YEAR ENDED 30 JUNE 2012

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ENVIRONMENTAL PROTECTION AUTHORITY ANNUAL REPORT

YEAR ENDED 30 JUNE 2012

C.23

ENVIRONMENTAL PROTECTION AUTHORITY ANNUAL REPORTYEAR ENDED 30 JUNE 2012

Level 10 215 Lambton Quay Wellington 6011 New Zealand +64 4 916 2426

www.epa.govt.nz ISSN 1177-6692 (Print) ISSN 1177-6706 (Online)

BP House

Customhouse Quay www.epa.govt.nz

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Prepared in accordance with s.150 of the Crown Entities Act 2004

This work is licensed under the Creative Commons Attribution 3.0 New Zealand licence.

In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work to the Crown and abide by other licence terms.

This document is available on our website www.epa.govt.nz ISSN 1177-6692 (Print)

ISSN 1177-6706 (Online)

Annual Report

ENVIRONMENTAL PROTECTION AUTHORITY Te Mana Rahui Taiao

Year ended 30 June 2012

BP House www.epa.govt.nz

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OUR VISION

We will enable better future environments for New Zealanders by being a world leading regulator.

OUR VALUES

we make a difference

we are a great place to work

we are totally professional

we learn

we are easy to deal with

we deliver we are well connected

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This is the first Annual Report of the Environmental Protection Authority (EPA), a new Crown agent, with a new Board and new responsibilities. We carry forward the legacy of the agencies that worked to produce an integrated organisation: the Ministry for the Environment, the Ministry for Economic Development and the Environmental Risk Management Authority.

The EPA was established to be New Zealand’s national environmental regulator. Our legislated responsibilities include managing nationally significant proposals under the Resource Management Act (RMA), regulation of hazardous substances and new organisms (HSNO), administration of the New Zealand Emissions Trading Scheme (ETS), and the regulation of ozone-depleting substances and hazardous waste. We are the agency nominated to make decisions on applications for marine consents, for monitoring, compliance and enforcement under the recently enacted Exclusive Economic Zone (EEZ) legislation.

To help undertake our responsibilities we have focused in our first year on bringing together people, systems and strategies. We completed an internal restructure to better align skills and functions, adopted a new vision and values for the organisation, worked on developing a new organisational culture, and prepared for a move to new accommodation.

We have ensured that we have the capability to carry out our legislative requirements, and have been reviewing and upgrading the processes we use - for example, to import or export hazardous substances, to apply for emission units, or to ensure that Boards of Inquiry are well supported – to make them as efficient, accurate and effective as possible. We are pleased that, throughout all the changes in our first year of operation, we maintained our services to the satisfaction of the majority of our external customers. In a recent survey, some 78 percent of our customers said they were very satisfied or satisfied with the service they had received from the EPA.

Underpinning all our work is a drive to raise our capability and performance and deliver better value for money to taxpayers, consistent with protecting people and the environment. Our focus throughout the year has been to contain costs, and where possible, reduce them. As a result, the contingency sum of $1.5 million that was appropriated to cover any additional set-up costs for the EPA was not required and we have advised the Ministry for the Environment accordingly that the funds can be returned to the government.

Just some of the operational highlights of our year have included our advisory and support roles in the Board of Inquiry decisions on the Wiri Men’s Prison, Turitea Wind Farm, Transmission Gully Plan Change and Transmission Gully Notices of Requirement and Resource Consents. We considered and approved an application for a biocontrol agent (a rust fungus) to combat the invasive weed lantana, and also approved the release of a parasitoid wasp to control codling moth, which is a major pest to New Zealand’s apple growers. We introduced a standard and issued guidelines for tattoo inks, and also made a number of changes to the standards for cosmetic products, which included a requirement to list nanomaterials on the label from July 2015.

The number of non-forestry participants in the Emissions Trading Scheme has more than doubled during the 2012 financial year to reach 286, as several new sectors were brought into the Scheme, including waste, agriculture and synthetic greenhouse gases. This expansion of the ETS resulted in series of new challenges for the EPA as we worked to enrol and educate a variety of participants with differing levels of knowledge of the ETS. We have also worked with the Ministry for the Environment to prepare to undertake our new responsibilities under the EEZ legislation.

Introduction

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As a new organisation we have worked hard to ensure that our networks across government and with groups such as Māori, community agencies, industry, and professional associations are well maintained. We have begun hosting an annual Māori Environmental Management Hui that provides a good opportunity for iwi/Māori, government agencies and industry groups to discuss environmental issues that can often provoke heated and impassioned debate. We were also delighted to be able to transfer the successful statutory Māori Advisory Committee (Ngā Kaihautū Tikanga Taiao) model into the EPA, maintaining our strong and credible reputation in the Māori environmental management space.

Our international linkages are also a key feature of our work, as they provide information that informs our decision making and policy development. We have forged relationships with other international pesticide regulators to enable us to harmonise regulatory approaches, and we have contributed to the Montreal Protocol and international decision making on the safe use of mercury.

We would like to thank members of the Board and the staff of the EPA for their hard work during our first year. In particular the knowledge and work of Richard Woods CNZM, who retired on 30 June from the role of Deputy Chair of the Board, was of enormous benefit during our transition from three agencies into one. We look forward to building a solid base for our governance and operational responsibilities in the coming year.

Kerry Prendergast CNZM Tim Lusk

Chair Chair Audit and Risk Committee

Environmental Protection Authority Environmental Protection Authority

30 October 2012 30 October 2012

Rob Forlong Chief Executive

Environmental Protection Authority 30 October 2012

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Our first year as the EPA

Our first year has been one of transition – merging staff from three agencies into one to administer five diverse functions while preparing to manage a sixth. The integration was a challenge but there was no interruption in service to our customers. A benchmark customer satisfaction survey showed that satisfaction with our services currently stands at 78 percent.

Highlights

Working smarter with technology

We used electronic technology to make the application process smoother for submitters, the applicants and the Board of Inquiry for the Transmission Gully proposal. Using technology in this way reduced the amount of paper needed, made the hearing more efficient, made it easier for all parties to access up to date information, and reduced environmental impacts.

Emissions Trading Scheme

We are involving applicants, participants and traders as we further develop our processes and information about the Scheme. We have reduced errors in applications and continued to enhance the security of the New Zealand Emission Unit Register to protect data and participant information.

Streamlining application processes

Streamlining routine applications to import or manufacture low-risk new organisms and hazardous substances has reduced application processing times significantly. We are continuing to review ways to improve compliance with HSNO controls.

