Outline of the system
Imports of asbestos-containing products under the Imports and Exports (Asbestos-containing Products) Prohibition Order 2016 require consent (in the form of a permit) from the Environmental Protection Authority. A permit is obtained through meeting the requirements of the Order.
Nature of licensing
If Automatic, administrative purpose
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The purpose is to limit the import of asbestos-containing products to reduce the risk to people of exposure to asbestos.
Questions for products under restriction as to the quantity or value of imports
The system applies to products originating from which country?
The system applies to goods originating in and coming from any country. Manufacturing products from asbestos is not undertaken in New Zealand as asbestos itself is not approved for use.
Expected duration of licensing procedure
Is the licensing statutorily required?
Imports and Exports (Restrictions) Act 1988, Imports and Exports (Asbestos-containing Products) Prohibition Order 2016.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion. It includes all asbestos-containing products.
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government (or the executive branch) 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.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Submission of an application
Administrative body(ies) for submission of an application
What information is required in applications?
The application form for an import permit is provided on the EPA website:
What documents is the importer required to supply with the application?
Documents the importer is required to supply with the application include information on how the importer will manage the risk of exposure from the asbestos-containing product.
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
Issuing the license
Can a licence be granted immediately on request?
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
No set time limit depends on timing of commercial arrangements. No ability to fast track a licence.
Which administrative body is responsible for approving application of licences?
Yes - one single administrative organ (the Environmental Protection Authority).
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?
Yes, determined on a case-by-case basis.
See 3BB of the Imports and Exports (Restrictions) Act 1988 for the matters on which the EPA may impose conditions to address.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
An application fee/assessment fee
What is the amount of the fee or charge?
An application fee of $650 is payable when the application is lodged. If the total number of hours worked on the application exceeds 2.5 hours, then an assessment fee of $116 for each hour worked over the 2.5 can be charged.
Is there any deposit or advance payment required associated with the issue of licences?
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?
The ability for the EPA to refuse to issue a permit is set under 3BC of the Imports and Exports (Restrictions) Act 1988. The EPA can refuse to grant a permit if the Authority is satisfied that:
(a) The person who applied for the permit has been convicted of an offence against this Act or an offence involving a convention chemical or waste; or
(b) The information provided by the person to the Authority is incorrect
Are the reasons for any refusal given to applicants?
No additional reasons as to why a request would be refused.
Have applicants a right of appeal in the event of refusal to issue a licence?
Judicial review of a decision is the only course of appeal.
If so, to what bodies and under what procedures?
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
A numbered permit issued by the Environmental Protection Authority containing details of the import.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of a license is up to twelve months.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Foreign exchange is readily accessed through banks.
Is a licence required as a condition to obtaining foreign exchange?
There is no condition in the permit relating to foreign exchange.