APPLICANT GUIDE
CONTROLLED SUBSTANCE LICENCE VERTEBRATE TOXIC AGENTS &
FUMIGANTS
Purpose of this Guide
Before you start the application process it is recommended that you look at
“Steps to Apply for a Licence” in this Guide to help you plan to get your
Controlled Substance Licence (CSL) in good time. The process can take a
number of weeks.
These notes provide guidance for Applicants for the initial application process for
a CSL relating to Vertebrate Toxic Agents and Fumigants, the extension of a
CSL, and the replacement of a lost CSL.
The Guide and the related form can be found on our website
www.worksafe.govt.nz or by contacting [email protected] or 0800 376
234.
www.worksafe.govt.nz
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Table of Contents
About this Guide ................................................................................. 1
Steps to apply for a Licence ................................................................ 3
1. What Substances Need a Licence .................................................... 4
2. Who can get a Controlled Substance Licence .................................. 4
3. How to apply for a Controlled Substance Licence ............................ 5
4. Completing the Application Form .................................................... 5
4.1. Filling in the Form ........................................................................ 5
4.2. Licence Requirement Details (Section 1) ...................................... 5
4.3. Applicant Details (Section 2)......................................................... 5
4.4. Evidence of Identity (Section 3).................................................... 6
4.5. Work Assessment (Section 4)........................................................ 8
4.6. Fit and Proper Person Assessment (Section 5) ...........................
9
5. Declaration (Section 6) .................................................................. 10
6. Fees ............................................................................................... 10
7. Issuing of a Controlled Substance Licence ..................................... 10
8. Appeals Process ............................................................................. 11
9. Addition of Substances (Extension) ............................................... 11
10. Lost Controlled Substance Licence ............................................... 11
11. Criminal and behavioural history ................................................. 11
11.1. Criminal Records (Clean Slate) Act 2004 or New Zealand Police
Diversion Scheme....…..……………………………………………………………….11
11.2. General Considerations ............................................................. 12
11.3. Criminal History ........................................................................ 12
11.4. Court Orders ............................................................................. 15
11.5. Behavioural Issues ................................................................... 15
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Steps to apply for a Licence
Steps
Where in this guide
1. Check if you need a Licence and find a Test Certifier
2. Discuss the Licence Requirement Details with your
Test Certifier.
3. Complete Approved Handler requirements through
the Test Certifier
4. Get the Controlled Substance Licence application
form through the WorkSafe New Zealand website or
your Test Certifier.
5. Find a Trusted Referee and talk to them about
filling in the referee form (Appendix 1 of the
Application form)
6. Gather:
• three identity documents (and change of identity
documents if needed)
• supporting material for proof of work
• recent passport photographs
7. Confirm that you can demonstrate you need the
substances for work.
8. Review the Fit and Proper Person Assessment.
Complete the Consent to Disclose Information form
(contained in the application form).
9. Fill in the Application Form and attach:
• The identity documents
• Statutory declaration for proof of work need and
supporting material (if required)
• Recent passport photographs
• Completed Consent to Disclose Information form
10. Get your Trusted Referee to:
• review the form
• fill in their statement
• sign one of your photographs
Sections 1, 2, 3
Section 1
Section 4.2
Section 4.1
Section 4.4
Section 4.4
Section 4.5
Sections 4.6 and 11
See the application form
Section 4.4
Attach the completed Trusted Referee form to your
application.
11. Complete the declaration at the end of the
application form
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Section 5
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12. Take or send your completed form to the Test
Certifier.
13. The Test Certifier will send your application to
WorkSafe New Zealand, which will issue your Licence.
Section 6
Sections 7, 8
1. What Substances Need a Licence?
A person cannot “possess” Vertebrate Toxic Agents or Fumigants without a Controlled
Substance Licence (CSL). ‘Possession’ includes manufacturing, using or storing the
substance. Selling is covered by storage.
A list of Vertebrate Toxic Agents and Fumigants requiring a CSL is available on our
website www.worksafe.govt.nz
A person without a CSL can only handle listed Vertebrate Toxic Agents and Fumigants if
they are in sight and hearing of a CSL holder.
