Plain Language Act 2022

1: Title
This Act is the Plain Language Act 2022.
2: Commencement
This Act comes into force 6 months after Royal assent.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to improve the effectiveness and accountability of public service agencies and Crown agents, and to improve the accessibility of certain documents that they make available to the public, by providing for those documents to use language that is—
a: appropriate to the intended audience; and
b: clear, concise, and well organised.
4: Interpretation
In this Act, unless the context otherwise requires,— Commissioner section 42 Crown agent Part 1 Minister plain language section 5 public public service agency section 10(a) relevant document section 6 reporting agency
5: What is plain language
In this Act, plain language
a: appropriate to the intended audience; and
b: clear, concise, and well organised.
6: What documents must use plain language
1: In this Act, a document for which a reporting agency is responsible is a relevant document
a: the document is in English (but see section 15
b: the agency considers that the intended audience for the document is the public generally (rather than 1 or more particular persons); and
c: the document—
i: provides information about what services are provided by, or on behalf of, a reporting agency or information about how to obtain those services (including any document that is necessary to obtain any of those services); or
ii: provides information about filing, registering, or lodging information with, or giving information to, a reporting agency; or
iii: explains to the public how to comply with a requirement that a reporting agency administers or enforces; or
iv: provides information to the public about a requirement that a reporting agency administers or enforces that may affect their rights or interests; or
v: provides information as part of a public education initiative. Examples
Document in respect of which plain language duty applies A department publishes on its Internet site a guide to the services it provides (including how to apply for those services). The intended audience is the public generally. The guide is a relevant document. The department must take reasonable steps to ensure that the document uses plain language. Document in respect of which plain language duty does not apply A member of the public ( A The email is not a relevant document. The duty under section 9
2: In this section, document
a: in a visible and tangible form and medium (for example, in print); or
b: in a visible form by electronic means (for example, a page on an Internet site).
3: Nothing in this Act prevents or restricts a reporting agency from including te reo Māori in any relevant document.
4: The following applies for the purposes of subsection (1)(b):
a: a standard form or template for a document that is intended to be sent to members of the public must be treated as being a document referred to in subsection (1)(b):
b: a document does not satisfy subsection (1)(b) only because—
i: it would be made available under the Official Information Act 1982
ii: a reporting agency proactively releases the document for the purpose of making official information available to the public.
5: If a document contains a part that meets the requirements in subsection (1) and a part that does not, section 9
7: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
8: Act binds the Crown
This Act binds the Crown.
2: Plain language requirements
9: Relevant documents to use plain language
1: A reporting agency must take reasonable steps to ensure that all relevant documents for which it is responsible use plain language.
2: That duty is,—
a: in the case of a public service agency, a duty that is owed only to the Commissioner; and
b: in the case of a Crown agent, a duty that is owed only to its responsible Minister (within the meaning of the Crown Entities Act 2004
10: Plain language guidance must be issued
1: The Commissioner must issue guidance on how reporting agencies comply with this Act.
2: Before issuing the guidance, the Commissioner must—
a: consult the persons or organisations that the Commissioner thinks appropriate; and
b: have regard to international best practice in connection with plain language writing.
3: The guidance must include guidance to support the accessibility of relevant documents (including the accessibility of those documents to people with disabilities).
4: The Commissioner must, as soon as practicable after they issue the guidance, ensure that a copy of the guidance is available free of charge on an Internet site maintained by or on behalf of the Commissioner.
11: Plain language officers
A reporting agency must appoint as plain language officers for the agency 1 or more individuals (within or outside the agency) whose responsibilities include—
a: educating agency employees regarding the requirements of this Act:
b: dealing with feedback from the public about the agency’s compliance with this Act:
c: ensuring that the agency complies with this Act.
12: Reporting agency must report to Commissioner
A reporting agency must report annually to the Commissioner on how the agency complies with this Act.
13: Commissioner must report to Minister
1: The Commissioner must report annually to the Minister on how reporting agencies have been complying with this Act.
2: The Minister must present a copy of the report to the House of Representatives within 20 working days after receiving it.
14: Act does not confer or impose legal rights or obligations
This Act does not confer a legal right or impose a legal obligation on any person that is enforceable in a court of law.
15: Other Acts not affected
This Act does not affect Te Ture mō Te Reo Māori 2016 Guidance note
See section 9


1: Title
This Act is the Biosecurity (Information for Incoming Passengers) Amendment Act 2022.
2: Commencement
1: This Act comes into force on a single date set by Order in Council.
