If your business is moving explosives through New Zealand on the way to another country (transhipping), you may need approval from WorkSafe and/or the Environmental Protection Authority (EPA).
What ‘transhipment’ means
Under the Health and Safety at Work (Hazardous Substances) Regulations 2017, transhipment means importing a Class 1 substance into New Zealand only so it can be exported again within 20 working days.
If the class 1 substance will stay in New Zealand for more than 20 working days, it is not treated as transhipment. You may instead need a Certificate to Import Explosives from the EPA.
Transhipment can include:
- the explosives staying on a ship or aircraft while in New Zealand (sometimes called ‘transiting’), or
- the explosives being unloaded for short-term storage and then exported.
What you need to do
What you need depends on:
- the ship/aircraft and crew
- whether the explosives are unloaded or stored on land, and
- whether the explosives are approved or unapproved in New Zealand.
WorkSafe permit (what it is)
A WorkSafe permit is a formal permission under the Health and Safety at Work (Hazardous Substances) Regulations 2017. In certain circumstances, it allows to modify or replace legislative requirements where it may not be practical to otherwise meet the requirements of the Health and Safety at Work (Hazardous Substances) Regulations 2017.
If a WorkSafe permit is required, the person conducting a business or undertaking (PCBU) in management or control of the relevant activity must get the permit before the transhipment happens.
If the explosives are on an NZ-flagged ship or an NZ-crewed aircraft
You need a WorkSafe permit to transport or store a Class 1 substance that is being transhipped through New Zealand if it is carried on:
- a New Zealand-flagged ship, or
- a New Zealand-crewed aircraft, or
- a foreign-flagged ship on demise charter to a New Zealand-based operator.
If the explosive substance is unapproved, you also need an EPA approval for it to be transhipped through New Zealand.
If the explosives are unloaded in New Zealand (even temporarily)
If the explosives will be unloaded at a port or airport (for example, to move them into short-term storage), the PCBU in management or control of activities – such as unloading, reloading, handling, transport by land, or storage (other than on a ship or aircraft) – must do one of the following:
- Get a separate WorkSafe permit that covers those activities, or
- Operate under another PCBU’s WorkSafe permit that covers those activities, or
- Fully comply with the relevant requirements of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (instead of using a permit).
If the explosives are on a foreign-flagged ship or a foreign-crewed aircraft
The Health and Safety at Work (Hazardous Substances) Regulations 2017 generally do not apply to:
- foreign-flagged ships (unless they are on demise charter to a New Zealand-based operator), or
- foreign-crewed aircraft.
For transhipment on a foreign ship or aircraft, you will need an EPA approval.
If the EPA says the explosives must be unloaded at the New Zealand port or airport, the EPA will advise you to contact WorkSafe.
If the explosives are unloaded from the foreign-flagged vessel or foreign-crewed aircraft and there are any of the following activities in New Zealand – unloading, reloading, handling, transport by land, or storage (other than on a ship or aircraft) – then the Health and Safety at Work (Hazardous Substances) Regulations 2017 do apply to those activities. The PCBU in management or control of those activities must do one of the following:
- Get a WorkSafe permit that covers those activities, or
- Operate under another PCBU’s WorkSafe permit that covers those activities, or
- Fully comply with the relevant requirements of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (instead of using a permit).
Permit and approval conditions
WorkSafe may set conditions to the permit as it considers appropriate, including
- Conditions relating to the matters covered by the permit, or
- Conditions that require compliance with relevant requirements of the Health and Safety at Work (Hazardous Substances) Regulations 2017, with or without modification, or
- Conditions that apply to the permit holder or any other PCBU who operates under the permit.
The EPA can also set conditions on an EPA approval.
How to apply (WorkSafe)
To apply for a WorkSafe Permit Relating to Transhipment of a Class 1 Substance through New Zealand, email your completed application form and any supporting information to transhipments@worksafe.govt.nz at least one month before the substance is transhipped (that is, at least one month before the ship leaves the last overseas port before arriving in New Zealand waters with the explosive cargo).
There is currently no fee for a WorkSafe permit.
Application form
How to apply (EPA)
For EPA transhipment approvals (including the EPA application form and fees), see the EPA website:
Transhipment approval for hazardous substances in transit through New Zealand | EPA(external link)
Last updated