Marine animals
- 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 import and export of marine mammals (including marine mammal products) is governed by both CITES and the Marine Mammals Protection Act 1978 (sections 4(2), (5), and (6)). A permit is required to hold any marine mammal (or marine mammal product) except in the circumstances set out in section 4(5) Marine Mammals Protection Act (MMPA), and any institution or individual wishing to export or import such material must apply for a permit from the Department of Conservation to do so. The Marine Mammals Protection Act specifies particular aspects that must be considered when assessing an application for such a permit, which include:
- The need to conserve, protect, or manage any marine mammal;
- Any international agreement to which New Zealand is a party;
- Any submissions received.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Permits to import/export issued under the Marine Mammals Protection Act include all live or dead marine mammals, and all marine mammal products (with the exception of marine mammal material being an ornament or an item for personal use or adornment made wholly or principally from any part or parts of a marine mammal, if the marine mammal product accompanies that person from or into New Zealand or comprises part of that person's belongings and was in existence in a similar form as at the commencement of this Act) (see s.4(5) MMPA).
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?
A function of the Department of Conservation, under the MMPA, is to protect, conserve and manage marine mammals in New Zealand and in New Zealand fisheries waters. The most effective way to manage and minimise human impact on marine mammals is through a permitting system. New Zealand has no specific quantity or value limits on the import / export of marine mammal material.
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?
Marine Mammals Protection Act 1978. The legislation would require amending to remove the requirement for import/export permits. It is not possible to abolish the system without legislative approval.
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)?
At least 12 weeks is the minimum preferable.
Q7.b. Can a licence be granted immediately on request?
No.
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?
Yes, applications can be dealt with under delegated authority from the Minister of Conservation by the Department of Conservation's staff.
DOC is the administering authority but permit applications may require a statutory process of public consultation (28 days). Permit applications that relate to an emergency situation or to the taking of any marine mammal solely for the purposes of research may not require public consultation (at the discretion of the Minister) – see section 5(6) MMPA.
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?
There are no circumstances where a permit may be declined other than the criteria specified in the Marine Mammals Protection Act. Yes, reasons for refusal are given to the applicant. Applicants have no right of appeal (see section 6 MMPA) but could apply for judicial review if administrative law failure present.
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 if they meet the criteria specified in the Marine Mammals Protection Act.
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 provide the following:
(a) The full name and address of the applicant, whether or not the applicant is a New Zealand citizen, and details of such qualifications and experience as the applicant considers will assist the Minister in his consideration of the application;
(b) In the case of an intended research project, a full description of the project or programme in which the marine mammal to be taken will be used, a complete list of the sponsors or co-operating institutions concerned with the project, and the names and qualifications of any scientists involved;
(c) Where the marine mammal is for display or zoological purposes, details relating to the facilities where the mammal taken will be held or displayed or, if a certificate has been issued in respect of any zoological garden pursuant to regulations made under section 25 of the Animals Act 1967, details of the certificate;
(d) Where a marine mammal is to be captured, the number of persons to be involved, the population or area from which it is proposed to take the mammal, and details of the proposed methods of capture and transportation.
Q11. What documents are required upon actual importation?
CITES documentation and Marine Mammals Protection Act permit.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Permit processing fees are applicable and vary among applications according to the work involved in permit processing, and whether the application would require gazettal. General power to charge fees given under section 60A-C Conservation Act.
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.
On receipt of a permit application, DOC provides an estimate of the cost of permit processing to the applicant, and requires a lodging fee/deposit prior to initiating processing. DOC is able to waive the fees under certain circumstances.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Varies among permits, and may be varied by permit amendment. A permit may be extended by application to do so being granted by the Minister's delegate.
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?
Permits may be transferred to another person with the prior consent of the Minister after an appropriate application. Such transfers are likely to be subject to conditions.
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?
Conditions may be prescribed as per section 7 of the Marine Mammals Protection Act.