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Working with Māori

We ran a successful campaign on improving the safe use of LPG on marae this year. The project had the support of Te Puni Kōkiri and the LPG Association to ensure that regulatory standards for the safe storage and use of LPG on marae were achieved.

Keeping New Zealanders safe

In November 2011, we approved a new standard to better manage the risks associated with tattoo inks and permanent makeup substances. An increasing number of New Zealanders are choosing to get tattoos, so tattoos and the inks used in them need to be safe.

Reducing environmental risk

Anti-fouling paints are commonly used to reduce the build-up of microorganisms, plants and algae (biofouling) on surfaces submerged in water, such as the hulls of vessels. We are reassessing all biocides used as active ingredients in antifouling paints that are imported, manufactured and used in New Zealand. Biocides can be harmful to human health and the aquatic environment.

Working across agencies

A team from the EPA worked with Customs New Zealand and the Ministry for the Environment to streamline the process for the management of hazardous waste – in particular e-waste for export. This helps organisations collecting and exporting computers and televisions for recycling overseas to comply with regulations and meet New Zealand’s obligations under the Basel Convention.

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THE YEAR IN REVIEW

HOW OUR PAST YEAR’S WORK

HAS CONTRIBUTED TO

OUR OUTCOMES AND

INTENDED RESULTS

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The Environmental Protection Authority has been operating as a Crown Agent since 1 July 2011. Our first year has been one of transition; merging staff from three agencies into one to administer five diverse functions while preparing to manage a sixth. The transition brought together

responsibility for managing proposals of national significance under the RMA, the management of the Hazardous

Substances and New Organisms (HSNO) Act, regulation of ozone-depleting substances, regulation of certain chemicals and hazardous waste controlled by international environmental agreements, and functions related to the administration of the Emissions Trading Scheme. The EPA also provides advice to the Ministry of Foreign Affairs and Trade on environmental impact assessments for activities in Antarctica. In addition, we have been preparing for the extension of our resource management responsibilities to our oceans through the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 recently passed by Parliament.

Our new organisational structure was put in place towards the end of the financial year, and we moved to new accommodation after the year end (in August 2012). The integration of staff, functions, records and IT systems from three different organisations was a challenge but there was no interruption in service to our customers.

This journey is far from over. We are still assessing our various areas of work, aligning our systems by function rather than by legislation. Additional requirements in the 2012-13 financial year, for example EEZ legislative requirements, must be met within budget limits. We have a new Board, with governance responsibilities for environmental issues.

Our strategic direction, agreed in April 2012, has involved developing our vision and values, clarifying our various legislative responsibilities, and ensuring a firm basis for our longer term planning. We have started to collect data on our performance which will inform our decision making both in the short term for regular reporting and as longer term requirements become clear.

We undertook a benchmark customer satisfaction survey during the year as it is our aim to ensure that our services are efficient and effective, that we are professional and deliver on our responsibilities, and that we are easy to deal with as an organisation. Baseline data this year shows that overall satisfaction with our services currently stands at 78 percent. We are reviewing the detailed results with a view to making improvements where indicated. We also conduct semi-structured interviews with key stakeholders, in order to incorporate their feedback into improvements in our service delivery. In 2012-13 we will benchmark our performance against similar organisations, both in New Zealand and abroad.

WORKING SMARTER

Transmission Gully Notices of Requirement and Resource Consents

The Minister for the Environment directed the New Zealand Transport Agency, Porirua City Council and Transpower New Zealand Limited’s applications to a Board of Inquiry in September 2011. We used several strategies to make the application process smoother for submitters, the applicants and the Board of Inquiry and to work as efficiently as possible.

The Transmission Gully proposal was the first to have all documents distributed electronically, increasing the speed of information circulation and reducing the amount of paper – substantial when there are 70 individual submitters and three applicants. Board of Inquiry members used computer tablets to access their documentation and correspondence, including during the five-week hearing, significantly reducing courier costs and printing requirements. Use of our website by counsel for submitters during the hearing reduced the amount of storage required in the Inquiry for papers and the amount of paper moved between offices, and increased the speed of access to documents. Using technology in this way reduced the amount of paper needed throughout the application process, made the hearing more efficient, made it easier for all parties to access up to date information, and reduced environmental impacts. Also, a “Friend of Submitter”

was appointed to assist submitters to understand the application process, and to group submitters who had similar points to make.

Our first year as the EPA

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The Board issued its final decision in June 2012, before the nine month statutory deadline of 18 June 2012. The EPA received good feedback from the applicants, local councils and Board members about our management of the process, including how we used our website and our communication practices. We continue to review our processes within our various roles and responsibilities with Boards of Inquiry in order to ensure the best outcome within a tightly managed budget.

Emissions trading

Improving customer service has been a key goal for the year.

We have been refining our documentation and processes to reduce errors in participants’ applications. This effort has seen error reductions of up to 50 percent in certain areas. We have continued to enhance the security of the New Zealand Emission Unit Register to protect data and participant information. We are also beginning to involve applicants, participants and traders as we further develop our processes and information about the Scheme.

Streamlining HSNO application processes Streamlining routine applications to import or manufacture low-risk hazardous substances has reduced application processing times significantly. The number of hours per application has halved from 70 to 35 hours, and the number of working days taken to process these applications has fallen from a median 66 working days to 30 working days, well under the statutory timeframes of between 60 and 100 working days.

In late 2011, we refined our process for assessing applications for new hazardous substances coming into New Zealand, often with large data packages, to improve efficiency and make better use of the work of other overseas regulators. This has seen a decrease in median costs from

$26,000 per application to $13,000.

Reducing costs to applicants through group standards

The EPA’s HSNO approval mechanism of group standards offers a unique way to manage the risk posed by substances with like properties and/or applications.

This past year, we approved a new group standard for substances containing pheromones for insect control.

Pheromones are used to assist in estimating insect density, disrupt the behaviour of pests, or control damage caused by them. The new standard means that companies will no longer have to apply for individual HSNO approvals for each new formulation, providing the formulation falls within the criteria of the standard.

We are currently assessing a suite of veterinary medicine group standards. If these group standards are approved they will mean companies importing or manufacturing veterinary medicines will not need to apply for individual HSNO approvals, reducing time and cost.

Improving compliance with new organism controls We are continuing to review ways to improve compliance with new organism controls. For example, a one-year trial is underway at the University of Otago looking at the effectiveness of a single set of outcome focused controls to maintain containment of routine laboratory organisms.

