Weights and Measures Amendment Act 2005

Weights and Measures Amendment Act 2005

Public Act2005 No 118
Date of assent14 December 2005

The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Weights and Measures Amendment Act 2005.

    (2) In this Act, the Weights and Measures Act 1987 is called the principal Act.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Inspectors' working standards
  • (1) Section 7(2) of the principal Act is amended by inserting, after the words working standards, the words , except those that are used to determine a measure of volume and are constructed of glass,.

    (2) Section 7 of the principal Act is amended by inserting, after subsection (2), the following subsection:

    • (2A) Inspectors' working standards that are used to determine a measure of volume and are constructed of glass must be verified by comparison with the district standards at intervals not exceeding 10 years.

    (3) This section only applies to Inspectors' working standards that are verified after this Act comes into force.

4 Accredited persons' working standards
  • (1) Section 7A(2) of the principal Act is amended by inserting, after the words this section, the words , except those that are used to determine a measure of volume and are constructed of glass,.

    (2) Section 7A of the principal Act is amended by adding the following subsection:

    • (3) Every accredited person must, at intervals not exceeding 10 years, cause the standards maintained by that person under subsection (1) that are used to determine a measure of volume and are constructed of glass to be verified by reference to—

      • (a) the departmental standards; or

      • (b) any district standards; or

      • (c) the standards referred to in section 5(3)(a) or (b).

    (3) This section only applies to standards maintained by an accredited person that are verified after this Act comes into force.

5 Offence to supply weight, measure, or number not in accordance with stated quantity
  • (1) Section 16A(1) of the principal Act is amended by adding the following paragraph:

    • (d) in subsections (4) and (5), required period means the period beginning at the time when the package was made up and ending on the seventh day after the day the package was made up.

    (2) Section 16A(4) of the principal Act is amended by—

    • (a) omitting the words , at any time on the day the package was made up or during the period of 7 days beginning on the day after the day the package was made up,; and

    • (b) inserting in paragraph (a), after the word was, the words , at all times during the required period,; and

    • (c) inserting in paragraph (b), after the word was, the words , at all times during the required period,; and

    • (d) inserting in paragraph (c), after the words inadequate packages, the words , at any time during the required period,.

    (3) Section 16A(5) of the principal Act is amended by omitting the words period specified in subsection (4), and substituting the words required period.

6 Duration and renewal of accreditation
  • (1) Section 30C(1) of the principal Act is amended by—

    • (a) omitting the words section 30D of this Act, and substituting the words sections 30D and 30DA; and

    • (b) omitting the expression 1 year, and substituting the expression 3 years.

    (2) Subsection (1)(b) only applies to a letter of accreditation that is issued after this Act comes into force.

    (3) Section 30C(2) of the principal Act is amended by omitting the words of this Act,, and substituting the words or is, at the time of application for its renewal, suspended under section 30DA,.

    (4) Section 30C of the principal Act is amended by repealing subsection (4), and substituting the following subsection:

    • (4) The Secretary must renew a letter of accreditation for a period of 3 years if the Secretary—

      • (a) receives an application for the renewal of that letter of accreditation under subsection (3); and

      • (b) receives payment of the prescribed fee (if any); and

      • (c) is satisfied that the applicant continues to meet the requirements for accreditation prescribed by regulations made under this Act.

    (5) Subsection (4) only applies to an application for the renewal of a letter of accreditation that is received by the Secretary after this Act comes into force.

7 New sections 30DA and 30DB inserted
  • The principal Act is amended by inserting, after section 30D, the following sections:

    30DA Suspension of accreditation
    • (1) The Secretary may suspend the accreditation of any person as an accredited person if the Secretary is satisfied that the person—

      • (a) no longer meets all the requirements for accreditation prescribed by regulations made under this Act; or

      • (b) has failed to comply with any condition imposed by the Secretary in respect of that person's accreditation; or

      • (c) has failed to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or

      • (d) has been convicted of an offence against section 32(fa).

      (2) The Secretary may suspend the accreditation of any person whose name is specified in a letter of accreditation under section 30A(2) if the Secretary is satisfied that the person—

      • (a) has failed to comply with any condition imposed by the Secretary in respect of that letter of accreditation; or

      • (b) has failed to exercise or perform the powers, functions, and duties of an accredited person to a satisfactory standard; or

      • (c) has been convicted of an offence against section 32(fa).

      (3) The Secretary may make a suspension under subsection (1) or subsection (2) for a period of no more than 28 days.

      (4) The Secretary may at any time, of his or her own motion, revoke a suspension made under subsection (1) or subsection (2).

      (5) Every suspension under subsection (1) or subsection (2) must be communicated to the person concerned by notice in writing, which must state—

      • (a) the effect of the suspension; and

      • (b) the reasons for the suspension; and

      • (c) the date on which the suspension begins, which must be no earlier than the date on which the notice is deemed to have been received by that person; and

      • (d) the period of the suspension.

      (6) The Secretary is not obliged to give a person an opportunity to be heard before the Secretary suspends the accreditation of that person under subsection (1) or subsection (2).

      (7) For the purposes of subsection (5),—

      • (a) a notice that is posted to a person's last known business or residential address is deemed to be received by that person 3 working days after the date on which it is posted:

      • (b) a notice that is sent to a person at a fax number or electronic address is deemed to be received by that person on the working day following the day on which it is sent:

      • (c) a notice that is personally delivered to a person is deemed to be received by that person on the day on which it is delivered.

      (8) Despite subsection (7), a notice is not deemed to have been received if the person to whom it is posted or sent proves that it was not received, otherwise than through fault on that person's part.

    30DB Effect of suspension of accreditation
    • (1) A person is not an accredited person, for the purposes of this Act, for the period for which his or her accreditation is suspended.

      (2) At the end of the period of suspension, the person's accreditation is immediately revived unless—

      • (a) the accreditation has, during the period of suspension, expired, in which case that person may apply for the renewal of his or her letter of accreditation under section 30C; or

      • (b) the accreditation has been revoked under section 30D(1); or

      • (c) that person's name has been removed from the letter of accreditation under section 30D(2).

8 Appeals against decisions of Secretary
  • Section 30F(1) of the principal Act is amended by inserting, after the expression section 30D, the words or section 30DA.


Legislative history

8 December 2005Divided from Statutes Amendment Bill (No 5) (Bill 249-2), third reading