Pursuant to section 3 of the Import Control Act 1988, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

1 Title and commencement

2 Conditional prohibition on importation of certain tyres

3 Revocation

Schedule
Standards or specifications to be met by imported tyres

Order

1 Title and commencement

(1) This order may be cited as the Import Control (Tyres) Conditional Prohibition Order 1996.

(2) This order shall come into force on the 28th day after the date of its notification in the Gazette.

2 Conditional prohibition on importation of certain tyres

(1) Subject to subclause (2), the importation into New Zealand of tyres that—
- (a) have an internal rim diameter of less than 508 mm; and
- (b) are imported under Tariff subheadings 4011.10, 4011.20, 4011.91, 4012.10, or 4012.20, or are on wheels imported under Tariff subheading 8708.70; and
- (c) either—
  - (i) have not been retreaded and were not manufactured to any of the standards or specifications set out in Part 1 of the Schedule; or
  - (ii) have been retreaded and were not retreaded to any of the standards or specifications set out in Part 2 of the Schedule; or
  - (iii) are tyres from or on which the brand name, standard codes, or associated markings have been removed, obscured, or otherwise made illegible—
  is hereby prohibited.
(2) The Minister may permit the importation into New Zealand of any tyres of the class described in subclause (1), subject to such conditions as the Minister may impose.

3 Revocation

The Import Control (Tyres) Conditional Prohibition Order 1991 (SR 1991/222) is hereby revoked.

cl 2(1)(c)

Part 1
Standards or specifications for tyres that have not been retreaded

New Zealand Standard (NZS) 5453

New Zealand Standard (NZS) 5464

Australian Design Rule (ADR) 23/00

Australian Design Rule (ADR) 23/01

Economic Commission of Europe Regulation (ECE) 30/01

Economic Commission of Europe Regulation (ECE) 30/02

Economic Commission of Europe Regulation (ECE) 54

Japanese Industrial Standard (JIS) 4230

United States Federal Motor Vehicle Safety Standard (FMVSS) 109

Part 2
Standards or specifications for tyres that have been retreaded

New Zealand Standard (NZS) 5423

Australian Standard (AS) 1973

British Standard (BS) AU144b

Marie Shroff,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on the 28th day after the date of its notification in the Gazette, provides that tyres of a certain class cannot be imported unless the importation is permitted by the Minister of Commerce.

The tyres affected by the order are—

(a) tyres that do not conform with any of the standards or specifications set out in the Schedule; and

(b) tyres from which the brand name, standard codes, or associated markings have been removed or on which those markings have been obscured or otherwise made illegible.

The order revokes and replaces the Import Control (Tyres) Conditional Prohibition Order 1991. This order is different from the 1991 order in 2 respects.

Firstly, it provides that the tyres must have met the required standards when the tyres were manufactured or retreaded, as the case may be. Under the 1991 order the tyres must meet the standards at the time of importation.

Secondly, two new retreading standards are added. They are the Australian Standard (AS) 1973 and the British Standard (BS) AU144b.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 19 December 1996.

1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)

Notes

1 General

This is a reprint of the Import Control (Tyres) Conditional Prohibition Order 1996. The reprint incorporates all the amendments to the order as at 20 December 1996, as specified in the list of amendments at the end of these notes.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
- •omission of unnecessary referential words (such as “of this section” and “of this Act”)
- •typeface and type size (Times Roman, generally in 11.5 point)
- •layout of provisions, including:
  - •indentation
  - •position of section headings (eg, the number and heading now appear above the section)
- •format of definitions (eg, the defined term now appears in bold type, without quotation marks)
- •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)
- •position of the date of assent (it now appears on the front page of each Act)
- •punctuation (eg, colons are not used after definitions)
- •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
- •case and appearance of letters and words, including:
  - •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
  - •small capital letters in section and subsection references are now capital letters
- •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
- •running heads (the information that appears at the top of each page)
- •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

Import Control (Tyres) Conditional Prohibition Order 1996