WORKING ACROSS AGENCIES

Working internationally

For the first time, we are working jointly with the Australian Pesticides and Veterinary Medicines Authority (APVMA) on an application to import the flammable gas ethanedinitrile (EDN) for use as a fumigant of soil, grain, logs and timber.

EDN is a potential replacement fumigant for methyl bromide. There is relatively little data currently available on the substance and we are working together with the Australian regulators to ensure the best information is available before making a decision. We are developing a Memorandum of Understanding with the APVMA to confirm our shared understanding of the issues, mutual acceptance of classifications and chemical assessments and joint contributions to international regulatory programmes.

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E-waste

A team from the EPA has worked with Customs New Zealand and the Ministry for the Environment to streamline processes for the management of hazardous waste, in particular e-waste for export. This has helped organisations which collect and export computers and televisions for recycling overseas to comply with the requirements for a permit from the EPA and meet New Zealand’s obligations under the Basel Convention. Working together also helps the EPA to manage its workflow, as we need to work with overseas authorities to get their approval to allow the waste to be imported by them.

This collaboration benefits applicants who may be unsure of their obligations, and the Ministry for the Environment, which funds correctly-permitted e-waste exports.

Emissions Trading Scheme

While the Ministry for the Environment has overall responsibility for the Climate Change Response Act, the Scheme operations are jointly governed and delivered by the Ministry, the EPA, the Ministry for Primary Industries and the Treasury. We have developed the ETS Operations Manual, which specifies interagency operational procedures such as information sharing protocols and other areas of cooperation.

Secondments

We are keen to share experience and ideas across government and within the natural resource sector in particular. We have seconded staff members to the Ministry for the Environment and to the Ministry for Primary Industries. Staff have also been seconded to the Parliamentary Commissioner for the Environment, to assist with the review of hydraulic fracturing (‘fracking’) and to the Canterbury Earthquake Recovery Authority, to assist with the Christchurch rebuild. These staff are working on projects that will build their knowledge and expertise and utilise EPA expertise. We have seconded a staff member in from the Ministry of Primary Industries who brings project management expertise and experience with fisheries management, which is useful for our EEZ policy work, and another from the Ministry for the Environment to assist with Resource Management Act issues.

Kaupapa Kura Taiao

Our Māori Policy and Operations Group, Kaupapa Kura Taiao, is working to establish collaborative relationships with counterparts in other agencies including the Ministry for the Environment, Ministry for Primary Industries, Ministry for Business, Innovation and Employment, Te Puni Kōkiri, and the Department of Conservation as well as with Te Ohu Kaimoana and the Office of Treaty Settlements. Our aim is to facilitate a joined-up government approach to engaging with Māori at an operational environmental management level.

Exclusive Economic Zone responsibilities The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill passed into law on 3 September 2012. Once regulations are promulgated (expected in 2013), we will have new functions in deciding marine consents, as well as monitoring and enforcement of the environmental effects of activities in the EEZ.

We have worked closely with the Ministry for the

Environment throughout the development of this legislation, such as assisting in advising the Select Committee. Our new regulatory role is designed to align with other marine legislation, and as such we are working collaboratively with the Ministry for Business, Innovation and Employment, the Ministry for Primary Industries, Maritime New Zealand, and the Department of Conservation.

WORKING WITH MĀORI

Safe use of LPG on marae

We ran a successful campaign on improving the safe use of LPG on marae this year. The project had the support of Te Puni Kōkiri and the LPG Association to ensure that regulatory standards for the safe storage and use of LPG on marae were achieved.

Environmental management hui

The EPA continues to value the contribution of iwi/Māori to its decision making and activities and hosted the inaugural Māori Environmental Management Hui, in collaboration with Te Puni Kōkiri, bringing together Māori, government agencies and industry participants.

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We also began the process of establishing a framework for ensuring a consistent approach and expectations of iwi/

Māori engagement for applications to the EPA, regardless of legislative function. We are working with other agencies to provide a high-level, principles-based approach that aims to achieve efficiency and effectiveness across the sector.

KEEPING NEW ZEALANDERS SAFE

Tattoo inks and permanent makeup

In November 2011, we approved a new standard to better manage the risks associated with tattoo inks and permanent makeup substances. An increasing number of New

Zealanders are choosing to get tattoos, so tattoos and the inks used in them need to be safe. The new standard is in line with international best practice. In preparing the standard, we consulted with professional tattooists, beauty therapists and health agencies. The standard and accompanying guidelines are intended to look after the health of people working in the industry as well as those receiving tattoos and permanent makeup procedures.

Cosmetics and nanomaterials

New amendments to the Cosmetic Products Group Standard were approved this year, including aligning the definitions of some cosmetic products with European Union legislation and requiring manufacturers to provide batch and source code information on cosmetic labels, which is helpful for identifying products subject to a recall. In addition, the substance o-aminophenol has been prohibited in hair dyes, as it is currently unclear how safe it is. Another amendment means that from 1 July 2015, the presence of nanomaterials in cosmetic products available in New Zealand must be identified on labelling.

Tooth whitening products

We introduced new restrictions on the concentrations of hydrogen peroxide in tooth whitening products that may be supplied, and rules on who can apply such products to members of the public.

Recall of baby wipes with iodopropynyl Supermarkets voluntarily recalled baby wipes with iodopropynyl butylcarbamate in them. Our Cosmetics

Products Group Standard sets maximum levels for its use in deodorants and some cosmetics, including young children’s bath products, shower gels and shampoos. It is banned from other cosmetic products for children under the age of three years, and from oral hygiene and lip products, body lotions and creams for any age.

REDUCING ENVIRONMENTAL RISK

Organophosphates and carbamates During the year we widened the scope to reassess organophosphate and carbamate insecticides from four to 36 substances. Organophosphate and carbamate insecticides are used on a variety of agricultural and horticultural crops in New Zealand. These insecticides may be harmful to human health and the environment at relatively low concentrations. Over the past few years, we have reassessed three organophosphates. The approval for methyl-parathion was revoked, azinphos-methyl is being phased out, and the plant protection uses of trichlorfon have been phased out. Applications for a further four organophosphates – dichlorvos, acephate, methamidophos and diazinon – were notified. In light of the information received during the latter reassessments, we broadened our approach to reassess the entire group of organophosphate and carbamate insecticides.

This is a new approach to reassessments, which weighs up risks and benefits across a group of substances rather than dealing with each in isolation. It means that we can avoid unintended consequences where regulatory action on one substance might result in increased risk from another, and it will give greater certainty for industry around the tools available to them in the future. We are also using this approach in our work in reassessing anti-fouling paints.

