Basic information
Outline of the system
Imports of ozone depleting substances and specified synthetic greenhouse gases controlled under the Ozone Layer Protection Act and Regulations 1996 require consent from the Environmental Protection Authority (EPA). How consent is obtained depends on the substance and/or intended use.
Product coverage
Imports of ozone depleting substances controlled under the Ozone Layer Protection Act and Regulations 1996 and some goods also so controlled.
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 purpose is to help protect human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer by phasing out ozone depleting substances as soon as possible except for essential uses and giving effect to New Zealand's obligations under the Vienna Convention and the Montreal Protocol.
Questions for products under restriction as to the quantity or value of imports
Please see Answers 6.1-6.11.
The system applies to products originating from which country?
The system applies to goods originating in and coming from countries who are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer and its various amendments.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The Ozone Layer Protection Act 1996, and the Ozone Layer Protection Regulations 1996, implement our obligations under the Vienna Convention and the Montreal Protocol. Controlled ozone depleting substances and products containing ozone depleting substances are listed in the Regulations and restrictions on these are also in the Regulations. A 2019 amendment to the Regulations extended coverage to hydrofluorocarbons (HFC) that are subject to the Kigali Amendment to the Montreal Protocol. From 1 January 2020 a permit from the EPA is required before bulk HFC can be imported, exported or transhipped, into or through into New Zealand.
The Act:
http://www.legislation.govt.nz/act/public/1996/0040/latest/DLM391469.htm...
The Regulations:
http://www.legislation.govt.nz/regulation/public/1996/0222/latest/DLM217...
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?
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?
Only those with eligibility can apply for permits for HFCs from the grandparented pool. All persons, firms and institutions are eligible to apply for HFCs from the special pool.
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?
Requirements are set out in the Regulations and published on the website.
Regulations- http://www.legislation.govt.nz/regulation/public/1996/0222/latest/DLM217...
Website giving requirements and application forms for hydrofluorocarbons (HFCs):
https://www.epa.govt.nz/industry-areas/hazardous-substances/hfcs/types-o...
Website giving requirements and application forms for methyl bromide and other ozone depleting substances (other than HFCs):
https://www.epa.govt.nz/industry-areas/hazardous-substances/ozone-deplet...
What documents is the importer required to supply with the application?
Documents the importer is required to supply vary with the substance to be imported.
Window of submission of an application
How far in advance of importation must application for a licence be made?
No set time limit, depends on timing of commercial arrangements.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No, except for HFC permits. Applications for permits for the following year close 1 July for the special pool and 1 September for the grandparented pool.
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
No ability to fast track a licence but import exemptions for e.g. inadvertency can be applied for up to 10 days after arrival.
Which administrative body is responsible for approving application of licences?
Yes - one single administrative organisation, 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, depending on the substance, determined on a case by case basis.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No.
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?
If so, to what bodies and under what procedures?
Appeal against an adverse decision is possible to the High Court.
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?
Letter from the Environmental Protection Authority containing a permit number.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The New Zealand Emissions trading scheme was created through the Climate Change Response Act 2002 (the Act). The Act was passed in recognition of New Zealand's obligations under the Kyoto Protocol. It is the primary method for the New Zealand Government to achieve its long-term commitment to reduce our greenhouse gas emissions.
'Emissions trading' is a market-based approach for reducing emissions of greenhouse gases. The ETS puts a price on emissions, by charging certain sectors of the economy for the greenhouse gases they emit. On an annual basis these sectors must calculate their emissions by submitting an emissions return.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of a licence is either a calendar year or up to twelve months depending on the substance to be imported.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Yes, permits can be cancelled for non-use.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
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?
Is foreign exchange always available to cover licences issued?
What formalities must be fulfilled for obtaining the foreign exchange?
The following questions are only for products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally)
Where is information on allocation and formalities for licences published? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Information on formalities of filing applications for licences is published on the Environmental Protection Authority website:
https://www.epa.govt.nz/industry-areas/hazardous-substances/ozone-deplet...
Is the size of the quota determined: on yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for a fresh licence on a six-monthly or quarterly basis?
A quota system took effect from 1 January 2020 for imports for domestic use of bulk, new hydrofluorocarbons controlled by the Kigali Amendment to the Montreal Protocol. The regulations concerning permitting processes came into effect on 18 February 2019 so that permits could be issued before 1 January 2020.
The quota is in two pools and the size of these for each is prescribed in the Regulations. The total available for allocation enables New Zealand to comply with the phase-down required by the Kigali Amendment. The first pool, grandparented, is reserved for those holding eligibility. Eligibility is based on the proportion of New Zealand imports that the importer imported between January 2015 and December 2017 and the grandparented pool is allocated in the same proportions. A special pool is also available and allocation is made once a year for the following year's allocation of this pool. Permits for the grandparented pool are for a calendar year and these are issued prior to the beginning of the year; applications close on 1 September for the following year. Applications for the special pool close 1 July.
Permits issued are issued at the beginning of the year; applications close on 1 September and permits are valid from 1 January the following year. Applications for the special pool close on 1 July; special permits issued are valid from 1 January the following year and may be for the duration of one to three calendar years.
Are licences allocated for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate)
No.
From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
The grandparented pool is open to applications any time before 1 September for the following year and the special pool is open for applications up to 1 July for the following year. Applications for special permits are all processed concurrently after the closing date for applications.
What are the minimum and maximum lengths of time for processing applications?
The EPA has 40 working days in which to request further information if required. If all information is present and correct permits can be issued in a shorter time frame after the closing of applications.
How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Permits can be used to import on the same day as issue other than permits for new, bulk HFCs. These HFC permits are valid from 1 January for each year.
Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Yes – one single administrative organisation, the Environmental Protection Authority.
If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Not applicable except for HFCs. The grandparented pool was allocated in proportion to each importer's imports of HFCs for the 2015, 2016 and 2017 calendar years. The special pool if allocated is allocated according to the energy efficiency and environmental advantages of the HFC's use, the possibility of adverse economic and social impacts if the application is refused, and the quantity of HFCs available for import in the pool.
In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Yes, import licenses are required, they are not issued automatically.
In cases where imports are allocated on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Not applicable.
Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
No.