2: If the Act has not come into force by the first anniversary of Royal assent, it comes into force then.
3: An Order in Council made under this section is secondary legislation ( see Part 3 Legislation Act 2019 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
3: Principal Act
This Act amends the Biosecurity Act 1993 principal Act 2023-10-21 Biosecurity Act 1993 Can be brought into force earlier by OiC (see section 2(1))
4: New section 17AA inserted (Information about biosecurity law for passengers on certain incoming craft)
After section 17
17AA: Information about biosecurity law for passengers on certain incoming craft
1: This section applies to a large commercial craft that is en route to New Zealand territory from a point outside New Zealand territory on a flight or voyage that is intended to include arrival in New Zealand.
2: Before the craft arrives in New Zealand, the person in charge of the craft must—
a: provide information to the craft’s passengers about the biosecurity law relevant to arrival in New Zealand, as required by regulations made under this Act; and
b: give the Director-General notice that the information has been provided, as required by the regulations (if at all).
3: Regulations may do any of the following:
a: require the information to include specified content or details:
b: require the information to be provided in a specified—
i: form or manner (for example, with translations); or
ii: medium (for example, written, audiovisual, or electronic):
c: specify criteria that a record of the information in any particular medium (for example, an audiovisual recording) must satisfy:
d: authorise the Director-General to provide a record of the information in any particular medium for use by any person under subsection (2)(a)
e: authorise the Director-General to approve a person’s record of the information in any particular medium for use by the person under subsection (2)(a)
f: specify how long before a craft’s arrival in New Zealand the information must be provided:
g: require notice to be given under subsection (2)(b)
4: In this section, large commercial craft
a: is a commercial craft as defined by section 4 of the Immigration Act 2009; and
b: has 20 or more passengers (which excludes crew) on board. Biosecurity Act 2015 s 220 (Aust)
5: Section 154N amended (Section 154N offences)
After section 154N(20) Penalty: section 157(6A)
20A: A person commits an offence against this Act who fails to comply with—
a: section 17AA
b: regulations made under section 165(1AA)
6: Section 157 amended (Penalties)
After section 157(6)
6A: Every person who commits an offence against section 154N(20A)
a: in the case of an individual person, to a fine not exceeding $1,000:
b: in the case of a corporation, to a fine not exceeding $5,000.
7: Section 165 amended (Regulations)
After section 165(1)
1AA: The Governor-General may from time to time, by Order in Council, make regulations for the purposes of section 17AA(2) and (3)


Fisheries Amendment Act 2022

1: Title
This Act is the Fisheries Amendment Act 2022.
2: Commencement
1: This Act, other than the provisions specified in subsections (2) to (4), comes into force on 1 November 2022.
2: Section 24 Schedule 3
3: Part 1
4: The following provisions come into force at the close of 30 September 2023:
a: section 4(2)
b: section 19
c: section 20 Schedule 1 clause 4 Schedule 1AA
3: Principal Act
This Act amends the Fisheries Act 1996 2022-11-01 Fisheries Act 1996 This Act, other than the provisions specified in section 2(2)-(4) comes into force 1 November 2022 2023-10-01 Fisheries Act 1996 re: section 2(4)(a)-(c) — section 4(2), section 19, section 20 and Schedule 1 (to the extent that they relate to clause 4 of Schedule 1AA)
1: Substantive provisions
4: Section 2 amended (Interpretation)
1: In section 2(1) fisheries services
e: the provision, installation, and maintenance of electronic and other equipment on fishing vessels to observe fishing and related activities, including—
i: the return, abandonment, processing, or sorting of fish:
ii: transportation connected with fishing:
iii: measures to avoid, remedy, or mitigate fishing-related mortality:
f: the submission, storage, and review of electronic and other data from activities described in paragraph (e)
2: In section 2(1) fishing year
a: in relation to green-lipped mussel in quota management area 9, rock lobster, southern scallops, Northland scallops, southern blue whiting, or any stock declared under a notice made under section 18 to have a fishing year commencing on 1 April in any year, a period of 12 months commencing on each 1 April:
5: Section 72 amended (Dumping of fish prohibited)
1: Replace section 72(1) to (4)
1: A commercial fisher must not return to or abandon in the sea or any other waters any fish or other animal that is aquatic life that is subject to the quota management system, except as provided in subsection (2) or (3)
2: A commercial fisher who takes any fish or other animal that is aquatic life subject to the quota management system must, if required by an instrument made under section 72A(2)(c)
a: immediately return it to, or abandon it in, the sea or waters from which it was taken; and
b: comply with the conditions and requirements (if any) specified in that instrument.
