Unsafe goods notices are essentially a product ban from the government to quickly address product-related safety issues.
Product bans to address safety issues
The Minister may declare any goods (or class of goods) to be unsafe if it appears to the Minister that:
- the goods will or may cause injury to any person
- a reasonably foreseeable use (including misuse) of the goods will or may cause injury to any person.
How are they made?
Before declaring that goods are unsafe goods, on the grounds of reasonably foreseeable use, the Minister must take all circumstances into account including:
- how likely it will be that a person is injured
- how serious any resulting injury is likely to be
- how often injury is likely to happen
- what steps a manufacturer or supplier has taken to minimise the risk of injury
- whether making a declaration is in the public interest
When they are first made, Unsafe Goods Notices last for up to 18 months. After this, Unsafe Goods Notices lapse unless they are renewed, reworked and reissued, or made permanent. In making an Unsafe Goods Notice permanent the Minister must consult with those people who will be substantially affected and consider their feedback.
The following Unsafe Goods Notices(external link) are in place:
Unsafe Good Notices are published in the New Zealand Gazette(external link).
Who must comply?
No person can import or supply (or offer or advertise to supply) goods that are subject to an Unsafe Goods Notice.
Compliance and enforcement
The Commerce Commission is responsible for enforcing unsafe goods notices within New Zealand. For compliance information go to the Commerce Commission(external link) website.
Unsafe goods notices are also enforced by the New Zealand Customs Service at the border. Products that are captured by an unsafe goods notice are deemed prohibited imports under the Customs and Excise Act. For more information, go to the NZ Customs(external link) website.
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