A CSL is not required for transportation of Vertebrate Toxic Agents or Fumigants from
one CSL holder to another (such as by a courier or transport firm), provided the
transporter complies with the Land Transport Rules, Maritime Safety Rules and Civil
Aviation Rules. However, the substance must be delivered to a CSL holder or locked up
securely until the CSL holder can take possession of the substance.
For information on Pindone licensing please talk to your Test Certifier.
2. Who can get a Controlled Substance Licence?
To apply for a CSL you must:
a. be 17 years of age and over; and
b. be adequately trained to handle that substance (i.e. have an approved handlers
certificate); and
c. require the substance for work; and
d. complete a fit and proper person assessment. In addition you must provide evidence
of your identity.
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3. How to apply for a Controlled Substance Licence
The application is made through a Test Certifier who will:
a. talk to you about the fit and proper person assessment;
b. assist you to identify the appropriate substances you need a CSL for;
c. review and verify your identity documentation;
d. review and verify your work requirement for the substances;
e. check you have completed the form and attached everything needed;
f. collect the application fees; and
g. forward the completed form to WorkSafe New Zealand.
The test certifier may charge a separate fee for this service.
A list of Test Certifiers is available at:
http://www.epa.govt.nz/search-databases/Pages/testcertifiers-search.aspx
Select the vertebrate toxic agents or fumigants box before beginning your search.
4. Completing the Application Form
4.1. Filling in the Form
The application form can be printed from the WorkSafe New Zealand website or a copy
may be obtained from your Test Certifier.
Instructions for filling in the form are on page 1 of the form and at the top of each
section in the form.
If you can’t fill in the form your Test Certifier will assist you.
4.2. Substance Requirement Details (Section 3)
Substances required (Section 3.1)
You must have an approved handler certificate and proof of work for the Vertebrate
Toxic Agents or Fumigants you tick. You will not be issued a licence for a substance not
named on your approved handler certificate.
Pilots undertaking aerial application of certain substances do not require an approved
handler certificate if they have a chemical rating certificate.
Approved Handler Certificate (Section 3.2)
You must produce a copy of your approved handler certificate for verification by your
test certifier, who will need to sight your original certificate. Alternatively, if the
certificate has been entered in the WorkSafe New Zealand electronic database, details of
the certificate number and the issuing test certifier will be sufficient.
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4.3. Applicant Details (Section 1)
Applicant Name and Address (Sections 1.1 and 1.2)
Other names used
You should ensure that the applicant details you give match with the identity documents
you provide (under 4.4 below). If there is any difference you should explain these
differences under this section.
If needed, attach documents that explain any differences in identity information. These
documents might include official certificates of civil union, marriage, divorce, annulment
or change of name by statutory declaration or deed poll. Note that “Common Usage” is
where a person has continually used a name for many years and it has been accepted
by many agencies as such. For example, a person may use their middle name instead
of their first name and has a driver’s licence to support this change.
You should list all other names you use as well, as this may be needed to match
information on WorkSafe New Zealand databases or with other agencies or persons
(such as the employer, trusted referee or Police) who may be consulted by WorkSafe
New Zealand in reviewing the application.
4.4. Evidence of Identity (Section 3)
Identity Documents
You need three documents to prove your identity. At least one of the documents must
be a photographic identity document. You will need to attach either the originals or
verified copies of each document.
One (1) of the following primary documents:
•
•
•
•
•
•
•
New Zealand Firearms Licence
New Zealand Passport
Previous CSL
New Zealand Full Birth Certificate
New Zealand Citizenship Certificate
New Zealand Certificate of Identity
Overseas Passport (with New Zealand Immigration Visa/ Permit)
Note: a primary document is not required if the application is for the replacement of an
expired licence.
