisoning at home
Scenario
A person complains his dogs have been poisoned and died. They report
their neighbour laid pesticide baits that are available to buy over the
counter.
Decision process to identify lead and support agencies
Is it an emergency? No, as it relates to an event that has already happened. Go to next
question.
Does the HSNO Act
apply?
Yes, as it involves pesticides which are hazardous substances approved
under the HSNO Act.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace? No, go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
In any other place?
Yes, a home. The pesticides were meant to be
used in a contained bait station, instead they
were laid as loose baits. The Territorial authority
where the home is located is the lead agency
and the regional council may be a support
agency.
Does it impact
public health?
If there is public access to the property where the baits were laid, then
MoH may become involved in identifying and responding to any public
health risks.
Conclusion
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Example 2: Pesticide causes poisoning at home
Lead agency Territorial authority
Example 3: A person reacts to store-bought make-up
Scenario
There is a complaint from a person suffering from itchy, burning eyes and
eyelids after using mascara they bought from a discount store. The label
on the mascara does not comply with the Cosmetic Products Group
Standard.
Decision process to identify lead and support agencies
Is it an emergency? No, as it relates to an event that has already passed. Go to next question.
Does the HSNO Act
apply?
Yes, cosmetics are hazardous substances and they are managed under
the Cosmetic Products Group Standard (CPGS).
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
Yes, the label does not comply with the Hazardous Substances (Labelling
Notice) 2017. This is a requirement of the CPGS. The EPA is the lead
enforcement agency. The ingredients in the mascara may also be non-
compliant. The importer, manufacturer or supplier must meet the
requirements of the CPGS.
Does it impact
public health?
MoH may be involved as the person felt unwell. The doctor who looks
after the complainant would have had to notify a hazard substance injury
to the medical officer of health.17
Conclusion
Lead agency EPA – as the enforcement agency for labelling and product content
controls.
Support agency
MoH
Trading Standards may help if there is a product recall. (Note that Trading
Standards is not a HSNO enforcement agency)
17 The medical officer of health may investigated and/or report this hazardous substance injury using the
hazardous substances surveillance system.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 4: Inadequate child resistant packaging on a cleaning product
Scenario
A member of the public complains about inadequate child resistant
packaging (CRP) on a cleaning product they bought from their local
supermarket.
Decision process to identify lead and support agencies
Is it an emergency? No, as no hazardous substance was released as part of this incident.
Does the HSNO Act
apply?
Yes, as cleaning products are managed under the HSNO Act under the
Cleaning Products Group Standard.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
Yes, as the packaging may not comply with the Hazardous Substances
(Packaging Notice) 2017, which contains provisions on CRP. Suppliers,
importers and manufacturers have an obligation to meet CRP
requirements.
Does it impact
public health? Yes, MoH may enforce the HSNO Act if the incident impacted the public.
Conclusion
Lead agency EPA – as the enforcement agency for packaging controls.
Support agency
MoH may become involved if there is a risk to public health.
Trading Standards may help if there is a product recall.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 5: Inadequate labelling and packaging on flammable paint sold online
Scenario There is a complaint about flammable paint being sold on the internet that
does not have appropriate labelling and packaging.
Decision process to identify lead and support agencies
Is it an emergency? No, as no hazardous substance was released or potentially accidentally
released as part of this incident.
Does the HSNO Act
apply?
Yes, as the importation, manufacturing and supply of flammable paint are
managed under the HSNO Act, as part of the Surface Coatings and
Colourants Group Standard.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
Yes, as the paint has non-compliant labelling and packaging. The supplier
must meet HSNO Act requirements, including when the items are sold
online. The supplier may also be the importer, in which case it must
comply with HSNO Act requirements for importers.
Does it impact
public health? No.
Conclusion
Lead agency EPA – as the enforcement agency for labelling and packaging controls.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 6: A leaky 9 kg LPG cylinder causes a fire
Scenario
FENZ is called to a home where a leaking 9 kg LPG cylinder caused a
fire. The fire seems to have been caused by the overfilling of the cylinder.
The cylinder was also badly corroded. The cylinder was filled recently at
the local service station.
Decision process to identify lead and support agencies
Is it an emergency? Yes, and FENZ have already been advised.
Does the HSNO Act
apply?
No – filling of LPG cylinders at a service station is regulated under HSW
HS Regulations and enforced by WorkSafe.
Conclusion
Lead agency
FENZ (emergency response)
WorkSafe
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 7: Pesticide marketed without HSNO Act approval
Scenario There is a complaint from a pesticide company about a competitor
marketing a product that does not have HSNO Act approval.
