Nouvelle-Zélande
Profil du MembreParticipation aux discussions sur les préoccupations commerciales SPS et OTC
Lien vers Renseignements par membre sur le site web de l'OMC
AUTORITÉ NATIONALE RESPONSABLE DES NOTIFICATIONS SPS
Nom/Organisme | Coordonnées |
---|---|
New Zealand SPS Sally Griffin SPS Contact Point Manager/Senior Policy Analyst Charles Fergusson Building 34-38 Bowen St Pipitea PO Box 2526 Wellington 6140 | Courrier électronique: newzealand.sps@mpi.govt.nz Téléphone: +(64 4) 894 0431 Site Web: https://www.mpi.govt.nz/consultations/?opened=1 |
POINT(S) D'INFORMATION SPS
Identique à l'ANN
Arborescence des codes du SH associés aux notifications SPS
Participation aux discussions sur les préoccupations commerciales SPS
Reconnaissance de l'équivalence
Documents du comité SPS
Veuillez cliquer ici pour voir les documents du comité présentés par Nouvelle-Zélande
Suppléments
Examens des politiques commerciales
3.114. New Zealand's sanitary and phytosanitary (SPS) framework is regulated through a large body of statutes, which primarily includes the Biosecurity Act 1993, the Agricultural Compounds and Veterinary Medicines Act 1997, the Animal Products Act 1999, the Dairy Industry Restructuring Act 2001, the Wine Act 2003, and the Food Act 2014. While these primary SPS‑related laws remained in force during the review period, the Food Safety Law Reform Act 2018 (FSLR Act) amended the Animal Products Act 1999, the Food Act 2014, and the Wine Act 2003 to streamline the content and format of certain guiding documents, such as Regulations, Notices, and Codes issued under the three Acts. There are ongoing consultations to redesign regulations and notices under the Animal Products Act 1999 and the Wine Act 2003, with a view to further streamlining administrative procedures.[199] The authorities indicate that the redesigned animal products and wine regulations are expected to come into effect from July 2022. To help develop a more consistent and fair approach to enforcement across the food safety system, the amendment also provides for extending some enforcement tools that initially existed in the Food Act (improvement notices, compliance orders, and penalties based on commercial gain) to the Animal Products Act and the Wine Act
3.115. Among other changes brought about by the FSLR Act, it allows for use of automated electronic systems for issuing export certificates for food, plant, and animal products.[200] In March 2020, regulations were issued requiring businesses to provide hazard identification and management information to the Ministry for Primary Industries (MPI) when applying to register a risk-based measure. The Act also enables the adoption of regulations to enhance traceability obligations and set recall requirements, including for annual simulated recalls.[201] The authorities indicate that in December 2021, traceability and recall guiding documents were undergoing review to align with new trace and recall regulations expected to be issued in 2022. In this context, clarification has been provided through changes to primary legislation, regulations, and notices on the role of recognized agencies and recognized persons, as well as businesses subject to verification. Further, the role and responsibilities of the MPI were expanded to improve food safety responses, including contingency planning and being able to request information from third parties to inform risk assessments
3.116. A National Policy Direction for Pest Management (NPD) was adopted and implemented in 2015. It provides for the development of instruments and measures that prevent, reduce, or eliminate the adverse effects of harmful organisms on the economy, the environment, and human health. The NPD also determines the framework for a balanced distribution of costs associated with the instruments and measures.[202] Specifically, it aims to improve the quality and consistency of pest and pathway management plans. It sets out several requirements related to the descriptions of outcomes and programmes, costs-benefit analysis, and cost allocation between various stakeholders. The authorities note that this has resulted in a substantial improvement in the alignment and consistency of Regional Pest Management Plans between regions, and with National Pest Management Plans. It has also guided the development of the Fiordland Regional Marine Pathway Management Plan and the National Pathway Management Plan for the kiwifruit industry. The Minister for Biosecurity has overall responsibility for national pest or pathway management plans