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Two (2) of the following secondary documents:
•
•
•
•
•
•
•
•
NZ Drivers Licence
International Driving Certificate
Photo ID (Student ID, HANZ 18+ID, Employee ID, or similar)
Community Services Card
Electoral Roll Confirmation of Enrolment Letter
IRD Statement
Utility Account Bill (Power, Gas or Telephone)
Bank Statement
The Test Certifier must see and can verify a copy of the original documents, unless the
copy has been authenticated by the issuing agency. For instance the New Zealand
Police can verify a copy of your actual Firearms Licence. A JP can also verify a copy of
the original documents.
Photographs
You must enclose two identical passport photographs that are less than 12 months old.
One photograph must be signed by the trusted referee as specified on the Trusted
Referee Statement form.
Trusted Referee
Your Trusted Referee:
•
•
must have known you for 12 months or longer;
be someone “of standing” and trust within the community, that is:
-
Registered lawyer, accountant, teacher or medical professional
Kaumatua
Minister of Religion
Elected Official, including local and central government
Senior government official ( e.g. Regional or Area Manager, General Manager or
Director)
Applicant’s employer
Police Officer
Firearms Licence holder
Justice of the Peace
CSL holder
Test certifier
-
The Trusted Referee must not be under the age of 17, a relative, a partner or spouse or
someone who lives with you.
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Your trusted referee must:
•
•
complete in full and sign the Trusted Referee Statement (see Appendix 1 of the
application form); and
sign one of the photographs as specified.
4.5. Work Assessment (Section 4)
Introduction
In order to hold a Controlled Substance Licence the applicant must have a current and
legitimate work related purpose for possessing a controlled substance (work includes
voluntary work) at the time that they apply for a licence. In order to assess this
requirement the following two options should be considered:
Option 1 - Statutory Declaration
A statutory declaration can be provided that the applicant requires the substance/s for
work purposes. The statutory declaration must state:
a. The name of the substance/s and the type of work the substance/s will be used for.
b. The reason why they need to possess a controlled substance.
c. Supporting evidence in the form of either:
i. A letter from the applicant’s employer; or
ii. A letter from the person the applicant is contracting for; or
iii. A statement from the applicant that they are self-employed and describes the work
they do with recent examples; or
iv. A statement from the applicant that the substance/s are to be used on their own
property (e.g. a farm) for legitimate reasons.
Option 2 – Verification by a test certifier
A test certifier, who has met the applicant, can verify that the applicant requires the
substance/s for work. There are three main ways for the applicant to do this.
1. The test certifier has sighted one of the following documents:
a. A letter from an employer confirming the applicant’s position and the
requirement to have in their possession a controlled substance as part
of their duties; or
b. A letter from a prospective employer stating that an applicant is
appointed subject to obtaining a licence; or
c. Evidence of a current contract which requires the use of a controlled
substance, or that a contract will be made subject to the applicant
obtaining a CSL; or
d. Supporting documents which show that the applicant works for a
business that manufactures, sells, stores or uses a controlled
substance; or
e.
Official letters of support from a government agency or a recognised
community organisation which states the applicant regularly undertakes
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voluntary work which requires them to possess a controlled substance; or
f.
Supporting references from a local Regional Council, Territorial
Authority or Department of Conservation supporting the use of a controlled
substance by a farmer who undertakes his or her own pest control; or
g.
Any other relevant information that an applicant may provide to
demonstrate their work status.
The test certifier must keep records of the information used to verify the work need so
that it can be audited.
2. Where a farmer holds an existing CSL, references will not be necessary but the farmer
must provide to a test certifier:
a. proof of their current CSL; and
b. proof of their continuing interest in a farm; and
c. documentation that shows active use of the substance requiring a licence during the
recent one year period, such as a GST receipt of purchase of the substances.
3. A test certifier has personal knowledge of the applicant’s work status and makes a
statement to this effect.
4.6. Fit and Proper Person Assessment (Section 5)
Introduction
A fit and proper person assessment is undertaken by WorkSafe New Zealand after
consideration of:
•
•
An assessment of the applicant’s behavioural history; and
Advice from the New Zealand Police after completion of a Police Check;
Behavioural History (Section 5.1)
Complete the questions in section 5.1 of the application form.
