Information for managers of accredited product stewardship schemes This information sheet is for product stewardship scheme managers. It provides information on your responsibilities and the processes that need to be followed once your scheme has been accredited. Variation of an accredited scheme An accredited product stewardship scheme may be varied. For example, you would need to vary your scheme if: the objectives and targets change you appoint a new scheme manager a participant leaves or joins the scheme or their contact details change. The Minister for the Environment must be notified of any variations to a scheme. If a variation will adversely affect the scheme’s objectives or its ability to meet the objectives in the timeframes set, the varied scheme may need to be re-accredited. To advise the Minister whether the variation adversely affects a scheme we may seek an external assessment of the variation request by an independent assessor. If the assessment reveals that the variation will adversely affect the existing scheme you may be asked to apply for re-accreditation. If the variation to the scheme will not adversely affect the scheme’s objectives or its ability to meet the objectives it is not necessary to apply for re-accreditation. Please contact us to discuss the details of your variation and to receive the Product Stewardship Scheme Variation Notification Form by emailing psaccreditation@mfe.govt.nz or phoning the Product Stewardship Accreditation Analyst on 04 439 7400. Note: This form is not available on our website. Scheme expiry Accreditation of a product stewardship scheme expires on the earlier date of either: the expiry date specified in the scheme application, or seven years after the date that the scheme was accredited by the Minister. Continuing accreditation The accreditation of an existing scheme continues if: you apply for accreditation of a scheme, to replace the existing scheme, not later than six months before the accreditation expiry date, and at the date of expiry, the application for the replacement scheme has not been determined by the Minister. Revocation of accreditation Accreditation of a product stewardship scheme can be revoked by the Minister if any of the following situations occur. The Minister is satisfied that reasonable steps to implement the scheme are not being taken and the scheme’s objectives are not being met or are not likely to be met within the timeframes stated. The Minister is satisfied that the reporting requirements for the scheme are not being complied with. The product to which the scheme relates was not a priority product at the time of the scheme’s accreditation, but has subsequently been declared a priority product, and the Minister is satisfied the objectives of the scheme are no longer adequate for the product. Monitoring schemes and reporting to the Minister We will monitor and assess scheme performance at least annually. In addition, we require you to monitor the performance of your scheme and report to us. You may be required to report on this to the Minister for the Environment on a regular basis (eg, annually). You may choose to provide the monitoring and reporting information in the same document or may provide the information in another format. It is recommended that the reporting for scheme participants and consumers covers the same information we require and is open and transparent. Timing of your report Reports are due on a date you choose, but we require the reports to be delivered at least annually. Following the approval of an accreditation application by the Minister, we require you to inform us of the delivery date for the first report. This allows you to fit the reporting cycle into any current reporting cycles for the business and/or participants. We accept that the first report may not cover a full operational year for the scheme, depending on when the accreditation decision was made. Recommended content of your report It is recommended that you include the following information in your report: current waste generation volumes and details of any changes to the waste generation measurement methodology information on progress for each objective and specific target set for the scheme, including figures showing trends how the achievement of objectives and targets were assessed and monitored Information for managers of accredited product stewardship schemes Page 2 the financial status of the scheme, including income sources, operating costs, capital investment, and expenditure for meeting the scheme objectives any other factors which may have affected the scheme’s environmental or financial performance any design improvements made to the scheme any changes to the scheme’s organisational structure since the last report any variations to the scheme and whether we were notified of the scheme variation (eg, has the scheme scope, scheme manager, and/or participants changed since the last report?) details of any evaluation of the scheme, the outcomes of the evaluation, and any changes proposed as a result details of any compliance issues with participants of the scheme and action taken, including resolution details of promotion, awareness raising, and other publicising of the scheme carried out in the last reporting year for each target audience (eg, communication plans, media coverage, leaflets, events, workshops, advertising). Comment on how the activities match with the intent outlined in the communications strategy how the scheme has remained consistent with any relevant international or domestic obligations such as Resource Management Act consents and Basel