NEW ZEALAND GAZETTE, No. 115 — 22 OCTOBER 2015

label, in relation to a hazardous substance, means a group of written, printed, pictorial or graphic information elements concerning a hazardous substance, that is affixed to or printed on, or attached to the immediate container of that hazardous substance, or to the outside of the packaging of the hazardous substance and includes fold-out labels, multilayer booklets and tie-on tags, and to label has a corresponding meaning.

manufacture, for the purposes of this notice:

(a) means make, prepare, produce, label or pack (including packing into a container) a hazardous substance; and

(b) includes repacking or relabelling a hazardous substance.

manufacturer, in relation to a hazardous substance, means a person who manufactures the hazardous substance.

personal use, in relation to a hazardous substance, means use by an individual in the individual’s personal capacity.

prescribed information means the information prescribed in clause 6 of this notice.

workplace has the meaning given to it in the Health and Safety at Work Act 2015.

(2) Any term or expression that is defined in the Act and used, but not defined, in this notice has the same meaning as in the Act.

Part B: Information requirements

5. Duty of importer or manufacturer to notify Authority

(1) This clause applies when:

(a) an importer first imports a hazardous substance for the purposes of:

(i) supply to another person; or

(ii) use by the importer in a workplace; or

(b) a manufacturer first manufactures a hazardous substance for the purposes of:

(i) supply to another person; or

(ii) use by the manufacturer in a workplace, other than immediate use.

(2) An importer or manufacturer must notify the Authority of the prescribed information within the 30-day period after the date of importation or manufacture (as the case may be).

(3) There is no need to re-notify the Authority merely because the importer imports, or the manufacturer manufactures, a different hazardous substance at a later time.

(4) For the purposes of subclause (1), the first importation or first manufacture must be treated as meaning the first importation or the first manufacture that occurs after:

(a) the commencement of this notice; or

(b) the giving of written notice by the Authority to the importer or manufacturer that the Authority intends to dispose of the prescribed information about the importer or manufacturer that the Authority holds for the purpose of this notice.

(5) This clause does not apply to an individual who imports or manufactures a hazardous substance exclusively for that individual’s personal use.

6. Prescribed information

For the purposes of clause 5, the prescribed information is:

(a) the name of the legal person who is the importer or manufacturer; and

(b) if different from the name referred to in paragraph (a), the full trading name of the importer or manufacturer; and

(c) the importer or manufacturer’s business address or, if that is not available, residential address, which must, in either case, include a physical address in New Zealand; and

(d) if the importer or manufacturer maintains a website associated with its business, the website address; and

(e) contact details for a natural person in New Zealand who is authorised by the importer or manufacturer to act as a contact person, including the person’s:

(i) name;
(ii) email address;
(iii) telephone number; and

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