Information in Section 11 of this guide will help you to understand the factors
WorkSafe New Zealand will use to help them assess your application.
If you are unsure whether you meet the fit and proper person criteria you should make
an application to WorkSafe New Zealand to allow a full assessment to be made of the
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information available. Making an application cannot presume that the application will
be approved.
5.
Declaration (Section 6)
Fill in, sign, and date the declaration.
NZ Police Check
A Police Check is required for all applicants.
By signing the declaration, you are authorising the New Zealand Police to disclose to
WorkSafe New Zealand any information held by the Police.
Note: if you are an overseas citizen and do not have a New Zealand identity (e.g.
drivers licence etc) the New Zealand Police will not be able to undertake a police
check. Talk to your test certifier about additional information you will need to provide.
6.
Fees
You must pay the required fees to your Test Certifier. They need to be paid to WorkSafe
New Zealand by the Test Certifier before WorkSafe New Zealand starts to process your
application. The current fees can be found on the WorkSafe New Zealand web site
www.worksafe.govt.nz
Test certifiers will also charge a fee. This fee is set by the Test Certifier to recover
administration time and any associated costs to administer the application for the CSL.
7. Issuing of a Controlled Substance Licence
The Test Certifier sends your completed application to WorkSafe New Zealand.
WorkSafe New Zealand will decide on your application.
If the information provided is incomplete or incorrect the application will not be
processed and will be returned to you with a request to resubmit the application when
completed correctly. The test certifier will be informed that the application has been
returned to you.
If WorkSafe New Zealand considers you are not “fit and proper” you will be notified and
given the opportunity to respond before a final decision is made.
If it is decided you can have a CSL this will be issued to you directly by WorkSafe New
Zealand. It will be posted to your residential address. It is in the form of a photo ID
card and is to be used in conjunction with your approved handler certificate.
8. Appeals Process
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You are able to appeal to the District Court any decision to:
•
•
•
decline your application
place specific terms and conditions on your CSL
revoke your CSL.
The appeal process is provided for under the Hazardous Substances and New Organisms
(HSNO) Act 1996 section 125(1A)(b)(ii).
9. Addition of Substances (Extension)
If you wish to add a new a substance to your existing CSL you can apply to WorkSafe
New Zealand. You will need (an) approved handler test certificate(s) to cover both the
existing and new substances. If you give more than one approved handler test
certificates, the CSL can only be issued until the first date that one of the certificates
expires.
You will need to include relevant fees with your application.
Your old licence will need to be returned to WorkSafe New Zealand before the new
licence is issued.
10. Lost Controlled Substance Licence
If you have lost your CSL you can apply for a replacement using the Replacement of a
Controlled Substance Licence application form.
You will need to include relevant fees with your application.
11. Criminal and behavioural history
When assessing an application WorkSafe New Zealand will consider the following factors
to assist them in deciding whether to approve or decline the application.
11.1. Criminal Records (Clean Slate) Act 2004 or New Zealand Police
Diversion Scheme
You do not need to declare convictions covered by the Criminal Records (Clean Slate)
Act 2004 or disclose if you have been the subject of a New Zealand Police Diversion
Scheme. Such convictions will not be taken into account when undertaking a fit and
proper person assessment.
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Under the Criminal Records (Clean Slate) Act, an individual must meet all of the criteria
in section 7 of the Act before all of their convictions can be concealed. The general
criteria for obtaining the benefits of the 'clean slate' scheme are set out below. You
must have:
•
no convictions within the last 7 years;
•
never been sentenced to a custodial sentence e.g. imprisonment, corrective
training, borstal;
•
never been ordered by a Court following a criminal case to be detained in a
hospital due to your mental condition, instead of being sentenced;
•
not been convicted of a "specified offence" (e.g. sexual offending against children
and young people or the mentally impaired);
•
paid in full any fine, reparation, or costs ordered by the Court in a criminal case;
•
never been indefinitely disqualified from driving under section 65 Land Transport
Act 1998 or earlier equivalent provision.”