Decision process to identify lead and support agencies
Is it an emergency? No, as no hazardous substance was released or potentially accidentally
released as part of this incident.
Does the HSNO Act
apply? Yes, pesticide approvals are managed under the HSNO Act.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
Yes, as the pesticide in question potentially does not have HSNO Act
approval.
Does it impact
public health? No.
Conclusion
Lead agency EPA – as enforcer of HSNO Act requirements imposed on suppliers,
importers or manufacturers.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 8: Lack of signage where cyanide bait was laid out
Scenario
There is a complaint about the lack of adequate signage in a commercial
forest block where cyanide bait was laid. The public can access the forest
along a walking track. Cyanide is a VTA. A permission to apply the VTA
was issued by the public health HSNO enforcement officer (PHU under
MoH), specifying the number, type and location of signage required.
Decision process to identify lead and support agencies
Is it an emergency? No, as it does not relate to a release or potential accidental release of
hazardous substances. Go to next question.
Does the HSNO Act
apply?
Yes – VTAs are approved under the HSNO Act. Before applying VTAs, a
permission must be obtained under the HSNO Act. The EPA delegated
the power to issue VTA permission to PHUs which operated under the
MoH.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace?
Yes, as the commercial forest is a workplace,
WorkSafe is the lead agency, as the
requirement for signage was not complied with
in a workplace.
Go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
Does it impact
public health?
Yes, as there is public access to the property.
MoH through the relevant PHU is a lead agency also because the
application of VTA required a permission from the PHU, and there was
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 8: Lack of signage where cyanide bait was laid out
non-compliance with the signage requirements imposed under that
permission. MoH appoints HSNO enforcement officers within PHUs to
undertake HSNO enforcement work.
Conclusion
Lead agencies MoH and WorkSafe
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 9: No application made for laying out cyanide bait
Scenario
There is a complaint about the lack of adequate signage in a commercial
forest block where cyanide bait was laid. The public can access the forest
along a walking track. A VTA permission was required to be obtained from
the PHU, but no application was made.
Decision process to identify lead and support agencies
Is it an emergency? No, as it does not relate to a release or potential accidental release of
hazardous substances. Go to next question.
Does the HSNO Act
apply?
Yes – VTAs are approved under the HSNO Act. Before applying VTAs, a
permission must be obtained under the HSNO Act. The EPA delegated
the power to issue VTA permission to PHUs which operated under the
MoH.
Signage requirements are covered separately by regulation 13.19 of HSW
HS regulations and enforced by WorkSafe (breach of signage requirement
is not discussed further in this scenario).
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace?
Yes, as the commercial forest is a workplace,
WorkSafe is a lead agency, as the requirement
for signage and the restrictions on accessing the
area were not complied with in a workplace.
Go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 9: No application made for laying out cyanide bait
Does it impact
public health?
Yes, as there is public access to the property and there may be an impact
on human health.
Conclusion
Lead agencies
WorkSafe
MoH (human health impacts)
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 10: VTA applied – no permission required
Scenario
There is a complaint about the lack of adequate signage in a commercial
forest block where VTA was laid. No VTA permission was required
because of the type of VTA used. Therefore, the PHU did not issue a
permission for this operation.
Decision process to identify lead and support agencies
Is it an emergency? No, as it does not relate to a release or potential accidental release of
hazardous substances. Go to next question.
Does the HSNO Act
apply?
No – although VTAs are approved under the HSNO Act, in this case the
complaint is about lack of signage. As a permission under s95A HSNO
Act was not required, there was no signage requirement imposed on this
operation under the HSNO Act. Regulation 13.19 of the HSW HS
Regulations, which is enforced by WorkSafe, covers signage
requirements that are independent of a s95A HSNO Act permission.
Because this is a breach under a different Act, the breach of signage
requirements is not discussed further in this scenario.
Conclusion
Lead agencies WorkSafe
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 11: The police find explosives at a house
Scenario During a police search of a house, blasting explosives stored inside a
locked cabinet are found.
Decision process to identify lead and support agencies
Is it an emergency? Yes, as there is a potential for accidental release.
Does the HSNO Act
apply? Yes, blasting explosives are managed under the HSNO Act.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace? No, go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
In any other place?
Yes, a home. The potential breach is that
blasting explosives, which are Class 1
(explosives), cannot be stored at a residential
property.
Does it impact
public health? No.
Conclusion
Lead agency
FENZ (emergency response)
TA
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 11: The police find explosives at a house
Support agency NZ Defence Force and/or the police have expertise in the area of
explosives and can be asked to help.