Anti-fouling paints

These paints are commonly used to reduce the build- up of microorganisms, plants and algae (biofouling) on surfaces submerged in water, such as the hulls of vessels.

We are reassessing all biocides used as active ingredients in antifouling paints that are imported, manufactured and used in New Zealand. Biocides can be harmful to human health and the aquatic environment. We are working closely

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with stakeholders to assess the risks and benefits of using these paints, as well as possible risk management options.

The results of the formal reassessment may mean that some biocides may be withdrawn because of the risks they pose, and stricter controls on other biocides will reduce the potential risk to human health and the aquatic environment.

New pest poisons

New pest poisons (vertebrate toxic agents) containing two new active ingredients have been approved for use. PAPP (para-aminopropiophenone) is a paste available for use in meat-based baits to kill feral cats and stoats. MZP (micro zinc phosphide) is a microencapsulated formulation of zinc phosphide, used as paste to poison possums in bait stations. They both use novel toxicological properties of active ingredients developed by New Zealand experts and not widely used overseas. The use of these novel poisons in specialist applications is likely to reduce the risk of poisoning non-target species, such as dogs and native birds.

COMPLIANCE AND NEW KNOWLEDGE

Working with test certifiers

Test certifiers provide third party verification of compliance with certain hazardous substance regulations. They are an integral part of the overall HSNO compliance regime. During the year, the EPA continued to support the test certification regime by hosting a series of test certifier workshops, providing guidance and technical advice, including the monthly publication Test Certifier Update, and by undertaking audits to assist continuous improvement in their activities. The EPA also maintains a secure web site where test certifiers can access the test certificate register and other information relevant to their business.

HSNO enforcement

We completed our annual survey of the 87 agencies responsible for HSNO enforcement. In each of the past four years we have written to the Minister for the Environment advising that there is insufficient inspection and enforcement in relation to hazardous substances in workplaces. The Ministry of Business, Innovation and Employment – the

enforcement agency responsible for hazardous substances in the workplace – has worked hard to develop its capability to ensure that industry and businesses comply with the HSNO Act requirements. However, we still consider the resources set aside for HSNO Act enforcement insufficient.

Industry compliance with hazardous substance controls

A nationwide survey was undertaken of 400 businesses covering a cross-section of industries using hazardous substances to estimate the level of compliance across eight key hazardous substance controls. The controls included test certification, minimising worker exposure to hazardous substances and emergency preparedness. The survey involved a face-to-face interview with the person responsible for hazardous substance management on the site.

Unfortunately only 25 percent of businesses were fully compliant across all eight controls. A further 30 percent of businesses complied with seven of the eight controls, with all businesses complying with at least one control.

The study found that, generally, businesses want to comply, but find it difficult in a number of areas. Small to medium enterprises in particular find it harder to comply than large businesses.

ETS information and education

The Emissions Trading Scheme continues to break new ground: we are working with the Ministry for the Environment and the Ministry for Primary Industries on improving the flow of information to ETS participants and into the public arena. Issues around the commercial sensitivity of information have been effectively managed, improving the public’s understanding of the Scheme and ensuring that it works in a transparent manner. This flow of information and other data analysis will inform our understanding of how well the Scheme is working and drive our future planning. To educate new participants on the Scheme, we have provided joint workshops with the Ministry for Primary Industries for participants from the agricultural sector and with the Ministry for the Environment for participants from the synthetic greenhouse gases and waste sectors.

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REDUCING COSTS AND CREATING CONSISTENCY IN PROCEDURES

Our focus throughout the year has been to contain costs, and where possible, reduce them.

The organisational restructure has ensured that all applications staff, whether for hazardous substances, new organisms or for larger infrastructure projects are in one team to align procedures and learn from each other. Similarly, staff are encouraged to attend various fora across government, which allows for cross fertilisation of ideas, shared experiences and consistent best practice.

We have worked with the Ministry for the Environment to share common services such as internal audit, and use supply panels of experts for our procurement processes which ensure good quality services and products at least cost to the organisation. We use government procurement services for computers, office consumables, air travel and legal services, which has led to savings of around 21 percent for the 2011-12 year.

Through these various examples the contingency sum of

$1.5 million that was appropriated to cover any additional set-up costs for the EPA was not required and we have advised the Ministry for the Environment accordingly that the funds can be returned to the government. We also generated a surplus of $1,183,000 compared to a balanced budget.

During the year we completed work on two applications from a group of New Zealand universities, Crown Research Institutes and independent research organisations for the use of genetically modified (GM) Arabidopsis thaliana in containment.

Arabidopsis thaliana, also known as Thale cress, is used worldwide to study plant biology and genetics. The purpose of the applications was to ensure that all GM Arabidopsis research in New Zealand is subject to controls allowing for consistent compliance requirements and enforcement. The two applications were approved in July 2012.

LOOKING TO THE FUTURE

EEZ legislation

Until the EEZ legislation comes into effect, voluntary interim measures have been established by Cabinet, whereby industry is invited to submit Environmental Impact Assessments (EIA) for petroleum related activities only, to the EPA for review. The process is intended to foreshadow what will be required under the EEZ legislation, when all marine consent applications must be accompanied by an EIA.

To date we have received one EIA for exploratory drilling to assess. We have been advised that a further two could be provided to us prior to the passing of the regulations. We are working with the Ministry for the Environment to ensure that a robust regulatory and compliance framework is in place on time.

HSNO compliance

We are working with the Labour Group of the Ministry for Business, Innovation and Employment to improve industry knowledge and compliance with the HSNO legislation, and with the Ministry for the Environment to ensure a better legislative framework for the future management of hazardous substances.

Reassessments

The EPA has a commitment in its Statement of Intent to have reassessed 20 hazardous substances on the Chief Executive’s list within a five-year period ending 30 June 2013. Eight had been completed by June 2012. The work underway on the group of organophosphates and carbamates, plus the reassessment of anti-fouling paints will meet our target.

Benchmarking our performance

During the 2012-13 year we will be benchmarking our performance against a range of similar agencies, both in New Zealand and abroad. One of the aims of the project is to learn and share best practice across a range of indicators. We will monitor our performance so that we can improve over time.

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OUR OUTCOMES FRAMEWORK

Note: These Outcomes and Impacts are from our latest Statement of Intent 2012-17. The previous Statement of Intent 2011-14 was a transitional document, written before the EPA started its operations, and before other aspects of its work were defined. The outcomes and impacts from the current Statement of Intent 2012-17 better reflect the direction and priorities of the EPA over the medium term.

