Basic information
Outline of the system
The import and export of marine mammals (including marine mammal products) is governed by both CITES and the Marine Mammals Protection Act 1978 (sections 4(2), (5), and (6)). A permit is required to hold any marine mammal (or marine mammal product) except in the circumstances set out in section 4(5) Marine Mammals Protection Act (MMPA), and any institution or individual wishing to export or import such material must apply for a permit from the Department of Conservation to do so. The Marine Mammals Protection Act specifies particular aspects that must be considered when assessing an application for such a permit, which include:
- The need to conserve, protect, or manage any marine mammal;
- Any international agreement to which New Zealand is a party;
- Any submissions received.
Product coverage
Permits to import / export issued under the Marine Mammals Protection Act include all live or dead marine mammals, and all marine mammal products (with the exception of marine mammal material being an ornament or an item for personal use or adornment made wholly or principally from any part or parts of a marine mammal, if the marine mammal product accompanies that person from or into New Zealand or comprises part of that person's belongings and was in existence in a similar form as at the commencement of this Act) (see s.4(5) MMPA).
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
A function of the Department of Conservation, under the MMPA, is to protect, conserve and manage marine mammals in New Zealand and in New Zealand fisheries waters. The most effective way to manage and minimise human impact on marine mammals is through a permitting system. New Zealand has no specific quantity or value limits on the import / export of marine mammal material.
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?
Marine Mammals Protection Act 1978.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation would require amending to remove the requirement for import/export permits.
Is it possible for the government to abolish the system without legislative approval?
It is not possible 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?
Not applicable.
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply if they meet the criteria specified in the Marine Mammals Protection Act.
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 applicant is required to provide the following:
(a) The full name and address of the applicant, whether or not the applicant is a New Zealand citizen, and details of such qualifications and experience as the applicant considers will assist the Minister in his consideration of the application;
(b) In the case of an intended research project, a full description of the project or programme in which the marine mammal to be taken will be used, a complete list of the sponsors or co-operating institutions concerned with the project, and the names and qualifications of any scientists involved;
(c) Where the marine mammal is for display or zoological purposes, details relating to the facilities where the mammal taken will be held or displayed or, if a certificate has been issued in respect of any zoological garden pursuant to regulations made under section 25 of the Animals Act 1967, details of the certificate;
(d) Where a marine mammal is to be captured, the number of persons to be involved, the population or area from which it is proposed to take the mammal, and details of the proposed methods of capture and transportation.
Sample form: https://www.doc.govt.nz/globalassets/documents/about-doc/concessions-and...
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?
At least 12 weeks is the minimum preferable.
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?
No.
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?
Applications can be dealt with under delegated authority from the Minister of Conservation by the Department of Conservation's staff.
Must the applications be passed on to other organs for visa, note or approval?
DOC is the administering authority, but permit applications may require a statutory process of public consultation (28 days). Permit applications that relate to an emergency situation or to the taking of any marine mammal solely for the purposes of research may not require public consultation (at the discretion of the Minister) – see section 5(6) MMPA.
Are there any other conditions attached to the issue of a licence?
Conditions may be prescribed as per section 7 of the Marine Mammals Protection Act.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Permit processing fees are applicable
What is the amount of the fee or charge?
Permit processing fees vary among applications according to the work involved in permit processing, and whether the application would require gazettal. General power to charge fees given under section 60A-C Conservation Act.
Is there any deposit or advance payment required associated with the issue of licences?
On receipt of a permit application, DOC provides an estimate of the cost of permit processing to the applicant, and requires a lodging fee/deposit prior to initiating processing. DOC is able to waive the fees under certain circumstances.
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 circumstances where a permit may be declined other than the criteria specified in the Marine Mammals Protection Act.
Are the reasons for any refusal given to applicants?
Yes, reasons for refusal are given to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants have no right of appeal (see section 6 MMPA) but could apply for judicial review if administrative law failure present.
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?
No.
What documents are required upon actual importation?
CITES documentation and Marine Mammals Protection Act permit.
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?
Varies among permits, and may be varied by permit amendment. A permit may be extended by application to do so being granted by the Minister's delegate.
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?
Permits may be transferred to another person with the prior consent of the Minister after an appropriate application. Such transfers are likely to be subject to conditions.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.