Testing Laboratory Registration Act 1972

Testing Laboratory Registration Act 1972

Public Act1972 No 36
Date of assent20 October 1972
Note

This Act is administered in the Ministry of Research Science and Technology.

  • The Title was repealed, as from 26 September 2006, by section 4 Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

1 Short Title and commencement

  • (1) This Act may be cited as the Testing Laboratory Registration Act 1972.

    (2) This Act shall come into force on the 1st day of January 1973.

1A Purpose

  • The purpose of this Act is to provide for the development and maintenance of good conformity assessment practice in New Zealand that is consistent with international practice and facilitates trade.

    Section 1A was inserted, as from 26 September 2006, by section 5 Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    conformity assessment bodies include testing laboratories, inspection bodies, and certification bodies; and conformity assessment is the activity undertaken by conformity assessment bodies

    conformity assessment bodies: this definition was inserted, as from 26 September 2006, by section 6(1) Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

    Council means the Testing Laboratory Registration Council established under this Act

    Industrial design

    [Repealed]

    Industrial design: this definition was inserted, as from 10 December 1988, by section 2 Testing Laboratory Registration Amendment Act 1988 (1988 No 167).

    Industrial design: this definition was repealed, as from 26 September 2006, by section 6(2) Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

    Minister means, subject to any enactment, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    Minister: this definition was substituted, as from 2 August 1990, by section 14(1) Foundation for Research, Science, and Technology Act 1990 (1990 No 72).

    registration includes accreditation and other recognition.

    registration: this definition was inserted, as from 26 September 2006, by section 6(3) Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

    Testing means determining, in whole or in part, the composition or physical properties of a substance or product, calibrating a piece of equipment, or determining the ability of any substance, product, or piece of equipment to satisfy particular requirements; and test has a corresponding meaning

    Testing laboratory includes the equipment, facilities, staff, records, procedures, and places used in testing.

2A Act binds the Crown

  • This Act binds the Crown.

    Section 2A was inserted, as from 26 September 2006, by section 7 Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

Testing Laboratory Registration Council

3 Establishment of Testing Laboratory Registration Council

  • (1) There is hereby established for the purposes of this Act a Council, to be known as the Testing Laboratory Registration Council.

    (2) The Council is a Crown entity for the purposes of section 7 of the Crown Entities Act 2004.

    (3) The Crown Entities Act 2004 applies to the Council except to the extent that this Act expressly provides otherwise.

    (4) The members of the Council are the board for the purposes of the Crown Entities Act 2004.

    Subsection (2) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    Subsections (3) and (4) were inserted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

4 Membership of Council

  • (1) The Council consists of 9 members of whom—

    • (b) 4 members must be appointed by the Council itself.

    (2) In exercising the power of appointment, the Minister shall have regard to—

    • (a) Nominations put forward by persons or bodies involved or interested in the development and use of conformity assessment:

    • (b) The nominees' knowledge of, and experience in management, and knowledge and experience of conformity assessment.

    (3) [Repealed]

    (4) [Repealed]

    (5) [Repealed]

    Subsection (1)(c) was repealed, as from 1 July 1988, by section 26(1) Standards Act 1988 (1988 No 5).

    Subsection (1)(g) was inserted, as from 22 October 1981, by section 2 Testing Laboratory Registration Amendment Act 1981 (1981 No 98).

    Section 4 was substituted, as from 1 January 1989, by section 3(1) Testing Laboratory Registration Amendment Act 1988 (1988 No 167).

    Subsection (1) was substituted, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    Subsection (2)(a) was amended, as from 26 September 2006, by section 8(1) Testing Laboratory Registration Amendment Act 2006 (2006 No 45) by substituting the words “conformity assessment” for the words “testing procedures, quality assurance, and industrial design”.

    Subsection (2)(b) was amended, as from 26 September 2006, by section 8(2) Testing Laboratory Registration Amendment Act 2006 (2006 No 45) by substituting the words “conformity assessment” for the words “the testing of products and materials, quality assurance, and industrial design”. See sections 11 and 12 of that Act as to the transitional provisions.

    Subsections (3) to (5) were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

5 Term of office of members

  • [Repealed]

    Sections 5 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

6 Extraordinary vacancies

  • [Repealed]

    Subsection (1) was amended, as from 1 January 2002, by section 70(1) Human Rights Amendment Act 2001 (2001 No 96), by substituting the words “inability to perform the functions of the office” for the word “disability”.

