Basic information
Outline of the system
New Zealand regulates trade in psychoactive substances (that are otherwise unregulated) under the Psychoactive Substances Act 2013 (the Act). The purpose of the Act is to regulate the availability of psychoactive substances in New Zealand to protect the health of, and minimise harm to, individuals who use psychoactive substances. For the purposes of the Act, a psychoactive substance is something that produces a psychoactive effect in an individual such as a high, euphoria, visions or changes to a person's mood, when taken. The definition of a psychoactive substance includes the finished product. The Act does not control precursor substances. The New Zealand legislation to regulate rather than prohibit psychoactive substances is a world first.
An importer must hold a licence to import psychoactive substances. Licences to import are issued and authorised by the Psychoactive Substances Regulatory Authority (the Authority), which is part of the Ministry of Health. New Zealand does not require individual imports to be licensed, but each import must be notified to the Psychoactive Substances Regulatory Authority before arriving in New Zealand. The Authority does not issue licences to export but psychoactive substances can only be exported by a person who holds a licence to import, manufacture, research or sell approved or unapproved psychoactive substances. Individual exports must be notified to the Authority beforehand.
Product coverage
The licensing regime applies to the importer of any substance that may be used for a psychoactive effect, unless it is already regulated under another enactment.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
New Zealand regulates trade in novel psychoactive substances (that are otherwise unregulated) under the Psychoactive Substances Act 2013. An importer must hold a license to import psychoactive substances. New Zealand does not require individual imports to be licensed, but each import must be notified to the Psychoactive Substances Regulatory Authority before arriving in New Zealand.
Products under restriction as to the quantity or value of imports
Licensing is intended to ensure that psychoactive substances are only imported by persons with lawful reason to do so. The system is intended to reduce risks to the public by removing untested and potentially harmful products from being sold and introducing a pre-market approval scheme with testing requirements and retail restrictions for low-risk psychoactive substances. A restriction on using trials that involve animal testing to support a product approval application was introduced when the Act was amended in May 2014, this restriction has resulted in no products being approved under the Act.
Questions for products under restriction as to the quantity or value of imports
Not applicable, there are no quantity restrictions on imports.
The system applies to products originating from which country?
The system applies to goods originating in, and arriving from, all countries.
Expected duration of licensing procedure
The Act came into effect on 18 July 2013. Regulations to give full effect to the regulatory regime are not yet complete. Until the regulations come into effect in early 2014, there is an interim licensing regime, under which persons who were engaged in importing prior to the Act coming into force, may continue to do so.
Legal requirements
Is the licensing statutorily required?
Licences are required by and issued under the Act. The licensing provisions are set out in Part 2 of the Act.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The Act applies to all substances capable of inducing a psychoactive effect in a person, except substances already regulated such as alcohol, medicines, and foods.
Is it possible for the government to abolish the system without legislative approval?
It is not possible for the government (or 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?
Any person (including bodies corporate) can apply for a licence to import.
Is there a registration fee?
The application fee is $NZ2500 with an annual licensing levy of $NZ7,500.
Is there a published list of authorized importers?
Licensed importers are listed on the New Zealand Ministry of Health's website at https://www.health.govt.nz/our-work/regulation-health-and-disability-sys....
Contact point for information on eligibility
Ministry/Authority
Psychoactive Substances Regulatory Authority
Address
PO Box 5013, Wellington 6145, New Zealand
Telephone
+64 4 496 2000
Fax
Contact officer
Dr. Donald Hannah
Submission of an application
Administrative body(ies) for submission of an application
Psychoactive Substances Regulatory Authority
Documentation requirements
What information is required in applications?
A copy of the licence application form can be found here: https://www.health.govt.nz/our-work/regulation-health-and-disability-sys....
What documents is the importer required to supply with the application?
To support the application, an applicant must provide:
- NZ Police vet request and consent form. The NZ Police vet and Australian History check form can be found in "Forms and Guides" at http://www.police.govt.nz/advice/businesses-and-organisations/vetting/fo...
- Copies of two forms of identification that have been witnessed and signed by a trusted referee
- Referee's contact details.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Licences must be held in advance of importation, and the importation must be notified to the Authority before imports arrive in New Zealand.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
To obtain an import licence, a person must submit an application in the prescribed manner. There are no limitations as to the period of the year during which application for importation of a consignment may be made.
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
Licences must be held in advance of importation, and the importation must be notified to the OPSR before imports arrive in New Zealand.
Which administrative body is responsible for approving application of licences?
Licences are issued by the Authority. The Authority must be notified of individual shipments before they arrive in New Zealand. The Authority notifies the New Zealand Customs Service when informed of an import.
Must the applications be passed on to other organs for visa, note or approval?
The importer only has to approach the Authority.
Are there any other conditions attached to the issue of a licence?
Section 17 of the Act places compulsory conditions on licences. For licences to import, these conditions are:
• before each importation of a psychoactive substance by the licence holder:-
o advise the Authority of the importation; and
o provide to the Authority particulars of-
the name and quantity of the psychoactive substance to be imported; and
the intended date of the importation.
• every licence that the licence holder must-
o keep, in a secure place at the licence holder's place of business, any records required to be kept by the licence holder by the regulations; and
o retain those records for the period of time prescribed in the regulations.
• It is a condition of every licence that the licence holder must, before each exportation of a psychoactive substance by the licence holder:-
o advise the Authority of the exportation; and
o provide to the Authority particulars of-
the name and quantity of the psychoactive substance to be exported; and
the intended date of the exportation.
Under section 18 of the Act, the Authority may, when granting a licence, impose any other conditions on the licence in addition to a relevant condition specified in section 17 that the Authority thinks fit.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
The application fee for a licence to import is $NZ2500 with an annual licensing levy of $NZ7500. There is no charge for individual import clearance.
What is the amount of the fee or charge?
The application fee for a licence to import is $NZ2500 with an annual licensing levy of $NZ7500. There is no charge for individual import clearance.
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?
Licences may be refused if the application is incomplete or misleading, or if the applicant is not a fit and proper person to hold a licence. Consideration of whether a person is fit and proper includes consideration of previous non-compliance, or likely future non-compliance, and relevant criminal history.
Are the reasons for any refusal given to applicants?
If the Authority proposes to refuse a licence it must inform the applicant of the reasons for the proposed refusal and provide a reasonable opportunity to respond.
Have applicants a right of appeal in the event of refusal to issue a licence?
Yes.
If so, to what bodies and under what procedures?
The applicant may appeal to the Psychoactive Substances Appeals Committee established under section 45 of the Act. Appeals are by way of rehearing.
Importation
Are there any limitations as to the period of year during which importation may be made?
To obtain an interim import licence, a person must have applied for a licence within 28 days of the Act commencing. To obtain a full import licence, a person must submit an application in the prescribed manner after the fees and levies regulations come into force. There are no limitations as to the period of the year during which application for importation of a consignment may be made.
What documents are required upon actual importation?
Only the standard Customs clearance documentation is required.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licences are normally valid for three years but may be renewed by submitting a new licence application to the Authority prior to expiry.
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.
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.