3.117. The MPI, through its various units, has the lead role in biosecurity protection, including to prevent outbreaks of pests and diseases in New Zealand. Biosecurity New Zealand was established in 2018 (Section 4.1). Its purpose is to prevent the spread of harmful organisms. It is in charge of managing compliance at the border as well as preparing for, and responding to, any biosecurity incursions that may occur. SPS New Zealand, which is also part of the MPI, is the Notification Authority and National Enquiry Point for the purposes of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). From January 2015 to February 2022, New Zealand notified 172 new SPS measures to the WTO (regular and emergency measures), of which 45 were emergency measures affecting either all of its trading partners or geared towards specific Members. In 2018, specific trade concerns were raised with respect to New Zealand's draft import health standard for vehicles, machinery, and equipment in the SPS Committee. The authorities indicate that the trade issues raised on the measures for Brown Marmorated Stink Bug (BMSB) on used vehicles imported into New Zealand were resolved in late 2018, and that the measures remain in place and continue to manage the risk of BMSB
3.118. The MPI has an established structure of charges for services it provides to individuals and companies in relation to, inter alia, biosecurity inspections and standards development.[203] This also covers charges on importers for biosecurity clearance of imported goods and other related activities at the border. Fees and charges are regularly reviewed in consultation with those affected. During the review period, amendments were made to various regulations, including measures to: introduce levies for recovering border processing costs in the context of the Biosecurity Act[204]; exempt specified substances from registration; and set fees, charges, and levies for application assessment in the context of the Agricultural Compounds and Veterinary Medicines Act; and include offences and infringement notices, dairy industry fees, charges and levies; and require risk management programme registration in the context of the Animal Products Act
3.119. Under the Government Industry Agreement for Biosecurity Readiness and Response (GIA), New Zealand maintains a collaborative framework between the MPI and industries (including all major horticultural, aquaculture, and livestock sector groups) for improving New Zealand's biosecurity. GIA participants co-invest to better manage pests and diseases that could damage New Zealand's primary industries, economy, and environment.[205] Food Standards Australia New Zealand (FSANZ) is responsible for setting food standards that govern the content and labelling of foods sold in both New Zealand and Australia
3.120. All domestically produced and imported foods, and animal and plant products must comply with all aspects of the relevant acts and standards codes in New Zealand
3.121. Food standards relating to labelling and composition are adopted in the context of the Joint Food Standards. These Standards consist of a common set of food composition and labelling rules developed by FSANZ[206] and are adopted in both Australia and New Zealand. In addition, New Zealand has specific food requirements outside the scope of the joint system. These include rules on maximum residue limits for agricultural compounds in food; food hygiene and food safety provisions, including those for high-risk imported foods; details of materials permitted to be added to or used to produce food packaging materials; and export requirements relating to destination markets other than Australia. These standards set general safety and production requirements that must be met by food products. The Importing Food Notice (described below) sets additional requirements for imported foods that require clearance for entry into New Zealand
3.122. The Food Act 2014, which replaced the Food Act 1981, was fully implemented between 2016 and 2019, and aims to, inter alia, provide an efficient, effective, and risk-based food safety regulatory regime that places the primary duty of persons who trade in food to ensure that it is safe and suitable. Under the Act and its relevant regulations, businesses that represent higher risk, from a food safety point of view, will operate under more stringent food safety requirements and are more frequently checked than lower risk food businesses. The Act itself sets out food sectors according to the risks posed by food, and the risk-based measure that applies. As such, it introduces, Food Control Plans (FCPs) for higher risk activities and National Programmes for lower risk activities. New Zealand Food Safety, a new unit created in 2018 within the MPI, and responsible for overseeing the food safety system, has developed a tool to help work out the food safety rules that apply to a given business or food activity. On completing the questions posed in the tool, a food business operator can print the plan or programme that applies to its business or activities.[207]
3.123. In addition to the relevant provisions under the Food Act 2014, including the requirement to meet the Australia New Zealand Food Standards Code, imported and domestically produced foods must also meet applicable requirements under the Biosecurity Act 1993, the Animal Products Act 1999, the Agricultural Compounds and Veterinary Medicines Act 1997, the Wine Act 2003, and the Fair‑Trading Act 1986