The Act should be consulted for full information.
11.2. General Considerations
In deciding whether an application should be approved, it should be considered whether
the negative factors, when balanced against the positive factors, bring into doubt the
applicant’s ability to properly use or possess a controlled substance. When information is
received that may be prejudicial to an application the applicant will be given a
reasonable opportunity to comment on the information, unless disclosing the information
would endanger the safety of the informant or any other person (in which case limited
information will be provided). If in doubt the veracity of any information/allegation will
be investigated before any decision to approve or decline the application is made.
11.3. Criminal History
Criminal Convictions
Convictions are grouped into those that resulted in a sentence of imprisonment (Group
1) and those that did not (Group 2). Unless good reasons exist for not doing so,
significant weight should be applied to the following types of criminal convictions.
Group 1 – Convicted to a sentence of imprisonment
This includes a person who has been sentenced, whether in New Zealand or overseas, to
preventive detention or imprisonment. The applicant should demonstrate they have
been successfully rehabilitated, and would normally be expected to be free of convictions
for a period of 7 years from completion of the sentence.
Note that:
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
if a sentence of imprisonment is served by way of home detention, it is still a
prison sentence and is treated exactly the same as if it were served in a prison;
and

a sentence includes time spent on parole or subject to recall to prison.
Group 2 – Convicted without a sentence of imprisonment
This includes a person who has been convicted, whether in New Zealand or overseas,
but not sentenced to imprisonment. The applicant should demonstrate they have been
successfully rehabilitated, and would normally be expected to be free of convictions for a
period of 3 years from the date of the conviction.
For both Group 1 and 2 the delegate should consider evidence that demonstrates that
the offences do not bring into doubt the applicant’s ability to properly use or possess a
controlled substance. This evidence could include:

A written submission from the applicant explaining the circumstances of the
conviction and why the applicant considers a Licence should be issued; and

Supporting character references (such as from an employer, if available).
Note:
•
Suspended sentences that are not activated are not included in this section. This
is because, unless the sentence is activated, a suspended sentence is essentially a
community-based sentence.
•
Traffic offences such as drink driving or dangerous driving are included in this
group.
•
Infringements such as speeding or driving without a licence, generally will not fit
into this group (see Infringements below).
Where convictions relate to a behavioural issue regarding the use of drugs or alcohol, or
violence related actions, evidence that the applicant has successfully completed a
rehabilitation programme related to the convictions would be taken into account.
Pending Criminal Proceedings
If the New Zealand Police advise that criminal charges are pending or that the applicant
is under investigation, the application should not be processed until the matter has been
finalised by the Courts or the investigation is completed.
If the results of the charges or investigation are unlikely to be known in the near future
a decision should be made on the facts available at the time. If this decision results in a
decline of the application, the applicant can be advised to re-apply at a later date.
Youth Offending
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Offences committed when an applicant was less than 17 years of age, and were dealt
with in the Youth Court, may be disregarded unless the offences were committed within
the 3 year period immediately prior to the application.
Where offences were dealt with in the Youth Court and were committed in the 3 years
prior to application, the applicant should be requested to provide a written submission
explaining why he/she considers a licence should be issued, explaining the
circumstances of the offence, and it should be accompanied by supporting character
references (such as from an employer, if available). The decision-maker should consider
whether the offence/s bring into doubt the applicant’s ability to properly use or control a
licensed substance.
If the offences were dealt with in the District or High Court they will be treated as a
Group 1 or 2 conviction as appropriate.
New Zealand Police Diversion Scheme
Applicants do not need to disclose if they have been the subject of a New Zealand Police
diversion scheme. If the applicant discloses that they were charged with an offence but
received diversion, the offence should not prevent the applicant from being considered
‘fit and proper’.
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11.4. Court Orders
Domestic Violence / Protection Orders
Significant weight against granting an application should be applied where an applicant
has an undischarged protection order granted under the Domestic Violence Act 1995
against him/her.