3: A commercial fisher who takes any fish or other animal that is aquatic life subject to the quota management system may return it to, or abandon it in, the sea or waters from which it was taken if—
a: the return is permitted by an instrument made under section 72A(2)(a) or (b)
b: they comply with the conditions and requirements (if any) specified in that instrument.
4: Every person commits an offence and is liable to the applicable penalty imposed by section 252(3A), (5)(ba), or (5A)
a: in contravention of subsection (1) section 72A(2)(c)
i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or
b: in contravention of subsection (2)(a)
i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or
c: in contravention of subsection (2)(b)
i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
ii: more than 50 fish or other animals that are aquatic life in any 24-hour period; or
d: in contravention of subsection (3)(b)
i: 50 or fewer fish or other animals that are aquatic life in any 24-hour period; or
ii: more than 50 fish or other animals that are aquatic life in any 24-hour period.
2: After section 72(5)(b)
ba: the commercial fisher believed on reasonable grounds that the return or abandonment of the fish or other animal that is aquatic life was necessary to ensure the safety of—
i: a marine mammal (as defined in section 2(1) of the Marine Mammals Protection Act 1978); or
ii: fish of the species of Chordata
iii: any other protected species specified by the Minister in an instrument made under this paragraph.
3: Replace section 72(7) and (8)
7: In proceedings for an offence relating to a contravention of subsection (4)
a: the prosecutor need not assert in the charging document that the exceptions set out in subsection (2) or (3) subsection (5)(ba)
b: the burden of proving that any of the exceptions set out in subsection (2) or (3) subsection (5)(ba)
8: An instrument made under subsection (5)(ba)(iii) see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (8). Legislation Act 2019 requirements for secondary legislation referred to in subsection (8) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
6: New section 72A inserted (Minister may require or permit fish or other animal that is aquatic life to be returned or abandoned)
After section 72
72A: Minister may require or permit fish or other animal that is aquatic life to be returned or abandoned
1: The Minister may make instruments for the purposes of section 72(2) or (3)
2: An instrument made under this section may—
a: permit a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the stock or species has an acceptable likelihood of survival if returned or abandoned in the manner specified by the instrument; or
b: permit a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the stock or species—
i: would damage other stocks or species taken by the commercial fisher if retained (for example, an ammoniating species); or
ii: is damaged as a result of unavoidable circumstances (for example, diseased or predated fish); or
c: require a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the return or abandonment is for a biological, a fisheries management, or an ecosystem purpose and the stock or species has an acceptable likelihood of survival if returned or abandoned in the manner specified by the instrument.
3: In considering the acceptable likelihood of survival of a stock or species under subsection (2)(a)
a: the sustainability of the stock or species; and
b: the method by which the stock or species is taken; and
c: the handling practices for the stock or species taken; and
d: the social, cultural, and economic factors that the Minister considers relevant.
4: The instrument may also—
a: provide that it applies to the stocks or species, or classes of stocks or species, specified in the instrument by reference to size, weight, or other physical characteristics:
b: provide that it applies in relation to—
i: the fishing methods, the use of fishing gear, or in the circumstances specified in the instrument; or
ii: the classes of fishing methods, fishing gear, or circumstances specified in the instrument:
c: impose conditions and requirements that the Minister considers appropriate.
5: An instrument made under this section may be amended, replaced, or revoked.
6: Before making, amending, replacing, or revoking an instrument under this section, the Minister must consult any persons or organisations that the Minister considers are representative of the classes of persons having an interest in the proposed action.
7: The decision to make an instrument under this section must be notified in the Gazette
8: An instrument made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (7). Legislation Act 2019 requirements for secondary legislation referred to in subsection (7) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
7: Section 113K amended (Conditions of high seas fishing permit)
Replace section 113K(1)(n)
n: the provision, installation, and maintenance of electronic and other equipment to observe any fishing and related activities described in paragraph (e)
8: Section 191 amended (Disposal of fish by commercial fishers)
Replace section 191(1)
1: No commercial fisher may sell or otherwise dispose of fish, aquatic life, or seaweed, taken by the commercial fisher in that capacity, except—
a: to a licensed fish receiver; or
b: as provided in subsection (2) or (5); or
c: by an approved alternative method of disposal in accordance with regulations made under section 297.
9: Section 192 amended (Restrictions on purchase or acquisition of fish by certain persons)
After section 192(5)(c)
d: a person using an approved method of disposal in accordance with regulations made under section 297.