3.124. Pursuant to the Food Act 2014, the MPI uses a risk-based approach for managing the safety of imported foods. Imported foods are categorized according to the level of risk they present to the New Zealand consumer, in accordance with Food Regulations 2015 (the implementing regulations of the Food Act 2014). Foods that present an increased risk to human health are referred to as High Regulatory Interest (HRI) foods and always require food safety clearance. Foods for which there is uncertainty or concern about the risk they present to human health are called foods of Increased Regulatory Interest (IRI). Some IRI foods require food safety clearance. An Importing Food Notice is published on the MPI website and updated as required.[208] According to the authorities, imported HRI or IRI foods are categorized based on a systematic and science-based process that involves the evaluation of the associated food safety risks and selection of appropriate risk management measures for managing any significant risks identified. Foods that require food safety clearance are listed in Schedules 1 (HRI foods) and 2 (IRI foods) (Tables 3.11 and 3.12). When imported food is required to be tested, the testing must be completed by an approved laboratory. The approved laboratories are listed in Schedule 3 of the Importing Food Notice
3.125. Foods that are not specified in Schedule 1 or 2 of the Notice do not require clearance under the Act. The authorities indicate that the safety of these foods is managed by ensuring that importers take reasonable steps to assess their safety and suitability, including their compliance with relevant New Zealand food standards, prior to their importation into New Zealand. In general, foods from Australia do not require food safety clearance, except for bivalve molluscan shellfish and products containing them, and bovine meat and meat products containing greater than 5% bovine meat
3.126. HRI and IRI foods must be from a specific country or geographic region of export listed in Column D of Schedule 1 or 2 of the Notice. The notice also indicates, inter alia, the clearance requirements for the food, and the forms of evidence that the importer must provide to give assurance that food safety has been effectively managed. Regarding importers from other countries (not listed) that are willing to import HRI and IRI foods to New Zealand, the competent authority of the exporting country or geographical region informs the MPI of its interest in exporting a particular HRI food and requests for information regarding the import requirements. Exchanges between the two parties will determine whether New Zealand's requirements can be met by the exporting country or geographical region and official certification negotiated
3.127. Not meeting the requirements of the Importing Food Notice may result in failure to obtain entry of the food into New Zealand, re-exportation or destruction of the product at the importer's cost, or suspension of an importer's registration
3.128. In the context of the COVID‑19 pandemic, New Zealand authorities published guidance for workers in food service, food retail, and food manufacturing businesses in line with the World Health Organization's COVID‑19 and food safety advice. According to the authorities, these documents have been regularly updated as the COVID‑19 situation develops
3.129. No major changes were introduced regarding animal and plant products since the previous review. Under the Biosecurity Act, animal and plant products cannot be imported into New Zealand, unless an import health standard (IHS) has been developed for that product. IHSs specify the biosecurity requirements that must be met for a product to be imported. According to the authorities, there are currently over 338 IHSs issued, with 16 having been drafted between 2015 and 2020. Of the 16 drafted since 2015, 4 are for plant germplasm, 7 for fruits or vegetables or flowers for consumption, and 5 for animal products. In addition to drafting new IHSs, the existing IHSs are continuously amended to manage emerging pest risks and improve market access conditions. Information on IHSs is regularly published online.[209]
3.130. Risk analysis is the first stage in the development of an IHS. It involves the identification of potential pests and diseases associated with a product; the likelihood of entry and establishment in New Zealand; and the potential impacts on the economy, the environment, and human health. In the 2015-20 period, no IHS requests were denied due to economic, environmental, or health reasons. Proposed IHSs go through a public consultation before their adoption
3.131. For some products (e.g. table eggs, uncooked chicken meat, honey), no IHS is in place, i.e. they cannot be imported as they do not meet the required sanitary standards. However, the authorities indicate that IHSs have been requested and are currently being worked under MPI's broader work programme