Additional
information
WorkSafe may have further interest in how the person accessed the
explosives which are exclusively used for commercial purposes. These
explosives are tracked substances, with suppliers and importers required
to hold records of supply lines. Suppliers may also only supply certain
explosives to holders of a controlled substance licence. Breaches of the
legislation may go well beyond the domestic property.
NZ Police may investigate issues relating to security concerns.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 12: Person is applying temporary tattoos at a festival
Scenario
There is a complaint about a woman at a festival who is applying
temporary tattoos using black henna, which is suspected of containing
para-phenylenediamine (PPD). Note: Presume they are applying the
tattoos for commercial gain.
Decision process to identify lead and support agencies
Is it an emergency? No, as it does not involve accidental or potential accidental release of a
hazardous substance.
Does the HSNO Act
apply?
Yes, black henna may contain PPD which is a hazardous substance
managed under the Cosmetic Products Group Standard (CPGS) issued
under the HSNO Act
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
Yes, as may not meet the CPGS specifications. Under the CPGS, PPD
use is restricted in temporary black henna tattoos.
While this happened in a workplace, WorkSafe is not a HSNO
enforcement agency because this does not raise issues of disposal or
ecotoxic controls. The PPD used in the tattoo ink raises concerns about
compliance with a group standard which is a matter that falls within the
EPA’s HSNO enforcement responsibility.
Does it impact
public health?
Yes, MoH may become involved as tattoos were applied to more than one
person.
Conclusion
Lead agency EPA – as enforcer of HSNO Act requirements for product content
Support agency MoH (public health)
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 13: Hazardous substances in plastic toys
Scenario
A member of the public has seen articles in the media and on the internet
that phthalates in toys have been banned in other countries, and is
concerned that the plastic toys their children have might be a risk to their
health.
Decision process to identify lead and support agencies
Is it an emergency? No, as it does not involve accidental or potential accidental release of a
hazardous substance.
Does the HSNO Act
apply?
No – toys are not regarded as hazardous substances as they are a
manufactured product, and therefore they are not covered by the HSNO
Act. Refer the person to Consumer Affairs at the Ministry of Business,
Innovation and Employment.
Conclusion
Lead agency Consumer Affairs within MBIE
Supporting agency MoH (advice on public health risks)
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 14: A person is storing petrol in their garage
Scenario A home owner is found storing 100 litres of petrol in their garage, with no
HSNO certificate.
Decision process to identify lead and support agencies
Is it an emergency?
No, as there is no release of the hazardous substance.
FENZ may attend if they are notified that the containers are in an unsafe
condition or there are fumes in the garage.
Does the HSNO Act
apply?
Yes, the substance involved (petrol) is managed under the HSNO Act
under the HPC Notice.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace? No, go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
In any other place?
Yes, a home. The potential breach is that the
quantity of petrol exceeds the limit stated in
Clauses 17 and Schedule 3 of the HPC Notice,
which is 50 litres.
Does it impact
public health? No.
Conclusion
Lead agency
FENZ (emergency response)
Territorial authority
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 15: LPG cylinders are installed at home without a gas certificate
Scenario
There is a report of a home with a homemade gas installation consisting
of three LPG cylinders (45 kg each). The three cylinders are
interconnected to a regulator that is connected to a cooker using a rubber
hose. The rubber hose enters the kitchen through an open window.
Decision process to identify lead and support agencies
Is it an emergency? Yes, FENZ will attend as there is potential for accidental release of
hazardous substances and a likelihood for injury and property damage.
Does the HSNO Act
apply? Yes, the gas installation is managed under the HSNO Act.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
Yes, WorkSafe has the responsibility to check
the gas installation for compliance with the Gas
Act 1992.
The gas supplier must also comply with the
HSW Act when supplying LPG cylinders.
Go to the next question.
In a workplace? No, go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
In any other place?
Yes, a home. The potential breach is that this
installation does not comply with the HPC
Notice that requires a compliance plaque for gas
installations between 100–300 kg.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 15: LPG cylinders are installed at home without a gas certificate
Does it impact
public health?
No.
Conclusion
Lead agency
FENZ (emergency response)
Territorial authority (cylinders only) – as the incident happened in a
residential property
WorkSafe (gas installation and connections, except cylinders)
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 16: Explosives accident
Scenario
An explosive substance (Class 1) was used to eradicate starlings on a
rural residential property, leaving thousands of birds either dead or
maimed.
Decision process to identify lead and support agencies
Is it an emergency? Yes, as there has been a report of an explosion.
Does the HSNO Act
apply? Yes, explosives are managed under the HSNO Act.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or POPs?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace? No, go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
In any other place?
Yes, a home. Explosives, which are Class 1
hazardous substances, are not permitted to be
stored at a residential property. Some types of
explosives are only allowed to be stored and
used within a workplace.