10: Section 227A amended (Installation and maintenance of equipment on vessels may be required)
1: In section 227A fishing and transportation fishing and related activities described in paragraph (e)
2: In section 227A
2: Subsection (1)
11: Section 252 amended (Penalties)
1: Repeal section 252(3)(b)
2: After section 252(3)
3A: Every person convicted, whether in the same or separate proceedings, of 2 or more offences against section 72(4)(a), (b), (c), or (d)
3: After section 252(5)(b)
ba: section 72(4)(a)(ii), (b)(ii), (c)(ii), or (d)(ii)
4: After section 252(5)
5A: Every person convicted of an offence against section 72(4)(a)(i), (b)(i), (c)(i), or (d)(i)
12: Section 255A amended (Forfeiture for infringement offence)
In section 255A(1) infringement offence against this Act (other than an offence in respect of the taking or possession of fish or another animal that is aquatic life by a commercial fisher)
13: Section 255C amended (Forfeiture for section 252(2), (3), and (5) offences, offences carrying fine of $100,000, repeat offences, and serious non-commercial offences)
1: In section 255C(1)(a) section 252(2) or (3) or (5) (other than an offence referred to in section 252(5)(ba)
2: After section 255C(1)(a)
aa: on conviction for a second or subsequent offence referred to in section 252(3A)
3: In section 255C(1)(b) $100,000 (other than an offence referred to in section 252(5)(ba)
4: In section 255C(1)(d) this Act (other than an offence referred to in section 252(5)(ba) or (5A)
5: After section 255C(2)
2A: On conviction of a person for an offence referred to in section 252(5)(ba)
6: In section 255C(3) section 252(2) or (3) section 252(2), (3), (3A), or (5)(ba)
7: In section 255C(4) Subsection (2) does Subsections (2) and (2A)
14: Section 257 amended (Prohibition of fishing activity in case of reoffending)
1: In section 257(1)(b) of section 252 (other than an offence referred to in section 252(5) (ba)
2: After section 257(1)
1A: If a person is convicted of offences against section 72(4)(a), (b), (c), or (d) (3A)
a: that the person forfeit any licence, approval, permission, or fishing permit obtained under this Act; and
b: that the person be prohibited, for a period of 3 years commencing on the date of the most recent conviction, from doing any of the following:
i: holding any licence, approval, permission, or fishing permit obtained under this Act:
ii: engaging in fishing or any activity associated with the taking of fish, aquatic life, or seaweed:
iii: deriving any beneficial income from activities associated with the taking of fish, aquatic life, or seaweed.
3: In section 257(2) subsection (1) or (1A)
4: In section 257(3) subsection (1) and (1A)
15: Section 297 amended (General regulations)
1: After section 297(1)(a)(xiii)
xiv: for the purposes of section 191(1)(c)
A: authorising the chief executive to approve alternative methods of disposal of fish, aquatic life, or seaweed:
B: providing for applications to use an approved alternative method of disposal and prescribing requirements relating to applications:
C: prescribing criteria that the chief executive must take into account in considering an application:
D: prescribing requirements relating to the disposal of fish, aquatic life, or seaweed by an approved method of disposal:
E: providing for, and prescribing requirements relating to, the verification of the alternative methods of disposal of fish, aquatic life, or seaweed.
2: Replace section 297(1)(ca)
ca: prescribing requirements relating to the provision, installation, and maintenance of electronic and other equipment (including, for the avoidance of doubt, the requirement for a class of person to provide, install, or maintain the equipment) to observe any fishing and related activities described in paragraph (e)
3: Replace section 297(1)(na)
na: prescribing infringement offences against this Act by commercial fishers and other persons, including—
i: offences in respect of fishing and related activities, such as offences in respect of—
A: the taking, possession, return, abandonment, processing, or sorting of fish or other animals that are aquatic life:
B: transportation connected with fishing:
C: measures to avoid, remedy, or mitigate fishing-related mortality:
ii: offences in respect of reporting and record-keeping requirements:
4: After section 297(1)(w)
wa: authorising the Minister to set or vary management controls in respect of recreational fishing, including—
i: daily limits, maximum legal sizes, and minimum legal sizes for any stocks, species, or fisheries management areas; and
ii: conditions and requirements relating to the controls:
5: After section 297(3)
3A: If the regulations authorise the Minister under subsection (1)(wa)
a: the instrument by which that is done is secondary legislation ( see
b: the regulations must contain a statement to that effect. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation referred to in subsection (3A). Legislation Act 2019 requirements for secondary legislation referred to in subsection (3A) Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 ss 69 73 74(1)(aa) Presentation The Minister must present it to the House of Representatives, unless it is excluded by section 114(2) LA19 s 114 Disallowance It may be disallowed by the House of Representatives, unless it is excluded by section 115 LA19 ss 115 116 This note is not part of the Act.
