The Waste Minimisation (Solids) Bill was originally drafted and placed in the ballot by former Green Party MP Mike Ward. It was subsequently re-entered by Nandor Tanczos MP and drawn in May 2006. In June 2006, the Bill passed its first reading with Green, Labour, Maori Party and New Zealand First support. It went to the Local Government and Environment Select Committee, which received wide and varied submissions from the public. The Select Committee has engaged in constructive debate on the best way to meet the Bill's waste minimisation objectives.

Earlier this year the Government announced policy objectives on waste reduction as part of the Prime Minister’s aspiration of sustainability. Along with the Greens, the Government also favours introducing a modest waste levy and providing some regulatory backstop for product stewardship schemes. The Bill already contains those two mechanisms, and the Government has agreed to continue to support the Bill in order to advance its policy agenda on Waste.

Since the completion of the select committee public hearings on the Bill, Nandor has worked with then Minister for the Environment David Benson-Pope and latterly with Acting Minister David Parker on a Supplementary Order Paper (SOP) to be introduced to the Select Committee as a way of addressing concerns raised by submitters as well as issues with the original wording of the Bill.
This has resulted in an SOP which will retain the core elements of the Bill, while improving their implementation. Some features have been removed, as foreshadowed in public statements by Nandor. Overall, the purpose and key tools of the Bill have not changed.

In July, the Business Council for Sustainable Development’s ShapeNZ poll showed strong support for a levy on waste-to-landfill - 62% in favour, with only 19% opposed, with even higher support amongst ‘business’ respondents. Support spanned respondent’s political party preference. There was less support for Container Deposit Legislation, but neither the Waste Bill nor the SOP require this - instead they create a framework for product stewardship, of which CDL is one possible mechanism if it can be shown to have general support and to be effective at meeting waste reduction targets.
The SOP and what has changed

Part 1 renames the Bill as the Waste Minimisation and Resource Recovery Bill, to better reflect the dual purposes of reducing waste and recycling resources. Some definitions of terms have changed, and the Select Committee will need to consider these carefully.

Part 2 of the SOP replaces the original Bill’s term of an ‘Extended Producer Responsibility’ scheme with a Product Stewardship Scheme. There is little difference in practice. A list of ‘priority products’ for product stewardship will be developed. Relevant stakeholders will then design a scheme to address the end-of-life collection, recycling and disposal of that product, and the waste associated with the product over its life including in manufacture and packaging.

Part 3 of the SOP retains the Waste Levy. It sets the initial levy at $10 per tonne of waste to landfills, with regulatory power to increase this over time (NB. The New Zealand Business Council for Sustainable Development has suggested raising it to $30 over three years to fully internalise the externalities associated with landfilling). Regulation will also allow the inclusion of further facilities such as cleanfills where appropriate.

With landfill waste at over 3 million tonnes, a levy initially at $10 a tonne is likely to raise $30 million dollars. All levy funds will be recycled into Waste Minimisation initiatives in the public, private and community sectors.

Part 4 of the Bill transfers the waste provisions of the Local Government Act (replacing the Waste Control Authority part of the original Bill).

Part 5 sets offences and enforcement.

Part 6 requires better public reporting of waste data.

Part 7 establishes the Waste Advisory Board. This replaces the Waste Minimisation Authority of the original Bill, and will advise the Minister on the effectiveness of the levy and how it should be dispersed, and on elements of Product Stewardship such as priority product lists and scheme design. The Board will comprise of people with strong records in waste management, enterprise, public sector and community groups.