Does it impact
public health? No.
Conclusion
Lead agencies FENZ (emergency response)
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
42
Example 16: Explosives accident
Territorial authority – as the explosives were stored and used in a
residential property.
Support agencies NZ Defence Force and/or the police have expertise in the area of
explosives and can be asked to help.
Additional
information
WorkSafe may have further interest in how the person gained access to
the explosives which are almost exclusively used for commercial
purposes. These explosives are tracked substances, with suppliers and
importers required to hold records of supply lines. Suppliers may also only
supply certain explosives to holders of a controlled substance licence.
Breaches of the legislation (including HSW Act) may go well beyond the
domestic property.
MPI or the SPCA may investigate the impact of explosives use on the
birds.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 17: Weed killer is sprayed onto a neighbour’s lawn
Scenario
A complaint received from a member of the public after their neighbour
hand sprayed weed killer on the lawn. The complainant advised the spray
drift killed some of their plants.
Decision process to identify lead and support agencies
Is it an emergency? No, as it relates to an event that has already happened. Go to next
question.
Does the HSNO Act
apply?
No – while weed killers are approved under the HSNO Act, there is no
specific breach of any HSNO Act controls in this case.
Matters relevant to spray drift are regulated under the RMA and fall within
the jurisdiction of the TA or the RC. In this case, the TA or the RC will
handle the matter under the RMA.
Conclusion
Lead agencies Territorial authority or Regional council
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 18: Spray use killing bees
Scenario A bee owner notified authorities they noticed dead bees after his
neighbours sprayed their kiwifruit orchard on a neighbouring property.
Decision process to identify lead and support agencies
Is it an emergency? No, as it relates to an event that has already happened. Go to next
question.
Does the HSNO Act
apply?
Yes, the substance, a pesticide, is a hazardous substance toxic to the
environment (ecotoxic); there may have been restrictions on applying the
substance while bees were foraging (HPC Notice clause 58).
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or
persistent organic
pollutants (POPs)?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace?
Yes, the kiwifruit orchard is a workplace, so
WorkSafe is a lead enforcement agency for the
ecotoxic controls.
Answer the next questions as well, to identify if
there are any other lead agencies.
Go to the next question.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
In any other place?
Yes, the home of the bee owner (the
complainant), so the Territorial authority where
the home is located is a support agency.
Does it impact
public health? No, MoH is not involved as there was no human exposure.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 18: Spray use killing bees
Conclusion
Lead agencies WorkSafe
Support agency Territorial authority – with respect to the bee owner’s home.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 19: Leaky container on a boat
Scenario
The master of a foreign-flagged commercial ship having docked in a NZ
port reports that a shipping container carried on board is leaking a
suspicious substance.
Decision process to identify lead and support agencies
Is it an emergency? Yes, FENZ will attend and manage all aspects of this, but may require
MNZ staff to help.
Does the HSNO Act
apply? Yes, the substance is a hazardous substance.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or
persistent organic
pollutants (POPs)?
No, go to the next question.
Where did the
incident happen? On a ship?
Yes, MNZ staff may be required to help FENZ
during the emergency response phase, and
once the incident is deemed safe by FENZ they
will hand it over to MNZ.
Answer the next questions as well, to identify if
there are any other lead agencies.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace?
Yes, the ship is a workplace, so MNZ, as a
designated agency for WorkSafe under the
HSW Act, is a lead enforcement agency.
Answer the next questions as well, to identify if
there are any other lead agencies.
On a road, a rail
network, in a vehicle or
a train?
No, go to the next question.
In any other place? No.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 19: Leaky container on a boat
Does it impact
public health? No, the Ministry of Health is concerned with human health issues.
Conclusion
Lead agency
FENZ (emergency response)
MNZ
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 20: Leaky LPG container on a ferry
Scenario
The smell of LPG on the vehicle deck of a roll-on roll-off (Ro-Ro) ferry
alerted the crew to the potential danger on board. The leak clearly came
from one of eight 25,000 litre intermodal ISO tank containers on rail
wagons, staff could not locate the exact source of the leak.
Decision process to identify lead and support agencies
Is it an emergency? Yes, FENZ will attend once the ferry is in port. FENZ may require MNZ
staff to help.
Does the HSNO Act
apply? Yes, the substance is a hazardous substance.
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or
persistent organic
pollutants (POPs)?
No, go to the next question.
Where did the
incident happen? On a ship?
Yes, MNZ is one of the enforcement agencies
involved.
Answer the next questions as well, to identify if
there are any other lead agencies.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace?