3.132. In July 2017, following the discovery of Mycoplasma bovis (M. bovis), a bacterial infection, in cattle in New Zealand, the authorities declared a biosecurity response, whereby the Government and agricultural sector stakeholders decided to eradicate the disease. According to the authorities, the 10-year eradication programme has made positive progress towards the eradication of M. bovis from New Zealand. The focus of the programme is set to shift from finding the disease and clearing active confirmed properties (delimiting phase) to proof of absence surveillance to ensure absence of the disease. The latest report from the independent Technical Advisory Group for the M. bovis response recognizes the progress made by the Programme towards eradication. The report highlights that data from surveillance activities and genomic analysis suggest infection of M. bovis is not widespread, and that the rate of infection in the national herd is declining. As at mid-October 2021, the Programme had cleared 267 of the 271 total confirmed properties to date
3.133. As part of the authorities' efforts to ensure a sound biosecurity framework for livestock, the National Animal Identification and Tracing (NAIT) Act 2012, which is fundamental to supporting responses to animal disease outbreaks, was amended in 2019. According to the authorities, the 2019 amendments were made to ensure the scheme is fit for future purpose and has since led to improvements in compliance with the scheme, enhancing traceability of cattle and deer in New Zealand
3.134. GMOs are regulated through the Hazardous Substances and New Organisms (HSNO) Act 1996. Under the HSNO Act, all new organisms, including GMOs, are prohibited from importation, development, field testing, or release without formal approval from the Environmental Protection Authority (EPA), which is required to take into account various factors related to the potential risks and benefits of the proposal. These include environmental, economic, social, cultural, and public health considerations. The MPI ensures that the controls placed on new organism approvals by the EPA are complied with by enforcing the HSNO Act at the border and ensuring no unapproved GMOs material enters the country.[210] Genetically modified foods must undergo a safety assessment and approval by FSANZ before being able to be imported into New Zealand and be labelled accordingly. According to the authorities, FSANZ is currently publicly consulting on a proposal to amend the definitions of "food produced using gene technology" and "gene technology" in the Australia New Zealand Food Standards Code. These definitions determine what foods are classified as genetically modified food under the Code
POINT(S) D'INFORMATION OTC
Nom/Organisme | Coordonnées |
---|---|
Ministry of Business, Innovation and Employment Level 6, 15 Stout Street, Wellington 6011; Private Bag 2439, Wellington 6140 | Courrier électronique: wto@standards.govt.nz Téléphone: +(644) 89 65126 Site Web: https://www.mbie.govt.nz/business-and-employment/business/trade-and-tariffs/trade-barriers/ |
Participation aux discussions sur les préoccupations commerciales OTC
Communication(s) concernant la mise en œuvre
11/10/1996 |
Accord entre les Membres
Acceptation du Code de pratique
Environment Choice New Zealand (on behalf of the Minister for the Environment | G/TBT/CS/N/86 |
Standards New Zealand | G/TBT/CS/N/6/Rev.1 |
Documents du comité OTC
Veuillez cliquer ici pour voir les documents du comité présentés par Nouvelle-Zélande
Examens des politiques commerciales
3.100. Standards New Zealand manages the development of New Zealand standards, and of joint Australian‑New Zealand standards. To promote harmonization with international standards, the authorities indicate that Standards New Zealand prompts stakeholders, including regulators, to adopt existing standards (identical or with modifications), where appropriate and possible, unless a valid reason can be substantiated for a new standard. In 2021, the total number of standards in New Zealand's catalogue, which comprises New Zealand standards and joint Australia-New Zealand standards, was 2,670, down from 3,205 in 2014[176], following the withdrawal of older standards that were not replaced with new ones.[177] The majority of standards in New Zealand's catalogue are developed in partnership with Standards Australia (87% of the total number of standards in 2021) and are not cited in primary or secondary legislation, and are therefore voluntary (69%). About half of standards in New Zealand's catalogue are equivalent to international standards (Table 3.10)