    Sections 5 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

7 Representation of absent members

  • [Repealed]

    Subsection (1) was amended, as from 1 January 1989, by section 4(1) Testing Laboratory Registration Amendment Act 1988 (1988 No 167) by omitting the words “appointed under paragraph (a) of subsection (1) of section 4 of this Act”.

    Subsection (2) was amended, as from 1 July 1988, by section 26(2)(a) Standards Act 1988 (1988 No 5) by substituting the words “section (4)(1)(b)” for the words “paragraph (b) or paragraph (c) of subsection (1) section 4”, and by section 26(2)(b) of that Act by substituting the words “New Zealand Manufacturers' Federation Incorporated” for the words “body that nominated that member”.

    Subsections (2) and (3) were repealed, as from 1 January 1989, by section 4(2) Testing Laboratory Registration Amendment Act 1988 (1988 No 167).

    Sections 5 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

8 Deputy Chairman

  • [Repealed]

    Sections 5 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

9 Meetings of Council

  • [Repealed]

    Sections 5 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

10 Executive committee

  • [Repealed]

    Sections 5 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

11 Special committees

  • [Repealed]

    Sections 5 to 11 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Functions and powers

12 Functions of Council

  • The general functions of the Council are—

    • (a) to promote the development and maintenance of good practice in conformity assessment; and to establish and maintain a registration scheme for conformity assessment bodies (except for certification bodies) that comply with that practice; and

    • (b) to develop and maintain international recognition and acceptance of the Council's registration scheme; and to maintain appropriate international relationships consistent with the Council's functions under this section; and

    • (c) if the Council chooses, to provide certification services; and

    • (d) to perform any other functions that the Minister may direct the Council to perform in accordance with section 112 of the Crown Entities Act 2004.

    Section 12 was substituted, as from 12 December 1983, by section 2 Testing Laboratory Registration Amendment Act 1983 (1983 No 96).

    Section 12 was further substituted, as from 10 December 1988, by section 5 Testing Laboratory Registration Amendment Act 1988 (1988 No 167).

    Section 12 was substituted, as from 26 September 2006, by section 9 Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

13 Powers of Council

  • (1) [Repealed]

    (2) Without limiting the generality of the powers of the Council under sections 16 and 17 of the Crown Entities Act 2004, it may—

    • (a) provide for the registration of conformity assessment bodies (except for certification bodies) that apply for registration and that, in the opinion of the Council, comply with the requirements prescribed by the Council, subject to any conditions, including the period of registration, as the Council thinks fit:

    • (b) provide for the revocation of the registration of a conformity assessment body registered under this Act, after consideration of any submissions made on its behalf, for failing to comply with all or any of the requirements or conditions prescribed by the Council on registration:

    • (c) require, for every conformity assessment body registered under this Act, the institution and maintenance, to the satisfaction of the Council, of control of the services for which the conformity assessment body is registered, and the maintenance of any records that, in the opinion of the Council, are necessary to establish that control is maintained:

    • (d) authorise the endorsement, in the name of the Council, of conformity assessment documents issued for services that are services—

      • (i) offered by a conformity assessment body registered under this Act; and

      • (ii) for which the body is registered:

    • (e) [Repealed]

    • (f) [Repealed]

    • (g) [Repealed]

    • (h) Co-operate with persons, associations, or organisations engaged in the production of goods in New Zealand with the object of maintaining and improving the quality of such goods by the use of conformity assessment practices approved by the Council:

    • (i) Co-operate with any person, association, or organisation outside New Zealand having similar functions or objects, with a view to furthering the functions of the Council:

    • (j) Become a member of or affiliate to any international body concerned with similar functions or objects:

    • (k) Establish and maintain libraries and other sources of information for reference in respect of matters relating to the functions of the Council:

    • (l) collect and disseminate information relating to conformity assessment, including the publication of reports, pamphlets, books, journals, and other publications:

    • (m) provide advisory and other services in respect of conformity assessment:

    • (n) promote research into the methods of conformity assessment:

    • (o) Promote the development of the testing of goods and its acceptance by producers of goods:

    • (p) Solicit and accept for the purposes of the Council any money, land, or other property from any person, organisation, local authority, or public body by way of grant, subsidy, donation, gift, subscription, or otherwise; and extend to any person, organisation, local authority, or public body, from whom it accepts any money, land, or other property as aforesaid, such concessions or benefits as it thinks fit:

    • (q) [Repealed]

    • (r) [Repealed]

    • (s) [Repealed]

    • (t) [Repealed]

    • (u) Establish training centres, laboratories, consultancies, and other establishments considered necessary for the efficient exercise of its functions:

    • (v) Charge fees in respect of the registration under this Act and of any other services rendered:

    • (w) Carry out such other powers and duties as are conferred on it by this Act or otherwise.

    Subsection (2)(da) to (dc) were inserted, as from 12 December 1983, by section 3(1) Testing Laboratory Registration Amendment Act 1983 (1983 No 96).

    Subsection (2)(m) was amended, as from 12 December 1983, by section 3(2) Testing Laboratory Registration Amendment Act 1983 (1983 No 96) by substituting the words “under this Act” for the words “of testing laboratories”.

    Section 13 was substituted, as from 10 December 1988, by section 6(1) Testing Laboratory Registration Amendment Act 1988 (1988 No 167).

    Subsection (1) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    Subsection (2) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “under sections 16 and 17 of the Crown Entities Act 2004” for the words “under subsection (1) of this section”.

    Subsection (2)(a) to (d) was substituted, as from 26 September 2006, by section 10(1) Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

    Subsection (2)(e) to (g) was repealed, as from 26 September 2006, by section 10(1) Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

    Subsection (2)(h) was amended, as from 26 September 2006, by section 10(2) Testing Laboratory Registration Amendment Act 2006 (2006 No 45) by substituting the words “conformity assessment practices” for the words “testing procedures”. See sections 11 and 12 of that Act as to the transitional provisions.

    Subsection (2)(l) to (n) was substituted, as from 26 September 2006, by section 10(3) Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

    Subsection (2)(q) to (t) was repealed, as from 26 September 2006, by section 10(4) Testing Laboratory Registration Amendment Act 2006 (2006 No 45). See sections 11 and 12 of that Act as to the transitional provisions.

    Subsection (2)(u) was amended, as from 26 September 2006, by section 10(5) Testing Laboratory Registration Amendment Act 2006 (2006 No 45) by omitting the words “design centres,”. See sections 11 and 12 of that Act as to the transitional provisions.

14 Powers of Council with respect to property

  • (1) [Repealed]

    (2) [Repealed]

    (3) Nothing in this Act or any other Act shall authorise the sale or exchange of any land granted by the Crown or by any Act as an endowment to the Council.

    (4) Any land held by the Council in trust for a special purpose may be sold or exchanged, notwithstanding the terms of the trust; but the proceeds of any such sale, and the land or money obtained by any such exchange, shall be subject to the same or similar trusts, so far as may be, as the land so disposed of.

    (5) [Repealed]

    Subsection (1) was amended, as from 10 December 1988, by section 7(1) Testing Laboratory Registration Amendment Act 1988 (1988 No 167) by omitting the words “With the approval of the Minister,”.

    Subsections (1) and (2) were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

    Subsection (3) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by substituting the words “in this Act or any other Act” for the words “in this section”.

    Subsection (4) was amended, as from 10 December 1988, by section 7(2) Testing Laboratory Registration Amendment Act 1988 (1988 No 167) by omitting the words “, with the consent of the Minister,”.

    Subsection (4) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the words “under this section”.

    The proviso to subsection (5) was repealed, as from 10 December 1988, by section 7(3) Testing Laboratory Registration Amendment Act 1988 (1988 No 167).

    Subsection (5) was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

15 Staff of Council

  • [Repealed]

    Subsection (2) was amended, as from 10 December 1988, by section 8(1) of the Testing Laboratory Registration Amendment Act 1988 (1988 No 167) by omitting the words “(within scales fixed by the Council in agreement with the State Services Commission)”.

    Subsection (2A) was inserted, as from 1 April 1988, by section 87 State Sector Act 1988 (1988 No 20).