16: New section 298A inserted (Regulations relating to demerit points)
After section 298
298A: Regulations relating to demerit points
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: authorising the Minister or the chief executive to record demerit points against any of the following persons who commit a specified infringement offence:
i: the master of a vessel:
ii: the holder of a fishing permit:
b: prescribing the number of demerit points or a graduated scale of demerit points that may be recorded for specified infringement offences (including a greater number of demerit points for committing a second or subsequent infringement offence):
c: specifying different classes of infringement offence that are liable to demerit points:
d: providing for the expiry of recorded demerit points no later than 3 years after the date on which the specified infringement offence is committed:
e: prescribing a civil penalty not exceeding $10,000, which may be a fixed amount or a graduated scale of civil penalties for different levels of recorded demerit points:
f: providing for the review of penalties imposed for recorded demerit points:
g: providing for appeals against penalties imposed for recorded demerit points:
h: providing for the review of video recordings and associated information made by equipment placed on a fishing vessel under section 227A if a specified number of demerit points is accumulated in relation to activities carried out using the vessel:
i: providing for the effective operation of the demerit point system under this section, including regulations that—
i: specify how demerit points (including accumulated demerit points) are to be recorded, including the information to be recorded in connection with the recorded demerit points:
ii: authorise the chief executive to require persons to provide that specified information:
iii: provide for the giving of notices in respect of demerit points.
2: Regulations made under this section must provide for the matters specified in subsection (1)(f) and (g)
3: This section does not limit the generality of section 297.
4: Regulations made under this section are secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
17: Section 302A repealed (
Gazette Repeal section 302A
18: Section 303 replaced (Certain secondary legislation may be consolidated)
Replace section 303
303: Certain secondary legislation or published instruments may be consolidated
Secondary legislation made by same maker and with same publishing requirements
1: The Minister or the chief executive (the maker
a: the maker has made, or may make, under a provision of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the secondary legislation; and
b: is not drafted by the PCO ( see Other instruments made by same maker and with same publishing requirements
2: The Minister or the chief executive (the maker
a: the maker has made, or may make, under any provisions of this Act, or of regulations made under this Act, by satisfying the same requirements for publishing the instruments; and
b: are not secondary legislation. Once this section is applied to specific instruments
3: The powers of the maker to amend or replace the specific instruments (whether given by a specific empowering provision, section 48 of the Legislation Act 2019, or otherwise) authorise the maker to—
a: revoke any specific instrument that has been made (a revoked instrument
b: make an instrument under any of the specific empowering provisions (the new instrument
i: has the same effect that all or part of the revoked instrument or instruments had immediately before being revoked; and
ii: otherwise has any further effect (if any) authorised by the specific empowering provisions (the new or amended parts
4: For each part of the new instrument (the replacement part revoked part
a: the replacement part must be treated as being made under the specific empowering provision under which the revoked part was made; and
b: any requirements for making the replacement part or for revoking the revoked part, other than the requirements for publication, must be treated as being satisfied to the extent that the requirements for making the revoked part were satisfied when it was made.
5: To avoid doubt,—
a: the new or amended parts of the new instrument (if any) are made under the relevant specific empowering provisions; and
b: any requirements of the relevant specific empowering provisions must be satisfied in making those parts.
6: A revoked instrument continues to have effect, as if it had not been revoked, in relation to any matter in a period to which the revoked instrument applied.
7: In this section,— instrument maker subsection (1) or (2) specific empowering provisions
a: empower the making of the specific instruments; and
b: are referred to in the subsection under which the maker applies this section to the specific instruments specific instruments
a: have been made (and are to be revoked); or
b: are able to be made.
19: Section 369S amended (Green-lipped mussel in quota management area 9 subject to quota management system)
In section 369S(2) 1 October 1 April
2: Repeal and consequential amendments
20: Schedule 1AA amended
In Schedule 1AA
a: insert the Part set out in Schedule 1
b: make all necessary consequential amendments.
