1 October 2018

The use of 1080 is strictly controlled in New Zealand.

The Environmental Protection Authority (EPA) is responsible for approving hazardous substances for use in New Zealand, including 1080 products. Any concerns about the approval of 1080 for use in this country should be raised with the EPA(external link).

The EPA sets controls on 1080, such as labelling and packaging, notification and permission requirements and methods of application in the field.

The EPA, Ministry of Health Public Health Units, and the Department of Conservation (DOC) handle permissions for 1080 drops. For more information about how DOC uses 1080, see DOC’s website(external link).

Local and regional councils also set some controls over the use of 1080 under the Resource Management Act.

Pest control operators are directly responsible for managing the risks of 1080, including reporting any incidents involving 1080 to the appropriate enforcement agency.

WorkSafe New Zealand and 1080

We enforce the rules relating to the use, handling and storage of hazardous substances, including 1080 and importation of pure form of 1080, in workplace settings. Regulations on hazardous substances under the Health and Safety at Work Act 2015 (HSWA) set out rules that must be followed by organisations using 1080 pellets, including:

• requiring a controlled substance licence to handle, buy, store and apply 1080
• requiring certification of a person’s knowledge and training to use specific hazardous substances.

There are also specific rules on the pure form of the substance (before it is mixed with other ingredients to make pellets), including:

• annual reporting on the quantities of 1080 held by a business, the storage location, and the proposed use
• notifying us of the origin of imported 1080, how much is imported, the arrival location, and the people who will receive it.

Aerial application operators must:

• have permission to fly in the area
• not fly over a public water supply or nearby waterway
• decontaminate aircraft, and loading and storage areas
• place warning signs around the application area until the area is decontaminated, stating the risk to humans and animals, with daytime contact details for whoever is responsible for the land.

Access to application areas during operations is restricted to people who are assisting with the operation or are responsible for making sure the applicable rules are being followed.

We can only respond to public concerns raised about 1080 that specifically relate to requirements for:

• the signage for the use of 1080
• aircraft carrying out aerial application of 1080
• restricted access to the vicinity in which 1080 is applied
• controlled substance licence and certified handler certificates.

In the event of concerns specifically relating to these requirements we may:

• follow up on the concerns listed above to ensure monitoring and enforcement of compliance with the law
• provide advice and information to those with legal duties and to the public.

We will refer all other concerns onto the appropriate agency, as specified in the relevant legislation.

Background on hazardous substances regulation in New Zealand

All hazardous substances used in New Zealand need to be approved by the EPA. Controls to manage risks of hazardous substances are set under both the Hazardous Substances and New Organisms (HSNO) Act, and HSWA.

Controls set by the EPA under HSNO include:

• controls on importers, manufacturers and suppliers of hazardous substances to ensure the substances are correctly labelled and packaged
• controls on the disposal of hazardous substances in both workplaces and non-workplaces
• controls to protect the environment in both workplaces and non-workplaces
• controls to protect people in non-workplaces.

HSWA sets controls on the use, handling and storage of hazardous substances to manage risks to people. Businesses must manage all risks arising from work, including those caused by using hazardous substances.

Enforcement

The EPA enforces HSNO controls for labelling, Safety Data Sheets and packaging.

Local and regional councils also have some enforcement responsibilities under HSNO, usually related to residential property.

At the end of last year, some HSNO rules were transferred to the HSWA regime to bring together all the controls for managing hazardous substances at work in one place.

Businesses must manage all risks arising from work, including those caused by using hazardous substances.

We enforce rules on the use, handling and storage of all hazardous substances at work, under HSWA.

We do this by providing guidance, authorising compliance certifiers, and developing detailed technical rules for hazardous substances.

We also enforce HSNO hazardous substances disposal requirements and rules to protect the environment in workplaces.

EPA's and WorkSafe's roles and responsibilities