Basic information
Outline of the system
The Hazardous Substances and New Organisms (HSNO) Act 1996 was enacted to provide a comprehensive health, safety and environmental regulatory framework covering explosives, flammable, oxidising and corrosive substances, as well as those that are toxic to people and the environment. The purpose of the HSNO Act is: "to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms".
Product coverage
Some graphic materials have been found to contain high concentrations of toxic elements and their compounds. The Graphic Materials Group Standard covers a number of different products, but crayons, finger paints and children's watercolour paints, specifically manufactured for use by children require evidence of compliance with the group standard for import into or manufacture in New Zealand.
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
Young children are at greater risk of poisoning through ingestion of hazardous substances that may be contained in such products. These requirements on the importation of graphic materials are in place to reduce the risk of poisoning of young children.
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?
Under the Hazardous Substances and New Organisms (HSNO) Act 1996, the Graphic Materials Group Standard 2020 was issued to reduce the risk of poisoning of young children. The Environmental Protection Authority has adopted the limits that were specified in the old Toxic Substances Regulations. The Group Standard regulates the maximum permissible levels of elements in imported and locally made graphic materials. Since June 2009, it has been an offence to import or manufacture graphic materials intended for use by children if they exceed the maximum permissible metal limits set in the Group Standard.
The import clearance under the Graphic Materials Group Standard is given by the EPA . Until 2017, it was given by the Medical Officer 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?
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 an application is a completed application form and evidence that imported graphic materials intended for use by children meet the maximum permissible metal limits set in the Group Standard. This may take the form of analytical results from New Zealand laboratories accredited by International Accreditation New Zealand (IANZ) or from overseas laboratories that are accredited by a body recognised by IANZ.
What documents is the importer required to supply with the application?
The information required for an application is a completed application form and evidence that imported or manufactured graphic materials intended for use by children do not exceed the maximum permissible metal limits set in the Group Standard. This may take the form of analytical results from New Zealand laboratories accredited by International Accreditation New Zealand (IANZ) or from overseas laboratories that are accredited by a body recognised by IANZ. The documentation required is outlined in the application form:
https://www.epa.govt.nz/assets/Uploads/Documents/Hazardous-Substances/Fo...
https://www.epa.govt.nz/industry-areas/hazardous-substances/making-an-ap...
Window of submission of an application
How far in advance of importation must application for a licence be made?
Clearances of imported graphic materials for use by children are managed by the EPA. Applications for the assessment of evidence of compliance with the Graphic Materials Group Standard are sent to the EPA on the appropriate form. The written approval of the EPA is required before goods are imported into New Zealand. Importers or manufacturers are responsible to ensure that graphic materials are tested for element levels by an accredited laboratory. In New Zealand, laboratories are accredited by International Accreditation New Zealand (IANZ) who can provide contact details of accredited laboratories. Products being imported into New Zealand may be tested by overseas laboratories that are accredited by a body recognised by IANZ.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which application for licence and/or importation may be made, other than applications generally being required to be submitted during normal business hours. Applicants should allow 10 working days for an application to be reviewed after all information has been received.
Issuing the license
Can a licence be granted immediately on request?
No. Approval for clearance can be provided once the EPA is provided with evidence that imported graphic materials intended for use by children do not exceed the maximum permissible element limits set in the Group Standard.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Goods that arrive without approval will be held at the border until the EPA has issued a clearance letter for NZ Customs.
Which administrative body is responsible for approving application of licences?
Consideration of licence applications is effected by a single administrative organ, the EPA.
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?
Not applicable – the clearance letter will not be issued until evidence is provided that imported graphic materials intended for use by children are in compliance with the requirements of the Graphic Materials Group Standard.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
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?
No additional reasons as to why a request would be refused.
Are the reasons for any refusal given to applicants?
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?
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which application for licence and/or importation may be made, other than applications generally being required to be submitted during normal business hours.
What documents are required upon actual importation?
To import graphic materials intended for use by children, importers must present NZ Customs with a clearance letter from the EPA containing a Customs clearance code specific to that consignment.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of a clearance code is for the specific consignment that has been approved.
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 as the approval is specific for each consignment.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.