21: Schedule 6 repealed
Repeal Schedule 6
22: Repeal of Fisheries Act 1983
Repeal the Fisheries Act 1983 2022-11-01 Fisheries Act 1983 re: section 2(1)
23: Consequential amendments to principal Act
Amend the principal Act as set out in Schedule 2 2022-11-01 Fisheries Act 1996 re section 2(1)
24: Fisheries (Amateur Fishing) Regulations 2013 amended
Amend the Fisheries (Amateur Fishing) Regulations 2013 Schedule 3 2022-11-28 Fisheries (Amateur Fishing) Regulations 2013 re: section 2(2) — Section 24 and Schedule 3 comes into force 28 November 2022
25: Consequential amendments to secondary legislation
Amend the secondary legislation as set out in Schedule 4 2022-11-29 Fisheries (Amateur Fishing) Regulations 2013 re: section 2(3) — Part 1 of Schedule 4 comes into force 29 November 2022 2022-11-01 Fisheries (Licensed Fish Receivers) Regulations 1997 (Part 2 of Schedule 4) re: section 2(1) 2022-11-01 Fisheries (Electronic Monitoring on Vessels) Regulations 2017 (Part 3 of Schedule 4) re: section 2(1) 2022-11-01 Fisheries (Electronic Monitoring on Vessels) Amendment Regulations 2022 (Part 4 of Schedule 4) re section 2(1)


1: Title
This Act is the Hazardous Substances and New Organisms (Hazardous Substances Assessments) Amendment Act 2022.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Hazardous Substances and New Organisms Act 1996 2022-11-01 Hazardous Substances and New Organisms Act 1996
1: Main amendments
4: New sections 20B and 20C inserted
After section 20A
20B: Publication of decisions
1: If the Authority makes a decision under Part 5 or 6A in respect of any application (including a request under section 62), the Authority must—
a: give its decision in writing, including reasons for the decision; and
b: give a copy of the decision to the applicant and every person who made a submission; and
c: give public notice of the decision as soon as practicable after the decision is made.
2: The Authority may withhold any information relating to transhipment applications from a public notice under this section if, in its opinion, the information could pose a risk to national safety and security.
20C: Reassessments work plan
1: The Authority must, within 12 months of the commencement of this section, develop a work plan that sets the priorities for reassessments of hazardous substances that are requested by the chief executive of the Authority.
2: When developing or updating a work plan, the Authority must take into account the criteria set out in section 62(2)(a) to (d)
3: The work plan must include—
a: a list of substances or groups of related chemicals or substances to be reassessed; and
b: indicative time frames for the start of work by the Authority to reassess each of the listed substances or groups.
4: The Authority must ensure that the work plan—
a: gives highest priority to the following:
i: hazardous substances that are prohibited from use under section 64:
ii: hazardous substances that are subject to restriction under section 64A
b: is made available, free of charge, on an Internet site maintained by or on behalf of the Authority; and
c: is updated no less than once each calendar year.
5: Section 28A amended (Rapid assessment for importation or manufacture of hazardous substances)
1: After section 28A(2)(a)
ab: the use of the same substance or a substance having a similar composition and similar hazardous properties has been lawfully authorised by an international regulator; or
2: After section 28A(4)
5: An applicant relying on subsection (2)(ab)
6: The Authority must not make a rapid assessment under subsection (2)(ab)
a: significant cultural, economic, environmental, ethical, health, or international effects; or
b: significant effects in an area in which the Authority lacks sufficient knowledge or expertise.
6: Section 53 amended (Applications required to be publicly notified)
Replace section 53(4)
4: The Authority must notify the Minister when it receives an application that—
a: is required to be publicly notified; or
b: the Authority decides to publicly notify.
7: New section 53AA inserted (Notification and consultation for applications under Part 5)
After section 53
53AA: Notification and consultation for applications under Part 5
1: The Authority must, when it receives an application made under a provision in Part 5, notify—
a: any department or Crown entity that, in the opinion of the Authority, is likely to have an interest in the application; and
b: if the application is an application for approval of a new organism,—
i: the Department of Conservation; and
ii: any local authority if, in the opinion of the Authority, the local authority is likely to have an interest in the application; and
c: if the application is an application for approval of a hazardous substance, WorkSafe.
2: Subsections (3) to (6) 63D
3: The Authority may reassess an application under section 63A, 63C, or 63D
4: The Authority must consult in accordance with subsection (5)
a: does not publicly notify an application in accordance with section 53; and
b: considers that the application will have—
i: significant cultural, economic, environmental, ethical, health, or international effects; or
ii: significant effects in an area in which the Authority lacks sufficient knowledge or expertise.
