High power laser pointers
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The regulatory controls to restrict the importation, supply and acquisition of high-power laser pointers in New Zealand is implemented through the Health (High-power Laser Pointers) Regulations 2013 and the Customs Import Prohibition (High-power Laser Pointers) Order 2019.
Under the legislation applicants must apply for authorisation from the Director - General of Health or their delegate to supply or acquire high-power laser pointers. Before granting authorisation, the Director-General must be satisfied the applicant is of good character and has a legitimate purpose for acquiring a high-power laser pointer.
Every authorisation issued to import HPLP specifies the quantity and frequency of the permitted import. Each authorisation is individually assessed and issued according to the requirements of the importer.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The Ministry of Health is responsible for administering regulatory controls to help manage the health and safety risks from high-power laser pointers (HPLP).
HPLP are small hand-held devices that emit a beam of non-ionising electromagnetic radiation. The controls do not apply to all laser pointers. Devices with a power output up to and including 1mW are regarded as low risk and are not covered by the controls.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The licensing is intended to control the quantity of imports and ensure there is a legitimate use for devices imported. Options for managing the risks from HPLP were considered in a regulatory impact statement.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The Health (High-power Laser Pointers) Regulations 2013.
The Customs Import Prohibition (High-power Laser Pointers) Order 2019.
The Summary Offences (Possession of High-power Laser Pointers) Amendment Act 2014
The Customs Import Prohibition (High-power Laser Pointers) Order 2019 (CIPO) restricts the importation of HPLPs to people authorised to import them by the Director-General of Health. The CIPO is made under section 96 of the Customs and Excise Act 2018 and administered by the New Zealand Customs Service.
The Health (High-power Laser Pointers) Regulations 2013 restrict the sale/supply of HPLPs to authorised suppliers and restrict their acquisition to authorised recipients. They are made under sections 117(1)(a) and (z) and 119(d) of the Health Act 1956 and are administered by the Ministry of Health.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Ministry of Health seeks to process all applications within 25 working days and authorisation is valid from the date of issue.
Q7.b. Can a licence be granted immediately on request?
Ministry of Health seeks to process all applications within 25 working days but if an application is urgent it may be possible to process in a shorter time frame.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Authorisations are issued solely by Ministry of Health. The outcome (decline or approval) is shared with NZ Customs.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
An authorisation will be declined if the applicant has not provided sufficient information to satisfy that they had a legitimate purpose for acquiring a high-power laser pointer as required by the Regulations.
An application will be declined if the application has not been fully completed. The reasons for declining are shared with the applicant. Applicants are advised of the process to follow if they feel their application should be reconsidered because they have new information or evidence.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply under non-restrictive systems. There is no registration fee.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
The applicant is required to complete a standard application form. The applicant must provide details about themselves, the devices they are seeking to import/supply/acquire, the frequency and volume of imports, the intended use, and how they will be stored. A statutory declaration is required for the application.
The application form can be downloaded from here: https://www.health.govt.nz/our-work/environmental-health/high-power-laser-pointers.
Q11. What documents are required upon actual importation?
Nil but New Zealand Customs may request confirmation of the authorisation to import.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is currently no licensing fee.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
There is no period of validity of a licence.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Additional conditions can be placed on an authorisation, such as the requirement to notify Ministry of Health of any changes to an authorised importer's circumstances where those changes may impact their eligibility to hold an authorisation to import or supply HPLPs.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.