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Things to consider before applying for accreditation

If you want to find out how to apply for accreditation see:

  This section provides answers to common product stewardship and accreditation concerns.

What if my scheme requires regulatory support?

The development of regulations is a complex process. At this stage we anticipate that it will be unlikely that a product stewardship scheme will achieve regulatory support unless the Minister has identified it, through the Gazette process, as a priority product.

The scheme manager may propose the type of regulation the participants believe most appropriate. However, the Minister is under no obligation to accept this proposal and may alter the detail or type of regulation applied. The Minister may also decide not to enact any regulations.

Does my scheme need to comply with other enactments, the general law and bylaws?

Section 15 states that an accredited scheme must be consistent with New Zealand’s international obligations and section 19 states that an accredited scheme is subject to other laws.

Important Note: Accreditation of a product stewardship scheme does not mean the scheme is compliant with other acts or bylaws. It is the responsibility of the scheme manager and participants to seek independent legal advice as to legality of an accredited scheme proposal.

The key legislation that may be of relevance to the operation of product stewardship schemes are described in the Interactions with other enactments, general laws, bylaws, and international obligations section.

Will my accreditation application be treated with confidentiality?

We will assume all information provided to us in an application for accreditation can be released to the public. We will also, in the normal course, release to the public the decision regarding accreditation, and the reasons why a scheme has or has not been accredited. If the participants wish for certain information not to be published, this should be stated clearly in the application for accreditation.

The Minister may need to discuss aspects of the scheme with those likely to be significantly affected. This could be competitors, other government agencies, consumers, environmental organisations, local government, trade associations or service providers (such as recyclers). If there is certain information that should not be released to specific parties, this should be stated clearly in the application for accreditation.


Important note: Information presented to the Minister is subject to disclosure under the Official Information Act, 1982 (OIA). Certain information may be withheld in accordance with the requirements of the OIA. Further information on the OIA is available at www.ombudsmen.parliament.nz.

Information held by the Minister and Ministry could be released under the OIA in response to a request from a member of the public for that information. If scheme participants wish to provide sensitive information to the Minister which they do not want released, it is recommended the scheme manager consult with the Ministry as to whether the information is necessary for the application and whether there may be grounds in the OIA for withholding the information. For instance, if release of the information would disclose a trade secret, or be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information, then the information may be able to be withheld.

The grounds for withholding must always be balanced against public interest considerations that may justify release. Although the Ministry could not give any guarantees as to whether information can be withheld under the OIA, it may be helpful to know in advance if information provided with an application is commercially sensitive to scheme participants.

Who decides whether my scheme is accredited or not?

The decision as to whether or not to accredit a scheme, or recommend regulatory support is made by the Minister for the Environment. The Minister may seek advice from the Ministry for the Environment, the Waste Advisory Board or any other party, particularly for complex or large schemes.

The Minister must give reasons for any decision to decline accreditation.

There is no appeal process in the Act if accreditation is declined. However, the scheme manager may reapply at any time. There is no minimum time a scheme manager must wait before reapplying.

Interactions with other enactments, the general law, bylaws, and international obligations

Participants in an accredited product stewardship scheme, whether voluntary or mandatory, should ensure they are compliant with all other laws. Section 19 specifically states this. 

This section outlines some of the key legislation that a scheme may need to review. Other enactments, laws and bylaws not detailed in this section could apply to your product stewardship scheme, such as legislation that relates to employment, health and labour. Please refer to the Additional information section on page 15 for websites to some of the other environmental acts and obligations.

See www.legislation.govt.nz for copies of all the legislation described here.

The Commerce Act

The aim of the Commerce Act 1986 is to promote competition in markets within New Zealand. It prohibits conduct that restricts competition (restrictive trade practices) and the purchase of a business's shares or assets if that purchase leads to a substantial lessening of competition in the market.

The sorts of actions that may result in a breach of the Commerce Act include:

  • businesses informally cooperating for anti-competitive purposes which include initiatives that may create unnecessary barriers for potential entrants to the market
  • businesses agreeing with each other (between competitors, between different parties in the supply chain or between franchiser and franchisee) on a specific charge to pass onto customers.

In regards to product stewardship schemes, participants should be particularly mindful of the Commerce Act in undertaking the following practices:

  • businesses working together on developing schemes especially where there are price implications
  • businesses forming joint ventures or other cooperatives to operate a product stewardship organisation (PSO)
  • using a levy or a deposit-refund system as part of a product stewardship scheme
  • targets to restrict the amount of a product sold
  • awarding contracts/partnerships to service providers such as recyclers.

These practices are not automatically a breach of the Act, it depends on how they are performed. It may be possible to get ‘authorisation’ for certain behaviours.

Making schemes as transparent as possible is helpful to assure businesses outside the scheme and customers that the scheme is not anti-competitive.

For more information, see the Commerce Commission’s website, www.comcom.govt.nz, where contact details and guidance documents are available such as the For a Guide to Anti-competitive Practices.

See the Advertising Standards Authority website www.asa.co.nz for the Advertising Code of Practice.

The Commerce Commission has also produced guidelines for green marketing. These guidelines are intended to educate businesses about avoiding making misleading or untrue claims about their products or services under the Fair Trading Act (see http://www.comcom.govt.nz/FairTrading/GuidelinesforGreenMarketing/Overview.aspx.

The Basel Convention

The 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal aims to reduce the amount of waste produced by signatories and regulate the international traffic in hazardous wastes (especially to developing countries). It requires prior approval of hazardous waste imports and exports, and requires exporting countries to ensure that hazardous waste will be managed “in an environmentally sound manner”.

The Convention emphasises the principle of ‘generator responsibility’ (a version of the ‘polluter pays’ principle in the Rio Declaration on Environment and Development) for disposal of wastes, and requires parties to minimise the environmental effects of the movement and disposal of hazardous waste. Before the Convention was ratified, Parliament had to consider its implications on aspects of New Zealand law, including the new Hazardous Substances and New Organisms Act 1996.

Basel consents are administered by the Ministry of Economic Development. See http://www.med.govt.nz/templates/MultipageDocumentTOC____10537.aspx for more information.

Local government bylaws

A bylaw is a rule or regulation made by a local authority which affects the public, which orders something to be done, or in some cases, to not be done.

Local authorities are given the power to make bylaws by a number of statutes, for example, the Local Government Act, 1974 and 2002, the Transport Act, 1962 and the Health Act, 1956.

A territorial authority may make bylaws for its district, covering among other things, the following:

  • protecting the public from nuisance
  • protecting, promoting and maintaining public health and safety
  • minimising the potential for offensive behaviour in public places
  • the management of public space.

It is important that a product stewardship scheme consults with relevant local authorities to find out what local bylaws may apply to their area and to their product stewardship activities.

As the Resource Management Act is implemented through local government rules and bylaws, it is important that a scheme refers to any rules and bylaws that come under both the regional and district plans

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