Yes, the ship is a workplace, so MNZ, as a
designated agency for WorkSafe under the
HSW Act, is a lead enforcement agency.
Answer the next questions as well, to identify if
there are any other lead agencies.
On a road, a rail
network, in a vehicle or
a train?
Yes, as it is on a train - NZTA Rail Safety team
opened an investigation.
In any other place?
As the ferry will berth in a port, the Port
Authority must ensure the safe management of
the ship.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 20: Leaky LPG container on a ferry
Does it impact
public health? No, the Ministry of Health is concerned with human health issues.
Conclusion
Lead agency
FENZ (emergency response once in port)
MNZ (ferry)
NZTA (rail)
Support agencies
These are support agencies with respect to non-HSNO Act matters:
Port Authority (safe management of ship once in port)
NZ Police (establishing safe are around rail yards)
WorkSafe (investigated incident)
The owner of the LPG tank was notified, and was able to provide technical
advice and assistance with the LPG tanks.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 21: Leaky container of acid at railway freight depot
Scenario
At a railway freight depot, a 20-litre container of strong acid (Class 8 –
Corrosives) has been found crushed and punctured as a result of rough
handling during loading onto a truck from a railway wagon.
In addition to the acid, a substantial quantity of food items were also
loaded onto the same truck for delivery (to save journey time).
Decision process to identify lead and support agencies
Is it an emergency? Yes, and FENZ have already been advised.
Does the HSNO Act
apply? Yes, the substance, is a hazardous substance Class 8 acid
Does it relate to the
import or
manufacture of
hazardous
substances without
approval,
inadequate
packaging, labelling
or safety data
sheets; or
persistent organic
pollutants (POPs)?
No, go to the next question.
Where did the
incident happen? On a ship? No, go to the next question.
On an aircraft? No, go to the next question.
In a gas distribution
system, gas installation
or appliance?
No, go to the next question.
In a workplace? Yes, the railway freight loading depot is a
workplace.
On a road, a rail
network, in a vehicle or
a train?
Yes, incident occurred at a railway freight
loading depot and involved a truck.
In any other place? No, go to the next question.
Does it impact
public health?
No, MoH may become involved in identifying and responding to public
health risks from potential contamination of food items; however, unlikely
to have wider public health implications as no public access to items (due
to location and delivery status).
Conclusion
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
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Example 21: Leaky container of acid at railway freight depot
Lead agencies
New Zealand Police – Dangerous Goods Enforcement Officers
responsible for investigating into the incident, including exercising powers
under sections 129, 130 and 131 of the Land Transport Act 1998 to
inspect vehicle and premises in relation to dangerous goods.
Support agency
FENZ – responding to emergency and making location safe.
WorkSafe – consulted as incident occurred in a workplace (consistent with
MOU between WorkSafe and Police regarding CVST inspectorate
functions under the HSW Act).
MoH – consulted on appropriate actions in relation to possible
contamination of food items.
Roles and responsibilities: Hazardous substance enforcement under the HSNO Act 1996 | April 2020
52
Acknowledgement
The EPA acknowledges and thanks the following organisations for providing their feedback
on this document:
Ministry of Health Manatū Hauora
Waka Kotahi New Zealand Transport Agency
Maritime New Zealand | Nō te rere moana Aotearoa
New Zealand Police Nga Pirihimana O Aotearoa
Fire and Emergency NZ Whakaratonga Iwi
Civil Aviation Authority of New Zealand | Te Mana Rererangi Tūmatanui o Aotearoa
WorkSafe New Zealand Mahi Haumaru Aotearoa
Selwyn District Council Te Kaunihera ā-Rohe o Waikirikiri
Dunedin City Council Kaunihera ā rohe o Ōtepoti
Carterton District Council Te Kaunihera ā rohe o Taratahi.
Disclaimer
All reasonable effort has been made to
ensure that the information provided in
this publication is accurate, up to date,
and otherwise adequate in all respects.
Nevertheless, this information is made
available strictly on the basis that the
Environmental Protection Authority
disclaims any and all responsibility for
any inaccuracy, error, omission,
lateness, deficiency or flaw in, or in
relation to, the information; and fully
excludes any and all liability of any kind
to any person or entity that chooses to
rely upon the information.
© Copyright Environmental Protection
Authority 2020
This work is licensed under the Creative
Commons Attribution-ShareAlike 4.0
International licence.
Further information
More detailed information is available on our website at
www.epa.govt.nz or by contacting us directly.
info@epa.govt.nz
Phone
+64 4 916 2426
Postal address
Environmental Protection Authority
Private Bag 63002
Wellington 6140
New Zealand
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Grant Thornton House
215 Lambton Quay
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New Zealand