3.101. Except for the approval process, which is now the responsibility of the Standards Approval Board, the procedure for preparing, issuing, or revising standards or technical regulations has not changed substantially since the previous Review (Box 3.1). During the development phase, draft standards are subject to a public consultation period of approximately eight weeks, depending on the scope of the project. If the consultation leads to substantial changes to the draft, a second round of consultations for the revised draft may take place. Draft standards that meet the criteria under the Act are taken before the Standards Approval Board for approval. Upon approval, they are published online as new or revised standards. Standards New Zealand has also developed a review process for aged standards, under which standards that are at least 10 years old are reviewed against a set of additional criteria and then proposed for withdrawal if deemed necessary.[178] All withdrawal proposals are subject to public consultation with stakeholders to determine whether they need to be withdrawn, reconfirmed, or revised
3.102. From 1 January 2015 to 31 January 2022, New Zealand made 39 TBT notifications (i.e. regular notifications, excluding revisions and addendums) of which all except for 2 relate to proposed technical regulations or proposed conformity assessment procedures.[179] These measures covered, inter alia, food, alcoholic beverages, plastics, chemicals, and construction materials, and they were based on, inter alia, health, safety, quality, or environmental considerations. The other two notifications were about the adoption of emergency/urgency technical regulations.[180]
3.103. During the same period, WTO Members raised one TBT specific trade concern (STC) against New Zealand (May 2020) concerning the proposal of a new label requirement under which labels for packed meat and cured pork must specify where the animal was raised (see below). This was the only TBT STC against New Zealand during this period. New Zealand raised 21 new TBT STCs against other WTO members in the WTO Committee on Technical Barriers to Trade.[181]
3.104. The MBIE is responsible for overseeing New Zealand's conformance infrastructure and providing advice to the Government on related policy and regulations. Authorities comprising New Zealand's conformance infrastructure are two accreditation bodies (International Accreditation New Zealand and the Joint Accreditation System of Australia and New Zealand), a legal metrology authority (Trading Standards), and a national metrology institute (the Measurement Standards Laboratory) (Table A3.4). International Accreditation New Zealand (IANZ) is the country's accreditation body for testing and calibration laboratories, and inspection bodies. Once accredited, testing and calibration laboratories and inspection bodies are subject to subsequent reassessments by the IANZ to ensure compliance with the accreditation status. The IANZ charges fees for the services it renders, and is a full member (i.e. signatory to the corresponding Mutual Recognition Arrangement (MRA) and subject to peer evaluation) of the International Laboratory Accreditation Co‑operation (ILAC) and the Asia Pacific Accreditation Cooperation (APAC). Based on the ILAC MRA, conformity assessment results from IANZ-accredited laboratories and inspection bodies are recognized in 103 countries.[182] The Joint Accreditation System of Australia and New Zealand (JAS-ANZ) provides accreditation for certification and inspection bodies. Once accredited, relevant bodies are subject to subsequent reassessments to ensure compliance with the accreditation status. JAS-ANZ charges fees for the services it renders. JAS-ANZ is a full member of the International Accreditation Forum (IAF), the ILAC, and APAC.[183] Trading Standards under the MBIE is New Zealand's legal metrology authority. It is responsible for administering and enforcing the Weights and Measures Act 1987, and monitoring the quality of retail fuel. Through Trading Standards, New Zealand is a member of the International Organisation of Legal Metrology, and Asia Pacific Legal Metrology Forum, and it maintains with Australia a Trade Measurement Advisory Committee that focuses on trade measurement issues. The Measurement Standards Laboratory (MSL) is New Zealand's national metrology institute, and is part of Callaghan Innovation, the country's innovation agency. Its main responsibility is to ensure that the country's units of measurement are consistent with the International System of Units. New Zealand is party to the Metre Convention, establishing the International Bureau of Weights and Measures (BIPM), and signatory through the MSL to the International Committee for Weights and Measures (CIPM) MRA, an arrangement for the international mutual recognition of national measurement standards and of calibration certificates issued by national metrology institutes framed by the CIPM. The MSL is also a member of the Asia-Pacific Metrology Programme, which brings together all the national metrology institutes in the region