Improve the

implementation of the resource management framework to manage environmental effects and allocate resources within environmental limits.

Achieve better solutions to environmental problems by supporting community and Māori involvement and action, and international cooperation.

Decrease New Zealand’s net emissions of greenhouse gases below business as usual levels in a cost-effective way.

Reduce harm from chemical and biological hazards and from hazardous waste through more effective management frameworks.

New Zealand’s environmental management systems are strengthened and supported so that they can achieve the greatest overall environmental, economic, social and cultural benefits.

New Zealand becomes a successful low carbon society that is resilient to climate change impacts on its climate, economy and lifestyle.

LONG TERM OUTCOMESIMPACTSMETHOD

Emissions Trading Scheme

» Administration of the ETS.

» Operation of the New Zealand Emission Unit Register.

Oversight of compliance and enforcement

» HSNO, ozone-depleting substances, and hazardous waste compliance and enforcement.

» Promoting awareness and compliance.

Decision making

» New organisms decision making.

» Hazardous waste, ozone- depleting substances and hazardous substances-related decision making.

» Resource management decision making.

Supporting environmental management

» Government policy, legislation and international activities.

» Resource management advice and support services.

OUTPUTS

Maximise the value of the ETS as a key intervention to decrease New Zealand’s net emissions of greenhouse gases by:

» building relationships, educating and assisting participants, account holders and eligible entities to enable them to receive entitlements and meet obligations

» managing the New Zealand Emission Unit Register and the Scheme to provide confidence in their security and integrity and user satisfaction with the quality of the service experience

» using operational insights to actively influence both the achievement of current policy intent and the continuous improvement of the regulatory framework

» participate in building internal capability to meet increasingly complex external threats and opportunities.

Make timely, balanced decisions.

Ensure decision making is robust, transparent and cost effective.

Facilitate effective participation and relationship management of Māori and other stakeholders in decision making.

Raise public awareness of what is required to comply with relevant controls (international and domestic).

Monitor external enforcement agencies’

management of the risk of harms.

Ensure that chemical and biological approvals prevent or manage adverse effects.

Assist enforcement agencies, manufacturers, importers and end users to understand HSNO controls.

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PROGRESS TOWARDS OUR INTENDED RESULTS

The most direct measure of the EPA’s performance is how successfully we are delivering our services (outputs). Each output has one or more performance measures which are monitored throughout the year. See our Statement of Service Performance, starting on page 22, for more information about our outputs.

We are also working to identify better measures of whether we are having an impact on the bigger issues to which our work contributes. Currently we have identified four impacts, as shown on page 16 and six measures to track our progress over time.

IMPACT MEASURES THAT WILL SHOW OUR PROGRESS OVER TIME

Downward trend in the number of serious harm injuries, fatalities and catastrophic events resulting from the use of hazardous substances and new organisms

During the year we received reports of 11 Level 3 (moderate) incidents involving hazardous substances and two

incidents at the same level involving new organisms. This is comparable with previous years’ data collected by the Environmental Risk Management Authority (see Appendix 2 for further details of incidents during the year). There were no incidents at higher levels. Work is continuing on improving ways to engage with industry and professional groups, educate the general public and help enforce regulations in order to reduce serious harm injuries in the longer term.

These incidents are analysed and the lessons learnt are disseminated to relevant organisations and individuals.

No EPA-approved organisms become a pest, weed or disease

A review of 22 biocontrol agents approved for release between 2000 and 2011 found no evidence indicating that the organisms have become pests or weeds¹.

Support Boards of Inquiry that make the resource management decisions

We supported Boards of Inquiry for the Men’s Prison at Wiri, Transmission Gully Plan Change and Transmission Gully Notice of Requirement and Resource Consents through our advisory and support functions. This included media liaison, advising on applications and issues, receiving and processing submissions, managing exchange of evidence between parties, setting up and running the hearings process and assisting the Boards with their draft and final decisions.

The New Zealand King Salmon Company Limited (NZKS) submitted a proposal to us for additional marine space in the Marlborough Sounds. The NZKS Board of Inquiry was established in November 2011. It considered and accepted the plan change request, and consulted on it once it was prepared. We received and processed more than 1,200 submissions on the proposal.

The Minister has also appointed a Board of Inquiry to hear the application for the MacKays to Peka Peka Expressway.

We received over 700 submissions on this application by August 2012.

We have developed a proposal, currently with the Acting Principal Environment Court Judge for comment, describing a standard process for how we can work more effectively with Boards of Inquiry in the future. This document is intended to provide Board of Inquiry members with clarity about our role in the decision making process.

1 Monitoring the Effectiveness of the Hazardous Substances and New Organisms Act 1996, Report to the Minister for the Environment, July 2012.

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Relationships with Māori and community groups are such that useful feedback is obtained to inform better solutions

Kaupapa Kura Taiao has taken a consultative approach to the review of the EPA’s policies and processes relating to iwi/Māori participation. Feedback from iwi/Māori nationally (including through our Māori National Network) has been sought on a range of initiatives this year including the review of our policy for engaging with Māori, the development of operational processes for the involvement of Māori in decision making, and guidance material and information relating to our functions. We have also begun the review of our Māori National Network to ensure we have the best model for efficient, effective and high quality iwi/Māori participation in our activities. We continue to support and facilitate effective iwi/Māori engagement across our decision-making functions by working closely with applicants and affected iwi/Māori groups on specific applications.

The price on carbon influences business and individuals to change behaviour to reduce emissions

Due to the relative youth of the Emissions Trading Scheme, the EPA is still gathering baseline data upon which performance can be measured. By introducing a market- based pricing function for carbon emissions, the ETS is

beginning to encourage carbon-emitting industries to invest in new technologies and practices to reduce the amount of carbon produced during their production processes. While the low price of carbon has reduced this incentive, the effects of the ETS can be seen with the development of new business practices – practices that will have increasing economic impact as the price of carbon units rises in the long-term.

An example is the development of alternative refrigerants, allowing for the destruction of refrigerants with high global warming potential. A growing number of commercial refrigeration facilities have moved away from refrigerants of this type, such as hydrochlorofluorocarbons, and instead are using alternatives such as carbon dioxide.

Participants’ emissions intensity decreases relative to production. (An upward trend in Unique Emissions Factor applications) During the year, the EPA received five applications for consideration of Unique Emissions Factors (UEF). Ten companies have now applied for UEFs, with more expected in the 2012-13 financial year as the waste sector enters the scheme. The total number of UEFs granted indicates that a growing number of firms are adopting technologies or practices to reduce their emissions in order to lower their ETS compliance costs.