    Subsection (2A) was amended, as from 10 December 1988, by section 8(2) Testing Laboratory Registration Amendment Act 1988 (1988 No 167) by substituting the words “determined in consultation with” for the words “determined from time to time by”.

    Subsection (4)(a) was substituted, as from 1 April 1988, by section 87 State Sector Act 1988 (1988 No 20).

    Subsection (5) was substituted, as from 1 April 1991, by section 80 National Provident Fund Restructuring Act 1990 (1990 No 126).

    Section 15 was repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

Financial provisions

16 Funds of Council

  • [Repealed]

    Sections 16 to 20A were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

17 Investment of funds

  • [Repealed]

    Sections 16 to 20A were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

18 Borrowing powers

  • [Repealed]

    Section 18 was amended, as from 10 December 1988, by section 9 Testing Laboratory Registration Amendment Act 1988 (1988 No 167) by omitting the words “With the prior consent in writing of the Minister of Finance,”.

    Sections 16 to 20A were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

19 Money to be banked

  • [Repealed]

    Sections 16 to 20A were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

20 Accounts

  • [Repealed]

    Subsection (1) was amended, as from 1 April 1978, by substituting the words “Public Finance Act 1977” for the words “Public Revenues Act 1953” pursuant to section 163 Public Finance Act 1977 (1977 No 65).

    Subsection (2) was repealed, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142).

    Section 20 was substituted, as from 1 July 2001, by section 53 Public Audit Act 2001 (2001 No 10).

    Sections 16 to 20A were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

20A Crown entity

  • [Repealed]

    Section 20A was inserted, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142).

    Sections 16 to 20A were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

21 Exemption from taxes

  • (1) The Council shall be exempt from the payment of income tax.

    (2) [Repealed]

    Subsection (1) was amended, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115) by omitting the words “land tax and”.

    Subsection (2) was repealed, as from 1 October 1973, by section 2(2)(a) Payroll Tax Repeal Act 1973 (1973 No 21).

22 Members not personally liable

  • [Repealed]

    Sections 22 and 23 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

23 Fees and travelling allowances

  • [Repealed]

    Sections 22 and 23 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

24 Contributions to Council's funds

  • For the purpose of providing funds for the exercise of the functions of the Council, any local authority or public body may, without further authority than this section, make grants out of its general funds to the Council for such amount as it thinks fit.

25 Insurance of members

  • [Expired]

    Section 25 expired, on 1 April 1974, when Part 3 of the Accident Compensation Act 1972 came into force pursuant to the Accident Compensation Act Commencement Order (No 2) 1973 (SR 1973/290).

Miscellaneous provisions

26 Annual report

  • [Repealed]

    Section 26 was substituted, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142).

    Sections 26 to 28 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

27 Departments of State to provide services, etc

  • [Repealed]

    Sections 26 to 28 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

28 Contracts of Council and members

  • [Repealed]

    Sections 26 to 28 were repealed, as from 25 January 2005, by section 200 Crown Entities Act 2004 (2004 No 115).

29 Restriction on use of words “Testing Laboratory Registration” in certain circumstances

  • (1) Except with the consent of the Governor-General in Council, no association or person, whether a body corporate or not, shall exercise its functions under a name which contains the words “Testing Laboratory Registration” or any abbreviation of these words.

    (2) Where any Act provides for the registration of any association of persons, the registering authority may refuse registration, if, in its opinion, the use of the name by which the association desires to be registered is prohibited by subsection (1) of this section.

    (3) The provisions of this section shall, with any necessary modifications, apply to a person carrying on business under any name or style other than his own.

    (4) Any association which, or person who, does any act in contravention of the provisions of this section commits an offence.

    (5) Nothing in this section shall apply to the use by any association or person of any name that was in use in New Zealand by that association or person, or any predecessor in business of that association or person, immediately before the commencement of this Act.

30 Offences and penalties

  • (1) Every person commits an offence against this Act who makes any statement or representation, whether in writing or not, or uses any mark with reference to any goods, which conveys or is likely to convey the impression that a testing laboratory which is not registered under this Act is so registered.

    (2) Every person who commits an offence against this Act for which no specific penalty is provided elsewhere than in this section, shall be liable on summary conviction to a fine not exceeding $200 and, in the case of a continuing offence, to a further fine not exceeding $10 for every day on which the offence is continued.