3.105. During the review period, New Zealand's conformance system was not subject to any major change, except for some institutional and administrative amendments made to the Testing Laboratory Registration Council managing IANZ. In 2015, New Zealand repealed the Testing Laboratory Registration Act 1972, which established the Testing Laboratory Registration Council and incorporated its provisions into the Standards and Accreditation Act 2015. Under the new Act, New Zealand renamed the Testing Laboratory Registration Council to Accreditation Council, clarified its functions, amended the composition of the council, and provided that all its members be appointed only by the Minister of Commerce and Consumer Affairs.[184] The Accreditation Council continues to conduct its operations through IANZ, and to own Telarc Limited (a Certification body), which provides certification services.[185]
3.106. In 2018, the MBIE also launched a review to assess the functioning of New Zealand's conformance system. Based on this review, the MBIE developed a strategy that identifies actions to enhance the conformance system for the period 2019-22. The MBIE is responsible for implementing the strategy in collaboration with New Zealand's standard and conformance infrastructure authorities, and for monitoring its progress. As part of the strategy's actions, the MBIE strengthened the role of the existing Standards, Accreditation and Metrology Group (SAM) to support the implementation of the strategy. The SAM is convened by the MBIE and meets on a quarterly basis. Its purpose is to enhance information sharing, collaboration, and coordination between agencies responsible for New Zealand's standards and conformance infrastructure.[186]
3.107. In the area of international regulatory cooperation, New Zealand and Australia have signed the Trans-Tasman Mutual Recognition Arrangement (TTMRA), which is, according to the authorities, one of New Zealand's most comprehensive economic integration arrangements. The TTMRA provides for the recognition of equivalence of technical regulations so that any good that can be legally sold in Australia can also be sold in New Zealand (and vice versa) without further technical regulation requirements, and with very limited exceptions (e.g. radio communications regulations). The TTMRA also covers professional qualifications and provides for the mutual recognition of occupational registrations
3.108. In addition to the TTMRA, New Zealand had, as at January 2022, 10 mutual recognition agreements or arrangements (MRAs)[187] with key trading partners covering selected products, 8 of which were for the acceptance of conformity assessment results, and 2 for certification (Box 3.2).[188] Of these instruments, three were signed during the review period: one with China; one with the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei); and one with the United Kingdom. The MRA with the United Kingdom was signed in 2019 following its withdrawal from the European Union, and has the same coverage as the one with the European Union, i.e. electromagnetic compatibility, low voltage equipment, machinery, medicinal products and devices, pressure equipment, and telecommunications terminal equipment. The MRAs with China and Chinese Taipei were signed in 2016 and 2020, respectively, and cover the recognition of the certification of organic products. As at January 2022, the former was not yet operational but its implementation was ongoing
3.109. New Zealand also unilaterally recognizes certification of certain products issued by other jurisdictions, such as certification for gas appliances issued by certain European, North American, and Australian certification bodies.[189]
3.110. New Zealand prohibits the importation of all goods bearing false information or including trademarks or signs likely to mislead or deceive consumers.[191] All goods sold are subject to quantity labelling requirements and must use one of the units of New Zealand's metric system when marking their net weight or measure.[192]
3.111. Imported and locally produced food must meet label requirements under the Food Act 2014 and the Australia-New Zealand Food Standards Code (Section 3.3.4). Information on food labels must in general include a date marking for sale, a lot identification, a New Zealand or Australian name and business address, a description of the good, an ingredients list and their content (in percentage), a nutrition information panel, use and storage directions, allergens declarations, and warning and advisory statements. A number of food products are subject to specific requirements including genetically modified food, food for infants, fish, alcoholic drinks (including wine), irradiated food, and food containing hemp seeds.[193]
