“decision-maker means the person authorised by an Order in Council to grant a licence or permit, being—

• “(a) the Minister; or

• “(b) the Minister for the Environment; or

• “(c) the Environmental Protection Authority; or

• “(d) a prescribed person

“Environmental Protection Authority or EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

“goods means all kinds of movable property, including animals, organisms, chemicals, and waste

“permit means a permit to import or export goods provided for under section 3 or 3A

“register means the Imports and Exports (Restrictions) Register required by section 3BD”.

• “(3) A conditional prohibition allows the importation of goods subject to—

  • “(a) the grant of a licence or permit by the decision-maker on terms and conditions specified in the licence or permit; or

  • “(b) prescribed conditions.

• “(4) A conditional prohibition may require payment of consideration to the decision-maker in respect of the application for, or the granting of, a licence or permit.

• “(5) A licence or permit authorising the importation of goods may be granted before or after the goods have been imported.”

“Application to Environmental Protection Authority for permits

“3BA General requirements for permits

• “(1) This section and sections 3BB and 3BC apply if an Order in Council made under section 3 or 3A allows the importation or exportation of goods under the authority of a permit granted by the Environmental Protection Authority.

  “(2) Any person may apply to the Environmental Protection Authority for a permit.

  “(3) An application for a permit must be in the prescribed form.

  “(4) The Environmental Protection Authority may revoke a permit if the Authority is satisfied that the holder of the permit has—

  • “(a) failed to comply with a condition of the permit; or

  • “(b) made a false declaration or statement or provided incorrect information in the holder's application for the permit; or

  • “(c) been convicted of an offence against this Act or an offence involving a convention chemical or waste.

  “(5) The Order in Council may specify the process and requirements for applying for a permit.

  “(6) In this section and section 3BC convention chemical or waste means a chemical or waste in relation to which an Order in Council has been made under section 3 or 3A to give effect to an international obligation.

“3BB Conditions on permits

• “(1) The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the importation of goods:

  • “(a) the use to which the goods will be put in New Zealand:

  • “(b) the provision of information to the Authority concerning the movement and location of the goods:

  • “(c) insurance requirements relating to the importation of the goods and their presence in New Zealand:

  • “(d) the labelling, packaging, handling, storage, transport, processing, or disposal of the goods:

  • “(e) liability for the goods if they cannot be used for the purpose for which they were imported.

  “(2) The Environmental Protection Authority may impose conditions that address the following matters on a permit allowing the export of goods:

  • “(a) the provision of information to the Authority concerning the movement and location of the goods:

  • “(b) insurance requirements relating to the export of the goods:

  • “(c) the labelling, packaging, handling, storage, transport, processing, or disposal of the goods:

  • “(d) liability for the goods if they cannot be used for the purpose for which they were exported.

“3BC Refusal of permits

• The Environmental Protection Authority may refuse to grant a permit if the Authority is satisfied that—

  • “(a) the person who applied for the permit has been convicted of an offence against this Act or an offence involving a convention chemical or waste; or

  • “(b) the information provided by the person to the Authority is incorrect.

“Imports and Exports (Restrictions) Register

“3BD Register

• “(1) The Environmental Protection Authority, on behalf of the Crown, must keep a register called the Imports and Exports (Restrictions) Register.

  “(2) The register may be kept in the form of information stored electronically.

  “(3) The Crown owns all information contained in the register.

“3BE Information to be included in register

• “(1) The register must record—

  • “(a) the details of a permit granted by the Environmental Protection Authority under an Order in Council made under section 3 or 3A; and

  • “(b) any other information required to comply with New Zealand's international obligations that is prescribed by regulations.

  “(2) In relation to a permit, the register must specify—

  • “(a) the name and address of the person to whom the permit was granted; and

  • “(b) the goods to which the permit relates; and

  • “(c) the amount of the goods that the permit allows to be imported or exported; and

  • “(d) the terms and conditions on which the permit was granted; and

  • “(e) any other information required by regulations.

  “(3) The register may record any other information that the Environmental Protection Authority considers appropriate.

“3BF Environmental Protection Authority to allow New Zealand Customs Service access to register

• The Environmental Protection Authority must provide the New Zealand Customs Service with access to the register.”.

“Miscellaneous provisions”.

• “(3) A court must take judicial notice of the signature by or on behalf of the decision-maker of a prescribed form or an extract or copy of a prescribed form.”

• “(b) it authorises the decision-maker to issue a licence or permit subject to conditions imposed by the decision-maker.”