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Kerry Prendergast CNZM Tim Lusk

Chair Chair Audit and Risk Committee

Environmental Protection Authority Environmental Protection Authority

30 October 2012 30 October 2012

Statement of Responsibility

FINANCIAL COMMENTARY

The year-end result was a surplus of $1,183,000, compared with a balanced budget. The surplus was due to lower expenditure and revenue. There were fewer Nationally Significant Proposal applications than budgeted, each of which cost less than expected. Further reductions in expenditure resulted from efficiency gains, a conservative budget for our first year of operation and timing differences in incurring transition expenditure.

In the EPA’s first year of operation, we identified synergies between our activities and made efficiency gains in our operations. The establishment of the EPA was completed when the functions and staff of the Emissions Trading Scheme joined us in December 2011.

STATEMENT OF RESPONSIBILITY

The Board of the Environmental Protection Authority is responsible for the preparation of the EPA’s financial statements and statement of service performance, and for the judgements made in them.

The Board has the responsibility for establishing and maintaining a system of internal control designed to provide reasonable assurance as to the integrity and reliability of financial reporting.

In the Board’s opinion, these financial statements and statement of service performance fairly reflect the financial position and operations of the Environmental Protection Authority for the year ended 30 June 2012.

The major capital expenditure project this year was the accommodation project, which started when the lease for the new office premises was signed in November 2011.

The accommodation project was still work-in-progress at 30 June 2012. Other capital expenditure projects completed were computer hardware for the network infrastructure and workstations, furniture and office equipment for staff, and software development for new functions. Overall, the capital expenditure for the year was $2,278,000, with a further $987,000 capital expenditure committed but not yet incurred. The capital expenditure budget for the year was $4,351,000.

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SERVICE PERFORMANCE

THE OUTPUTS WE ARE

FUNDED TO DELIVER AND

OUR SERVICE PERFORMANCE

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This section summarises the EPA’s performance against the output performance measures set out in the Statement of Intent 2011-14, as reflected in the Output Agreements 2011-12 with the Ministers for the Environment and Climate Change. For each output expense, we have assessed whether we have met each of the targets associated with each of the measures, and have provided an explanation where there is a significant difference between the target and what we achieved.

The development of robust and meaningful performance measures and targets is an ongoing process. Historic measures relating to performance of the functions prior to the establishment of the EPA do not necessarily translate into the new EPA operating environment, especially when we are still in a dynamic state. The achievement of measures set prior to the financial year under review may be affected by changes to the structure and direction of the new organisation as it becomes more certain of its priorities and direction. Where this is the case, explanations have been given against the results for the year.

Our Outcomes Framework on page 16 sets out the linkages between our output expenses, intended results (impacts) and outcomes in more detail.

Cost of outputs for the year ended 30 June 2012

ACTUAL 2012

$000

BUDGET 2012

$000

Revenue 23,900 44,751

EXPENDITURE

Output 1 - New organisms decision making 1,528 2,187

Output 2 - Hazardous substance, ozone-depleting substance and hazardous waste decision making 4,085 4,871

Output 3 - Resource management decision making 4,828 24,074

Output 4 - Hazardous substance, new organism, ozone-depleting substance and

hazardous waste compliance and enforcement 1,894 2,488

Output 5 - Promoting awareness and compliance 663 764

Output 6 - Government policy, legislation and international activities 1,994 2,009

Output 7 - Resource management advice and support services 1,821 2,911

Output 8 - Administration of the Emissions Trading Scheme² 2,889 2,667

Output 9 - Operation of New Zealand Emission Unit Register² 1,080 780

EPA transition³ 1,935 2,000

TOTAL EXPENDITURE 22,717 44,751

SURPLUS/(DEFICIT) 1,183 -

OUTPUT PERFORMANCE

Vote Environment

Work under Vote Environment relates to the Government’s aim to achieve better solutions to environmental problems and improve the resource management framework.

Statement of service performance for 2011-12

2 Actual expenditure for seven months compared with budgeted expenditure of six months.

3 One-off funding for EPA transition

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OUTPUT 1: NEW ORGANISM DECISION MAKING

What we delivered

We assessed and decided 49 applications and statutory determinations for new organisms in accordance with the Hazardous Substances and New Organisms Act 1996.

We developed and maintained policies and procedures relating to new organism decision making.

We implemented specific programmes focused on guiding stakeholders through the applications process, raising awareness and improving applicants’ understanding of how to make an application.

We monitored and provided oversight of decision making delegated to the Chief Executive or an Institutional Biological Safety Committee (IBSC) and provided guidance, support and advice to delegated decision makers.

How well we delivered it

PERFORMANCE MEASURES STANDARD 2011-12 ACTUAL 2011-12 STANDARD MET

The independent audit of a representative sample of decisions show that they have minimised the risks of approved organisms becoming pests and weeds or giving rise to diseases, and are compliant with the HSNO Act and relevant regulations.

100% 100% Yes

All decisions are made within the statutory timeframes. 100% 100% Yes

There are no successful legal challenges of decisions. Nil Nil Yes

So that… we reduce harm from chemical and biological hazards, and from hazardous waste through more effective management frameworks

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Further performance information

Number of new organism decisions – Part 5

APPLICATION TYPE FORECAST

2011-12 ACTUAL 2011-12

Non-GMO release and conditional release (all types) 4 5

Non-GMO containment 10 7

GMO development in containment 1 4

GMO imports into containment 1 1

GMO field tests and outdoor developments 0 0

GMO releases and conditional releases 0 0

Rapid assessments (GM and non-GM) – excluding releases 13 14

Emergencies 0 0

Minor or technical amendments 8 11

Reassessments 1 0

Statutory determinations: Determinations 1 6

Reassessments 1 0

Transhipment of a new organism 0 1

TOTAL 40 49

Non-statutory advice – present in New Zealand 30 32

Monitoring of IBSC decisions⁴ 60 39

Application for new IBSC delegation 0 0

Audit of IBSC delegation 1 1

Renewal of IBSC delegation 4 4

4 The reduction in IBSC approvals in the year is due to broader research projects now being approved by IBSCs.

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Timeliness of new organism Part 5 applications decided in 2011-12

APPLICATION TYPE

TOTAL NUMBER OF APPLICATIONS DECIDED 2011-12

MEDIAN 2011-12 (DAYS)

STATUTORY TIMING (DAYS)

