3.2 Hazardous Substances & New Organisms Act 1996

Question 1

List the six descriptors for “Hazardous Substance”

Answer 1

• Explosive
• Flammable
• Oxidising
• Corrosive
• Toxic
• Eco-toxic
• or becomes one of these on contact with air or water

Question 2

Describe a “New Organism” (5)

Answer 2

1. Organism not in NZ prior to July 1998.
2. Organism not in NZ prior to relevant regulation.
3. Organism approved for conditional or controlled release or containment.
4. Genetically Modified organism.
5. Eradicated from NZ.

Question 3

s 135 Describe “emergency” in context of the Hazardous Substances and New Organisms Act

Answer 3

a) Actual or Imminent danger to human health or safety

OR

b) danger to environment or chattels so significant immediate action required to remove danger - arising from substance or organism requiring immediate action.

Question 4

Before you can declare an emergency you must consider four Acts that might already be engaged or active in relation to the event. What are they?

Answer 4

No emergency has been declared by an enforcement officer under:
* Fire and Emergency NZ Act
* Civil Defence Management Act
* Biosecurity Act
* This Act (Hazardous Substances and New Organisms Act)

Question 5

s136(c) Declaration of a Hazardous substances emergency. Full powers are under s137. They should be exercised in order to (4)

Answer 5

• ENTER premises
• REMOVE cause of emergency
• STABILIZE situation
• PROTECT persons/environment/chattels

Question 6

What three things must you state on declaring an emergency?

Answer 6

• IDENTIFY yourself to any person in the vicinity.
• AUTHORITY to exercise emergency powers. (The Environmental Protection Authority)
• NATURE of the emergency and the area likely to be affected.

Question 7

How long does the Hazardous substances or New Organisms emergency last?

Answer 7

48 hours after declaration or when one of the three overiding statutory enactments takes over (Fire and Emergency; Civil Defence or Biosecurity) - whichever is the sooner.

Question 8

s137 grants specific emergency powers under the act in relation to a Hazardous substances or new organisms emergency. What are they? [Similar to Civil Def powers]

Answer 8

• Enter any premise or dwelling at any time.
• Direct any person to:
  1. Stop activity contributing to emergency.
  2. Leave the vicinity
  3. Refrain from entering the vicinity
• Requistion any property for use in the emergency
• Destroy property in order to prevent/limit emergency
• Secure site for 24hrs following passing of immediate danger

Note: Enforcement officer entering any private property shall advise the occupier of the property as soon as practicable.