3.112. New Zealand also has six Consumer Information Standards (CIS) Regulations with labelling information requirements for clothing (care, country of origin, and fibre content), used motor vehicles, water efficiency, and the origin of food.[194] The CIS Regulations for water efficiency and food origin were adopted during the review period, in 2017 and 2021, respectively. The CIS Regulations for water efficiency applies to water-using equipment (e.g. washing machines and dishwashers), and requires labels to include information on their water consumption. The CIS Regulations on the origin of food (both fresh and frozen) require that labels include the country of origin for fruit and vegetables, meat and cured pork, and fish and seafood. The proposed draft of these regulations was notified to the WTO in December 2019[195] and was the object of a TBT STC in the WTO TBT Committee in May 2020, which the authorities indicate was satisfactorily addressed.[196] The CIS Regulations on the origin of food were to enter into force on 12 November 2021 for fresh food but were postponed to 12 February 2022 to give businesses more time to adjust. For frozen foods the entry into force has not changed and remains 12 May 2023
3.113. In March 2018, New Zealand also put in place a standardized packaging regime for tobacco. Under this regime, New Zealand requires that all tobacco products be sold in dark brown/green coloured packaging (same as in Australia, the United Kingdom, Ireland, and France), with no company logos and the same font for all brands. New pictures and health warning must cover at least 75% of the front of the package, and the entire back.[197] Full implementation of the regime started on 6 June 2018. In 2021, New Zealand held public consultations on further proposals, including proposed technical regulations, aiming at reducing smoking and tobacco availability to minimal levels by 2025.[198]
3.95. During the review period, New Zealand made some institutional reforms to its standards and conformance system through the adoption of the Standards and Accreditation Act 2015.[172] These reforms affected mainly the administrative process for the approval of standards, and the management structure of the country's accreditation authority (see below). The new Act was adopted in October 2015 following a review that started in 2012 seeking to strengthen the functioning of the system and reduce its costs. The Standards and Accreditation Act 2015 repeals and replaces the Standards Act 1988 and Testing Laboratory Registration Act 1972, and has been since its adoption the main legal instrument regulating the development and adoption of standards and conformity assessments. The Act entered into force on 1 March 2016
3.96. Prior to the adoption of the Standards and Accreditation Act 2015, the New Zealand Standards Council and its operational arm Standards New Zealand, both Crown entities, were the main institutions in charge of the development and adoption of standards in New Zealand. The New Zealand Standards Council used to oversee their development and adoption, and was responsible for approving or rejecting them. Under the new Act, the New Zealand Standards Council was dismantled, and most of its functions were transferred to an official appointed as New Zealand Standards Executive in the MBIE. Standards New Zealand is now the operational arm of the New Zealand Standards Executive and a unit within the MBIE. The Standards and Accreditation Act 2015 also provides for the establishment of the New Zealand Standards Approval Board
3.97. The New Zealand Standards Executive manages and coordinates: (i) the formation of standards development committees; (ii) the development of new standards by the committees; and (iii) the review of existing ones. The New Zealand Standards Executive also informs Ministers on the review or revocation of compulsory standards (i.e. technical regulations) before such a proposal is referred to the Standards Approval Board for consideration.[173] Standards are compulsory if they are cited or incorporated by reference in any Act or regulations. All products C imported or domestically produced C must comply with the corresponding technical regulation to be sold in New Zealand
3.98. The Standards Approval Board consists of five to seven members appointed by the Minister of Commerce and Consumer Affairs. Its main functions are to approve: (i) the composition of the standards development committees; and (ii) the standards developed by these committees, and their amendments. The Standards Approval Board is also responsible for approving the archiving and revocation of New Zealand standards, as well as advising the Minister on priority areas for their development and review, or any other related matter.[174] With a view of streamlining the administration of standards (and their development and review), under the Standards and Accreditation Act 2015 the review or revocation of compulsory standards no longer require ministerial approval.[175]
3.99. Standards New Zealand continues to be the country's national standards body, and as such is the leading developer of standards and the country's representative at the international level. It participates in the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC). Standards New Zealand also operates the National Enquiry Point under the WTO Agreement on Technical Barriers to Trade (TBT), and in accordance with the relevant Memorandum of Understanding (MOU) with the Ministry of Foreign Affairs and Trade (MFAT). Standards New Zealand is financially independent and operates on a cost recovery basis