5: The Authority must—
a: do everything reasonably practicable on its part to consult all persons who, in its opinion, are likely to be directly affected by the reassessment; and
b: give those persons a reasonable opportunity to make submissions and comments to the Authority on the reassessment; and
c: consider all submissions and comments received before approving or declining the application.
6: If the Authority is not required to consult by subsection (4)
8: New section 59A inserted (Joint processing and decision making on related applications)
After section 59
59A: Joint processing and decision making on related applications
1: This section applies if—
a: the Authority receives related applications; and
b: at least 1 of the applications is publicly notified in accordance with section 53 or required to be consulted on by section 53AA(4)
c: the Authority considers that decisions on the applications should be made on the same date.
2: The Authority may extend a time period that applies to the processing of the related applications to ensure that—
a: they are heard (if more than 1 application is to be heard) at the same time and place; and
b: decisions on the applications are made on the same date.
3: However, the Authority may not extend the time period beyond the latest date that applies to the related applications.
4: In this section, related applications 2012 No 72 s 44
9: New section 63D inserted (Modified reassessment to align classifications)
After section 63C
63D: Modified reassessment to align classifications
1: Despite anything to the contrary in this Act, the Authority may reassess a hazardous substance in accordance with this section if the Authority is satisfied that—
a: a reassessment of the hazardous substance under section 63 is not appropriate because the reassessment will involve only a specific aspect of the approval; and
b: the amendment is not a minor or technical amendment to which section 67A applies; and
c: the reassessment is necessary to change a hazard classification or control to align with—
i: the equivalent of a hazard classification or control that has been set by an international regulator; or
ii: a hazard classification or control of a related substance that was the subject of an Authority decision after the hazardous substance was approved by the Authority.
2: A reassessment under this section—
a: may vary 1 or more of the following:
i: the EPA controls that attach to a hazardous substance:
ii: the description of a hazardous substance:
iii: the hazard classification of a hazardous substance; but
b: may not revoke an approval given to import or manufacture a hazardous substance under this Act.
3: A reassessment under this section is treated as an application, and sections 53AA
4: The Authority may approve or decline an application for reassessment under this section as it considers appropriate after taking into account—
a: all the effects associated with the reassessment; and
b: the best international practices and standards for the safe management of hazardous substances.
5: Section 65(e) applies, with all necessary modifications, to a reassessment under this section.
6: Sections 77, 77A, and 77B apply to any hazardous substance that is approved under this section and, for the purposes of this section, controls previously imposed under section 77A have effect as other specified controls under that section.
7: This section does not limit the operation of section 77(2)(a).
8: An applicant relying on subsection (1)(c)(i)
9: The Authority must not reassess a hazardous substance under this section more than once in a 12-month period.
10: New section 64A inserted (Temporary restriction of use during reassessment)
After section 64
64A: Temporary restriction of use during reassessment
1: The Authority may, by notice in the Gazette
a: a decision under section 62(2)
b: the Authority has not approved or declined a reassessment application relating to the decision under section 62(2)
c: the Authority has reasonable cause to believe that there is actual or likely danger to human health or safety or the environment from the use of the substance; and
d: the Authority has consulted the persons who the Authority considers are likely to be directly affected by the restriction of use.
2: The notice—
a: may prohibit the use of a hazardous substance in specified circumstances or places, or by specified classes of persons; but
b: must not prohibit the use of the hazardous substance generally.
3: The notice—
a: must identify the nature of the restriction, including any conditions, on the use of the hazardous substance; and
b: remains in force until the earliest of the following:
i: the date on which the Authority approves or declines a reassessment application relating to the hazardous substance:
ii: the date on which the applicant withdraws a reassessment application relating to the hazardous substance:
iii: the date that is 1 year after the date of notification in the Gazette section 62(2)
4: The Authority must publish the notice on an Internet site maintained by or on behalf of the Authority as soon as practicable after the notice has been published in the Gazette
11: New section 76E inserted (Authority may recognise overseas bodies as international regulators)
After section 76D
76E: Authority may recognise overseas bodies as international regulators
1: The Authority may, by notice in the Gazette 63D
2: Before recognising an overseas body, the Authority must—
a: publicly notify its intention to issue the notice; and
b: give interested persons a reasonable time, which must be specified in the notification published under paragraph (a)
c: consult any persons, representative groups within the hazardous substances industry or elsewhere, government departments, WorkSafe, and Crown entities whom the Authority considers appropriate in each case.
