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About ionising radiation legislation
The Radiation Safety Act 2016 (the Act) and the associated secondary legislation the Radiation Safety Regulations 2016 (the regulations) came into force in March 2017.
Together, they establish a framework to protect people’s health and safety and safeguard the environment from the harmful effects of ionising radiation, while allowing for its safe and beneficial use.
The Act also enables New Zealand to meet its international obligations relating to radiation protection, radiation safety and security, and nuclear non-proliferation.
Find the Radiation Safety Act 2016 and the Radiation Safety Regulations 2016 on NZ Legislation.
Codes of practice
Codes of practice are issued by the Director in accordance with sections 86 to 90 of the Act and are secondary legislation. They specify the technical requirements that a person dealing with a radiation source must follow to comply with the fundamental requirements set out in sections 9-12 of the Act.
Find the codes of practice on the Ministry of Health website.
Key requirements of the Radiation Safety Act 2016
A ‘natural person’ means a person that is an individual human being (as distinguished from the broader category of a legal person, which includes corporation sole, a body corporate, and an unincorporated body as defined in section 13 of the Legislation Act 2019).
Key requirements of the Act include:
- a person who possesses, manages, controls, or manufactures a radiation source must hold a source licence granted under section 19
- holders of source licences must register controlled radiation sources with the Office of Radiation Safety and provide updates when the status or location of the radiation source changes
- a natural person who uses a radiation source must be authorised to do so in accordance with the Act, such as by:
- holding a use licence authorising the use of the radiation source
- being a person who is exempt from the requirement to hold a use licence to perform activities specified in Schedule 3 of the Regulations
- using radiation sources under the direct supervision of a person who holds a use licence or is exempt from requiring a use licence
- using under written instruction provided by a person who holds a use licence or is exempt from requiring a use licence
- using in accordance with a source licence that authorises use
- consent to import or export is required for anyone who wishes to import or export radioactive material.