If a protection order has been discharged, the applicant should be asked to provide
sufficient evidence to demonstrate that their behavioural history does not bring into
doubt their ability to properly use or possess a controlled substance. This evidence
should include:
•
•
a written submission explaining the circumstances surrounding the making of the
order and why he/she considers a licence should be issued; and
supporting character references (such as from an employer, if available).
Other Court Orders
Any other relevant court orders may be taken into account. A court may make an order
which may be relevant when considering if the applicant is a fit and proper person to
hold a Controlled Substance Licence. Where the order reflects on their ability to reliably
and safely manage a controlled substance the applicant should be asked to provide
evidence why their behavioural history does not bring into doubt their ability to properly
use or possess a controlled substance.
11.5. Behavioural Issues
Where an applicant has a history of violence, drug abuse, alcohol abuse, or other
behavioural issues the overriding considerations are whether:
•
•
these issues are relevant; and/or
they will affect the applicant’s ability to properly use or possess a controlled
substance (e.g. will the applicant follow the controls).
An applicant may provide evidence to support their application that they have
successfully completed a rehabilitation programme in relation to their behavioural
issue where this is appropriate; e.g. an anger management course in relation to a
history of violence.
History of Violence, Drug and Alcohol Abuse
Information on history would normally be obtained from the Police, but could be
obtained from other sources. An applicant with a recent history of violence, alcohol
and/or drug abuse is unlikely to be considered to be ‘fit and proper’. To demonstrate
that such behaviour is no longer an issue, an applicant should provide sufficient
evidence to demonstrate that their current history does not bring into doubt their ability
to properly use or possess a controlled substance.
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This evidence could include written supporting documentation from a suitably qualified
professional, such as their doctor or support worker, which indicates that the applicant is
now a stable person who will comply with the law and who is fit to possess a controlled
substance. The applicant should also be asked to provide supporting character
references (such as from an employer, if available). The overriding consideration is
whether or not the applicant’s history brings into doubt his/her ability to properly use or
possess a controlled substance.
Infringements
Infringement offences are matters that are dealt with by way of instant fines rather than
a court hearing and do not carry criminal convictions. For example, speeding offences,
Health and Safety infringements issued by WorkSafe New Zealand and some fisheries
offences.
Infringements are not considered as part of the applicant’s criminal history. However,
they may indicate that the applicant shows a disregard for the law.
1.
2.
3.
Repeat infringements of a similar nature over a recent period of time.
Recent suspension of a driver’s licence that has resulted from accumulation of
demerit points.
The applicant has received an infringement notice which relates to their
possession or use of a controlled substance.
In these circumstances, the applicant should be asked to provide an explanation why the
infringements do not bring into doubt their ability to properly use or control a licensed
substance. The applicant should be asked to provide a written submission explaining
why he/she considers a licence should be issued, explaining the circumstances of the
infringements. This should be accompanied by supporting character references (such as
an employer, if available).
Terrorist and Criminal Organisations
Information received from the New Zealand Police or from another organisation must be
considered on the basis of whether this brings into doubt his/her ability to properly use
or possess a controlled substance.
Membership of, or association with, a terrorist or criminal organisation may constitute a
reason to decline an application. A decision on an application will be made on a case
by case basis taking into account any information received from the applicant.
Allegations
WorkSafe New Zealand may receive information from sources other than the New
Zealand Police, e.g. a HSNO enforcement agency, that may be prejudicial to an
application. Any decision on whether information is sufficient to decline an
application will be made on a case-by-case basis.
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Providing False, Misleading or Non-Disclosure of Information
Any deliberate provision of false, misleading, or non-disclosure of information should be
treated as an indication that the applicant is unlikely to be a fit and proper. Any case
where it is suspected that an applicant has provided false, misleading or non-disclosure
of information should be considered on a case by case basis, before approval is given.
The decision-maker should consider whether the applicant:
•
has an explanation for the false, misleading, or non-disclosure of information; and
•
could reasonably be expected to know that the information was false or
misleading, or whether it should have been disclosed.
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