Request for written confirmation clarifying the definitions of words and terms used in legislation

Details of the request

The purpose of my communication is to obtain, as soon as reasonably possible but no later than 17 June 2025 written confirmation clarifying the precise definition of particular words and terms that are written by the Crown Person into ITS Corporate Contractual Governance Publications’ of primary Legislative instruments, specifically those that are administered by the Crown Person's Ministry for Environment of "NEW ZEALAND".

The CCGI titled: Environment Act 1986 (Public) of NEW ZEALAND is one of the Instruments administered by the Crown Person’s Ministry for the Environment, an office of State, constituted by Section 28. It is the primary instrument for the administration of many of the Corporate Contractual Governance Publications’ of Primary Legislation listed in Schedule 2. The Hazardous Substances and New Organisms Act 1996 (Public) of NEW ZEALAND, is also listed in Schedule 2, and is also subject to the requirements of the precise clarification of certain words and terms written in by the Crown Person.

(Note: provide each definition for each word (applied as term or not) that starts with and without a “Capital” letter or for a word (applied as term or not) with all Capitals, if there is different definitions and meanings attached by the Crown Person on the basis of the construction of a subject word.)

Precise Definitions

1. Precise Definition(s) of words, and words applied as terms by the Crown Person within ITS CCGI titled: Environment Act 1986 (Public) of NEW ZEALAND

Section 2 Interpretation

ecosystem means any system of interacting terrestrial or aquatic organisms within their natural and physical environment

environment includes—

(a) ecosystems and their constituent parts including people and communities; and

(b) all natural and physical resources; and

(c) those physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes; and

(d) the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters hazardous substance means any substance which may impair human, plant, or animal health or may adversely affect the health or safety of any person or the environment, whether or not contained in or forming part of any other substance or thing.

hazardous substance means any substance which may impair human, plant, or animal health or may adversely affect the health or safety of any person or the environment, whether or not contained in or forming part of any other substance or thing.

natural hazard means any atmospheric or earth or water related occurrence (including erosion, volcanic activity, landslip, subsidence, sedimentation, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or the environment.

natural and physical resources includes water, air, soil, minerals, hydrocarbons, and energy, all forms of flora and fauna (whether native to New Zealand or introduced) and any building, structure, machine, device, or other facility made by people.

public authority means—

(a) a Minister of the Crown:

(b) a government department:

(c) any instrument of the Executive Government of New Zealand: (

d) any local authority.

Precise Definitions

a) The word “consent” is used as a term and is stated as follows:

Consent means capable of being granted under—

a. any Act specified in the Schedule:

b. any regulation, rule, Order in Council, Proclamation, notice, or bylaw in force under any of those Acts:

c. any operative regional plan or district plan or proposed plan under the Resource Management Act 1991— and which it is necessary to obtain before the lawful commencement of any undertaking or activity which may affect the environment

a.1) Does the word “Consent” mean the obtaining of informed (evidenced) consent of a “Person”. That is a "person” as defined in the Legislation Act 2019, Section 13 Definitions of terms for all legislation

In legislation,— person includes a corporation sole, a body corporate, and an unincorporated body).

Answer: Yes or No

Provide particulars of the Corporate Contractual Authority for if the answer is no:

Clarification (if any):

a.2) Does the application of the term “Consent” mean to include the informed (evidenced) consent of a “Human” and, or a “Human Being”

Human:

Answer: Yes or No

Provide particulars of the Corporate Contractual Authority for answer:

Clarification (if any):

Human Being:

Answer: Yes or No

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Clarification (if any):

b) What is the definition of the word "Human”?

Answer:

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b.1) What is the definition of the word "Human being”?

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b.2) What is the definition of the words “Human Life”?

Answer:

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Clarification (if any):

(Note: Words; “Human”, “Human Being” and “Human Life” are not defined by the Crown Person within any of its Corporate Contractual Governance Publications of primary Contractual Legislation, or any related Publication.)

c) What is the definition of the word “plants”?

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d) What is the definition of the word “flora”?

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e) What is the definition of the word “fauna”?

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f) What is the definition of the word “people”?

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g) What is the definition of the word “area”?

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h) What is the definition of the word “terrestrial”?

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i) What is the definition of the word “communities”?

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j) What is the definition of the word “animals”?

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k) What is the definition of the word “Land”?

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l) What is the definition of the word “Public”? 

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m) What is the definition of the word “Instrument”?

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n) What is the definition of the word “property”?

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o) What is the definition of the word “water”?

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p) What is the definition of the word “earth”?

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q) What is the definition of the word “atmosphere”?

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r) What is the definition of the word “Public”?

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Clarification (if any):

2. Precise Definition(s) of words, and words applied as terms by, in the Crown Person’s instrument titled: Hazardous Substances and New Organisms Act 1996 (Public) of NEW ZEALAND,

Section 2 Interpretation

environment includes—

(a) Eco systems and their constituent parts, including people and communities; and

(b) all natural and physical resources; and

(c) Amenity values; and

(d) the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters.

host organism means an organism that is the subject of a genetic modification procedure

human cells—

(a) means human cells, human cell lines, or human tissues that are being grown or maintained outside the human body; and

(b) includes human reproductive cells or human embryonic cells that are being grown or maintained outside the human body.

organism—

(a) does not include a human being:

(ab) includes a human cell:

(b) includes a micro-organism:

(c) includes a genetic structure, other than a human cell, that is capable of replicating itself, whether that structure comprises all or only part of an entity, and whether it comprises all or only part of the total genetic structure of an entity:

(d) includes an entity (other than a human being) declared to be an organism for the purposes of the Biosecurity Act 1993: (e) includes a reproductive cell or developmental stage of an organism.

toxic means capable of causing ill health in, or injury to, human beings

Precise Definitions

a) What is the definition of the term “Human Cell”?

That is what constitutes elements of a “Human

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Clarification (if any):

b) What is the definition of the words “Human body”?

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c) What is the definition of the words “Human Being”?

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d) What is the definition of the words “human reproductive cells”?

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e) What is the definition of the words “human embryonic cells”?

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f) What is the definition of the words “human tissues”?

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g. What is the definition of the word “cell”?

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Precise Definition of the word “Crown”

3. The word “Crown” is defined as what constitutes the term “person” as it is written into the Hazardous Substances and New Organisms Act 1996 (Public) of NEW ZEALAND,

Section 2 Interpretation

person includes the Crown.

a) Does the word “person” have a different meaning to that what is written into the Legislation Act 2019, Section 13 Definitions of terms for all legislation

In legislation,— person includes a corporation sole, a body corporate, and an unincorporated body).

Answer:

And includes:

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Clarification (if any):

b) What is the definition of the word “Crown”?

Answer:

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Clarification (if any):

oia@mfe.govt.nz