3: The Authority must not recognise an overseas body unless the Authority has considered whether—
a: the body operates in a manner comparable to the Authority in regulating hazardous substances; and
b: the legislative regime regulating hazardous substances in which the body operates is comparable to this Act; and
c: the information from the body is readily accessible by the Authority.
4: The Authority may amend a notice made under this section—
a: to recognise, or revoke recognition of, 1 or more overseas bodies as international regulators—
i: in accordance with subsections (1) and (2)
ii: having considered the criteria in subsection (3)(a) to (c)
b: without complying with subsections (2) and (3)
2: Consequential and other amendments
12: Section 2 amended (Interpretation)
1: In section 2(1) EPA notice EPA notice Gazette section 76E
2: In section 2(1) international regulator section 76E related chemicals or substances
13: Section 3A replaced (Transitional and savings provisions relating to amendments to Act)
Replace section 3A
3A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 7 have effect according to their terms.
14: Section 11 amended (Powers, functions, and duties of Authority)
In section 11(1)(b)(ii) section 103 or 103A
15: Section 19 amended (Delegation by Authority)
1: After section 19(1)(ab)
ac: the issuing of a notice under section 76E
2: After section 19(2)(cb)
cc: the power to decide any application under section 63D section 53AA(4)
16: Section 29 amended (Determination of applications)
Repeal section 29(3)
17: Section 32 amended (Decision on application)
Repeal section 32(3)
18: Section 38 amended (Determination of applications to import or release)
Repeal section 38(5)
19: Section 45 amended (Determination of application)
Repeal section 45(3)
20: Section 48 amended (Determination of applications)
Repeal section 48(3)
21: Section 62 replaced (Grounds for reassessment of a substance or organism)
Replace section 62
62: Grounds for reassessment of substance or organism
1: Any person (including the chief executive of the Authority) may at any time request the Authority to decide whether there are grounds for reassessing any of the following where the organism or substance has previously been assessed by the Authority:
a: any new organism in containment:
b: any conditionally released new organism:
c: any qualifying organism released with controls:
d: any hazardous substance.
2: If a request has been made under subsection (1)
a: that significant new information relating to the effects of the organism or substance has become available; or
b: any change in controls under the Health and Safety at Work Act 2015; or
c: that another substance with similar or improved beneficial effects and reduced adverse effects has become available; or
d: that information showing a significant change of use, or a significant change in the quantity manufactured, imported, or developed, has become available; or
e: whether the substance has been included in the reassessments work plan required by section 20C
3: For the purposes of subsection (1) assessed by the Authority
22: Section 63 amended (Reassessment)
Replace section 63(1)
1: Any person (including the chief executive of the Authority) may request the Authority to proceed with a reassessment following a decision under section 62(2)
23: Section 63A amended (Modified reassessment procedure for amendments to approvals of hazardous substances)
1: In section 63A(3) sections 55 to 61 sections 53AA
2: Repeal sections 63A(4) and (5)
24: Section 63C amended (Modified reassessment to change controls in other cases)
1: In section 63C(3) sections 55 to 61 sections 53AA
2: Repeal sections 63C(4) and (5)
25: Section 64 amended (Suspension of approvals during reassessment)
In section 64 a decision to reassess an application to reassess
26: Section 65 amended (No compensation following reassessment)
1: In section 65 section 63, 63A, or 63C section 63, 63A, 63C, or 63D section 64A
2: After section 65(e)
f: imposes a restriction under section 64A
27: Section 68 amended (Minister’s power to call in applications with significant effects)
In section 68(1A) the application is one referred to in section 53 the application is one to which section 53(4)
28: Section 109 amended (Offences)
After section 109(1)(e)(vi)
vii: any restriction imposed on the use of a hazardous substance under section 64A
29: Section 114 amended (Penalties)
1: In section 114(1) paragraph (e) paragraph (da) or paragraph (e)(i) to (vi)
2: After section 114(1)
1A: Every person who commits an offence against section 109(1)(e)(vii)
a: in the case of a natural person, to a fine not exceeding $50,000:
b: in the case of a person other than a natural person, to a fine not exceeding $100,000.
30: Section 137 amended (Emergency powers)
1: In section 137(1)(a) section 103 or section 119 section 103, 103A, or 119
2: In section 137(1)(b) section 103 or 103A
31: Schedule 7 amended
1: Replace the Schedule 7
7: s 3A Transitional, savings, and related provisions
2: In Schedule 7
1: Provisions relating to Hazardous Substances and New Organisms Amendment Act 2015
3: In Schedule 7
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.
4: In Schedule 7