NON-GMO RELEASE AND CONTAINMENT

Notified (full release) 5 60 100

Notified (conditional release) 0 N/A 100

Notified (containment) 0 N/A 100

Non-notified (containment) 7 20 60

GMO DEVELOPMENT IN CONTAINMENT

Notified 0 N/A 100

Non-notified 4 8 60

GMO IMPORT INTO CONTAINMENT

Notified 0 N/A 100

Non-notified 1 22 60

GMO FIELD TEST AND OUTDOOR DEVELOPMENTS

GMO field test and outdoor developments 0 N/A 100

GMO RELEASES

Notified (full release) 0 N/A 100

Notified (conditional release) 0 N/A 100

RAPID ASSESSMENTS

Non-GMO release 1 1 10

GMO development in containment 9 1 10

GMO import into containment 4 1.5 10

GMO releases 0 N/A 10

REASSESSMENTS

Externally generated 0 N/A N/A

Chief Executive initiated 0 N/A N/A

IMPORT OR RELEASE OF A NEW ORGANISM IN EMERGENCY

Import or release of a new organism in emergency 0 N/A 100

Import or release of a new organism in special emergency 0 N/A 100

TRANSHIPMENT

Transhipment 1 1 10

STATUTORY DETERMINATIONS

Determination on an organism 6 9 N/A

Grounds for reassessment 0 N/A N/A

MINOR OR TECHNICAL AMENDMENTS

Amendment to all application types other than rapid assessment applications 7 21 N/A

Amendment to a rapid assessment application 4 3.5 N/A

Note: Median processing days include time extensions.

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OUTPUT 2: HAZARDOUS SUBSTANCE, OZONE-DEPLETING SUBSTANCE AND HAZARDOUS WASTE DECISION MAKING

We assessed and decided 2,844 applications for hazardous substances, licences, permissions, test certifiers, equipment, codes of practice, import certificates, waivers and statutory determinations for hazardous substances in accordance with the Hazardous Substances and New Organisms Act 1996.

We issued 55 import or export permits for chemicals and wastes covered by the Stockholm, Rotterdam, Basel and Waigani Conventions in accordance with the Imports and Exports (Restrictions) Act 1988 and the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004.

We issued 178 import or export permits for ozone-depleting substances in accordance with the Ozone Layer Protection Act 1996.

We developed and maintained policies and procedures for decision making relating to hazardous substances, including the incorporation of Māori perspectives, and policies and procedures for the import, export and, where applicable, use of certain chemicals and hazardous waste.

We reviewed and reassessed hazardous substance approvals, including group standards and applications for reassessments initiated by the Chief Executive.

Audits of decisions show that they have taken into account the risks, costs and benefits relating to the import, manufacture, or use of hazardous substances, and are compliant with the HSNO Act and relevant regulations.

100% 100% Yes

All decisions are made within the statutory timeframes. 100% 88%⁵ (222 decisions from 252)

No

The Chief Executive initiated reassessment of 20 substances is

achieved within a five-year timeframe (by 30 June 2013).⁶ 20 by

June 2013 On Track

(8 completed) On Track – two groups of substances will be reassessed in 2012-13 to complete the requirement Audits show that all decisions have taken into account the

statutory requirements relating to the import and export of chemicals and waste and the import, export and use of ozone- depleting substances.

100% Some minor

non-compliance⁷ No

Audits show that the public registers are up-to-date and comply

with the relevant statutory requirements. All Some minor

non-compliance⁷ No

So that… we reduce harm from chemical and biological hazards, and from hazardous waste through more effective management frameworks

5 95% of hazardous substances applications under Part 5 of the Act met their statutory timeframes including time extensions. Test certifier applications under Part 6 of the Act met their statutory timeframes in 72% of applications. See page 27 for further performance information.

6 Due to the complexity of the reassessment process and need to give priority to Part 5 applications from external applicants, these projects usually span more than one year.

Hence, no attempt has been made to predict the number of reassessments to be completed in a single year.

7 Some minor issues such as omitting some administrative data, incorrect naming of registers and adequate documentation.

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Number of hazardous substance decisions – Part 5

2011-12 ACTUAL 2011-12

Import or manufacture for release excluding rapid assessments 65 66

Import or manufacture in containment 15 24

Emergencies 1 0

Special emergencies 1 1

Minor or technical amendments 15 5

Group standards 0 4

Rapid assessments 64 72

Reassessments 8 1

Statutory determinations 5 10

Transhipment of a hazardous substance 6 12

TOTAL 180 195

Non-statutory advice – status of substances and product labelling 550 514

Number of hazardous substance decisions – Part 6

2011-12 ACTUAL 2011-12

Test certifiers 84 72

Codes of Practice 3 8

Permits, Controlled Substances Licences and import certificates for explosives 1,333 1,941

Other Part 6 (waivers) 126 114

TOTAL 1,546 2,135

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Number of ozone-depleting substances applications

2011-12 ACTUAL 2011-12

Special Permit to import HCFC’s*

Regulation 9A 0 1

HCFC Wholesaler import

Regulation 11 4 5

Import HCFC

Regulation 9 160 120⁸

Export permit

Regulation 23 20 14

Import exemption

Regulation 33 40 27

Methyl Bromide Wholesaler import

Regulation 7(1) 1 1

Methyl Bromide replacement

Regulation 7(3) 4 10

TOTAL 229 178

*HCFC = Hydrochlorofluorocarbons

Import/export permits

2011-12 ACTUAL 2011-12

Import hazardous waste 30 30

Export hazardous waste 60 20⁹

Transit of hazardous waste 2 5

TOTAL 92 55

8 Functions under the Ozone Layer Protection Act transferred to the EPA from the Ministry of Economic Development on 1 July 2011, including forecast numbers of applications.

9 Functions were transferred to the EPA from the Ministry of Economic Development on 1 July 2011. The forecast number of applications was based on data provided by the Ministry.