Convention consents a review of the potential risks that may affect the performance of the scheme in the proceeding year and actions you intend to take to manage those risks. Additional information Your report could also include: examples of publication material for the scheme summaries of any public or participant surveys on knowledge or scheme satisfaction summaries of feedback from participants and/or consumers summary information able to be made public on our website (see http://www.mfe.govt.nz/waste/product-stewardship/accredited-voluntary-schemes for examples of scheme summary information on the Ministry’s website). Submitting your report Send your completed report by the due date to: psaccreditation@mfe.govt.nz or Product Stewardship Accreditation Ministry for the Environment Environment House 23 Kate Sheppard Place PO Box 10362 Wellington 6143 Information for managers of accredited product stewardship schemes Page 3 Important note Information provided to the Minister may be subject to disclosure under the Official Information Act, 1982 (OIA). Certain information may be withheld in accordance with the requirements of the OIA. Further information on the OIA is available at www.ombudsmen.parliament.nz. Information held by the Minister and Ministry could be released under the OIA in response to a request from a member of the public for that information. If scheme participants wish to provide sensitive information to the Minister which they do not want released, it is recommended the scheme manager consult with the Ministry as to whether the information is necessary for the application and whether there may be grounds in the OIA for withholding the information. For instance, if release of the information would disclose a trade secret, or be likely to unreasonably prejudice the commercial position of the person who supplied or who is the subject of the information, then the information may be able to be withheld. The grounds for withholding must always be balanced against public interest considerations that may justify release. Although the Ministry cannot give any guarantees as to whether information is able to be withheld under the OIA, it may be helpful to know in advance if information provided with an application is commercially sensitive to scheme participants. Promoting your accreditation We strongly encourage you to promote and publicise your scheme’s actively to participants and consumers. An open and transparent scheme will encourage confidence in accreditation and in the environmental claims of the product stewardship scheme. Open reporting helps with this. We do not intend to produce a distinct logo for an accredited product stewardship scheme and you are not permitted to use the Ministry for the Environment logo without our express permission. However, you may wish to use the words “Accredited by the Minister for the Environment”. After you have been accredited, you may wish to invite the Minister for the Environment and/or representatives from the Ministry to attend a press conference or launch event for the scheme. Attendance at such events is at their discretion. The Minister for the Environment and/or the Ministry for the Environment may also provide a schemespecific quote that can be used in promotional material for schemes once they have been accredited. In promoting your scheme you must meet the requirements of all relevant legislation, including the Fair Trading Act. Members of the public and businesses are encouraged to contact the Commerce Commission and provide information about behaviour that appears to breach the Fair Trading Act. The Commission assesses information it receives, along with information it gathers from its own market monitoring and surveillance activities, to undertake investigations into unfair or misleading trading practices. This may include any misleading or untrue claims about accreditation of a product stewardship scheme. For more information on the Commerce Commission visit http://www.comcom.govt.nz/fair-trading/. Monitoring follow-up We will contact you if any issues with a scheme are highlighted through the annual monitoring report. Depending on the issue, this may result in: a request to complete a scheme variation notification form a request for further information on the monitoring and reporting of the scheme Information for managers of accredited product stewardship schemes Page 4 a visit from an external independent assessor to verify any details or information provided in the annual report an audit visit by us, to interview either the scheme manager and/or a scheme participant escalation to consideration to recommend revocation of accreditation. Auditing schemes Under Section 88(1)(f) of the Waste Minimisation Act 2008, the following people can be audited in respect of their compliance with the scheme’s requirements to keep records and reports: the scheme manager of an accredited scheme any person who has agreed to participate in an accredited scheme. The Minister may revoke the accreditation of a scheme if they are not satisfied that the reporting requirements for the scheme are being complied with. The scheme manager will be notified in advance of an audit. Contact information For further advice or information contact your Product Stewardship Analyst directly, or email psaccreditation@mfe.govt.nz or phone 04 439 7400. Published in February 2016 by the Ministry for the Environment Manatū Mō Te Taiao PO Box 10362, Wellington 6143, New Zealand Publication number: INFO 757 © Crown copyright New Zealand 2016 Information for managers of accredited product stewardship schemes Page 5