Several issues have arisen in the change from Dangerous Goods Act, Pesticides Act etc to the HSNO Act around compliance monitoring and enforcement. Agencies that had a compliance role under previous legislation have changed, and in some cases have new responsibilities under HSNO. HSNO also introduces a new player to the compliance regime – independent test-certifiers responsible for inspecting premises that previously held licenses under the Dangerous Goods Act and Toxic Substances Act. The overlaps and efficiency gains to be had between agencies and perhaps even with test-certifiers have yet to be resolved and there is no one agency with a mandate to make sure that this happens.
Situation
Territorial authorities have a smaller role under HSNO compared to the previous enforcement regime. This role would be picked up under the new compliance monitoring arrangements that will be made once substances are transferred – probably through enforcement agencies contracting local services. However, in the meantime, valuable local knowledge and experience is being lost. This local knowledge is important for dealing with emergencies and managing the overlap with the RMA (hazardous facilities and their locations).
How
- Enable ERMA to have a greater role and accountability for directing and co-ordinating enforcement agency activities and accountabilities through having funding to contract other enforcement agencies.
- Develop arrangements to maintain local capacity in hazardous substance compliance activities with urgency.
- In the longer term, change HSNO to clarify the role of ERMA, territorial authorities and regional councils with respect to compliance monitoring and enforcement.
Give ERMA stronger directing and co-ordinating role
ERMA must be enabled to provide stronger leadership in co-ordinating enforcement agency activities. Currently, ERMA identifies gaps in enforcement and reports these gaps to the minister. There are powers in the Act that allow ERMA to have an increased role in co-ordinating compliance monitoring, however ERMA considers that these powers need strengthening.
These powers may need to be strengthened to include the following functions:
- establishing compliance monitoring and enforcement activities and performance standards through service agreements with enforcement agencies or appropriately qualified people, including the provision of funds to allow ERMA to engage agencies for compliance activities in areas with identified gaps; and
- integration of the test-certification regime with enforcement agency functions and information requirements.
ERMA addresses local coverage
If the stronger co-ordinating role for ERMA can be established, together with a commitment to ongoing funding, then the urgent issue of providing a more certain basis for the ongoing involvement of local government can be established, enabling territorial authorities to identify what capability each should maintain.
For example, those TAs or regional councils with the necessary expertise could be engaged to undertake specified levels of compliance inspection and related work, with central agencies (e.g. OSH, Energy Safety Service, Health) providing backup for more specialist or serious matters. This could be achieved via service agreements with each of the agencies involved. This also allows the HSNO compliance to be undertaken in conjunction with related activities in connection with RMA, Building Act, HSE Act, Gas Act and other related statutory functions.
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5. Sound Compliance Monitoring and Enforcement Arrangements
June 2003
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