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Timeliness of hazardous substance Part 5 applications decided in 2011-12

APPLICATION TYPE

MEDIAN TOTAL DAYS

TO PROCESS NUMBER OF DECISIONS

STATUTORY REQUIREMENT (DAYS)

IMPORT OR MANUFACTURE FOR RELEASE

Notified (Category A) – standard 124.5* 6 100

Notified (Category A) – risk reduction N/A 0 100

Notified (Category B) – standard N/A 0 100

Notified (Category B) – risk reduction N/A 0 100

Notified (Category C) – standard 76 1 100

Notified (Category C) – risk reduction N/A 0 100

Major issue 293* 1 100

Non-notified Category A 30 49 60

Non-notified Category B N/A 0 60

Non-notified Category C 87* 9 60

Externally generated Group Standards 133 2 160

Internally generated Group Standards N/A 0 160

Amendments to a Group Standard 66 2 160

IMPORT OR MANUFACTURE IN CONTAINMENT

Field trial 19 20 60

Export only 32 1 60

Persistent Organic Pollutants (POPs) N/A 0 60

Other purpose 27 3 60

RAPID ASSESSMENT TO IMPORT OR MANUFACTURE

Least degree of hazard 10 23 10

Reduced hazard 10 20 10

Similar composition and hazardous properties 10 29 10

REASSESSMENTS

Chief Executive initiated (full) N/A 0 100

Chief Executive initiated (modified) N/A 0 100

Externally generated (full) N/A 0 100

Externally generated (modified) 60 1 100

IMPORT OR MANUFACTURE FOR RELEASE IN AN EMERGENCY (RAPID ASSESSMENT)

Emergency N/A 0 N/A

Special emergency 5 1 10

TRANSHIPMENT

Transhipment 1 12 10

STATUTORY DETERMINATIONS

Determination on a substance 141 1 N/A

Grounds for reassessment 19 9 N/A

MINOR AND TECHNICAL AMENDMENTS

Amendment to a Category A risk reduction, rapid assessment,

containment or transhipment application 11 1 N/A

Amendment to all application types other than those listed above 23.5 4 N/A

* See Performance information on timeliness, page 30.

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Performance Information on timeliness Category A Applications

In 2011 we changed the way in which we classified applications. Notified applications are often large and complex, and take considerable time to process. Of the six notified applications in 2011-12, all but one had appropriate time extensions in place.

Major Issue Application

This pathway is used for applications for hazardous substances which are not only considered to have significant public interest but are also contentious. The application was for Micro-encapsulated Zinc Phosphide (MZP) and MZP Paste

(HSR09013) a new vertebrate toxic agent that uses the release of phosphine gas as the toxin. With no antidote for phosphine poisoning, substantial assessment was required to develop controls that would adequately manage the risks to operators, bystanders and to the environment (including non-target organisms).

Category C Applications

In early 2011, we introduced a quicker, non-notified, process for this category of applications, where one or more hazardous substances have not previously been classified and a full hazard and risk evaluation is required. The median processing time of 87 days for these applications reflects the time required to deliver robust decisions that will withstand international scrutiny.

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OUTPUT 3: RESOURCE MANAGEMENT DECISION MAKING

We managed Resource Management Act applications considered to be of national significance. These applications were submitted directly to the EPA under section 145 of the Resource Management Act 1991.

We:

» assessed an application for call-in¹⁰

» processed applications made directly to the EPA for resource consents or changes to resource consents,

» processed requests for changes to plans and notices of requirement for a designation or to alter a designation.

Decision making in relation to this output covers pre-application discussions with applicants, assessing applications, providing advice to the Minister, managing public participation through submissions and hearings, supporting Boards of Inquiry in considering applications, and releasing decisions.

All called-in applications processed within statutory timeframes. 100% N/A N/A

All applications to the EPA assessed for national significance and

a recommendation made to the Minister within 20 working days. 100% 100% Yes

All applications to the EPA that are referred to a Board of Inquiry processed within the statutory time frame of nine months, unless the timeframe is extended by the relevant Minister.

100% 100% Yes

All Boards of Inquiry are satisfied with the support provided by

the EPA. 100% 100% Yes

No decisions overturned on judicial review on a matter of process. No decisions

overturned No decisions

overturned Yes

So that... we improve the implementation of the resource management framework to manage environmental effects and allocate resources within environmental limits

10 Call in: the Minister for the Environment makes a decision on whether to direct the matter to a Board of Inquiry or the Environment Court, or to the local authority, after receiving the EPA’s recommendation.

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Number of Resource Management applications

2011-12 ACTUAL 2011-12 OUTCOME

Call-ins and other ministerial interventions Unknown 0 N/A

Applications of national significance lodged with the EPA 8 4 Details below

Transmission Gully (notices of requirements and resource consents)

Board of Inquiry decision June 2012 Whakapapa Skifield Referred to Ruapehu

District Council NZ King Salmon Board of Inquiry

underway MacKays to Peka Peka

State Highway 1. Board of Inquiry underway

TOTAL 8 4

Note: decisions on applications are made by the Boards of Inquiry, not by the EPA.

Note: The Exclusive Economic Zone (Environmental Effects) Act received royal assent on 3 September 2012. Once regulations are promulgated (expected in 2013), we will have new functions in deciding marine consent applications, as well as monitoring and enforcement of the environmental effects of activities in the EEZ.

Note: Decisions were also made on applications lodged prior to 1 July 2011; Wiri Men’s Prison, Turitea Wind Farm, and the Transmission Gully Plan Change.

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OUTPUT 4: HAZARDOUS SUBSTANCE, NEW ORGANISM, OZONE- DEPLETING SUBSTANCE AND HAZARDOUS WASTE COMPLIANCE

We coordinated and facilitated compliance, along with other agencies, with hazardous substance approvals under the Hazardous Substances and New Organisms Act 1996, Part 4 of the Ozone Layer Protection Act 1996, and the relevant provisions of the Import and Export (Restrictions) Act 1988 and the Imports and Exports (Restrictions) Prohibition Order (No 2) 2004.

We monitored and facilitated compliance with new organism approvals, including conducting necessary inquiries into new organism incidents, and developing and maintaining policies and procedures relating to new organism compliance.

All central government enforcement agencies regard the annual HSNO Act compliance activities and intentions report to be fair and accurate and consider they had an acceptable opportunity to provide input into the process and report.

100% 100% Yes

A programme of audits of test certifiers is developed and

implemented by 30 June 2012. Programme

developed and implemented

Achieved Yes

A survey shows that at least 80% of users of information and advice on hazardous substances and ozone-depleting substances find the information provided to be clear, helpful and fit for purpose.

80% 56%¹¹ No

A compliance and enforcement strategy for ozone-depleting substances, certain chemicals and hazardous waste controlled by international conventions is developed and implemented by 30 June 2012.

Completed Achieved Yes

No incidents causing adverse effects of new organisms are caused

by inadequate implementation of controls. None Achieved Yes

So that... we achieve sustainable allocation and management of New Zealand’s natural and physical resources for national benefit

11 The first EPA customer survey undertaken in June 2012 provided a benchmark measure of satisfaction with services and information, which the EPA aims to improve on an annual basis where we have fallen below our goals.

YEAR ENDED 30 JUNE 2012

ENVIRONMENTAL PROTECTION AUTHORITY ANNUAL REPORT