This note is
not part of the regulations, but is intended to indicate their general
regulations prescribe product safety standards for cigarette lighters.
They apply to the wholesale supply of cigarette lighters on and after
15 February 1999 and the supply of all cigarette lighters on
and after 15 May 1999. The standards apply both to disposable
cigarette lighters and to refillable cigarette lighters with a customs
value of less than $3.50.
The standards specify requirements for safe performance, labelling,
and child resistance in readily obtainable cigarette lighters that
must be met for the purposes of preventing or reducing the risk of
injury to children and other persons.
There are 2 exemptions provided for in regulation 3. The
product safety standards do not apply to personal items carried by
passengers entering New Zealand or to cigarette lighters that are
merely a component part of another cigarette lighter. The second exemption
is to ensure that the product safety standards do not inhibit design
innovations which result in a new product that meets the child resistance
requirements of the product safety standards.
Regulation 4 declares
certain clauses of the International Safety Standard for Lighters—Safety
Specification (ISO 9994:1995E) to be a product safety standard.
The applicable clauses and variations to those clauses are set out
in the Schedule.
Regulation 5 requires
cigarette lighters to be labelled in accordance with the requirements
of the American Standard. These labelling requirements enable a cigarette
lighter to be traced back to the manufacturer.
Regulation 6 requires
that a cigarette lighter be tested in accordance with the American
Standard that establishes a test intended to ensure that cigarette
lighters are resistant to successful operation by children younger
than 5 years of age. It also sets out some specific performance requirements
for the mechanism which makes the lighter child-resistant.
Regulation 7 requires
a certificate of compliance, within the meaning of the American Standard,
to have been issued for the cigarette lighter in accordance with that
standard. The certificate must accompany imports and be produced on
Regulation 8 provides
that, where a certificate of compliance has been issued, the cigarette
lighter must comply with the specifications required under the American
It is an offence
under section 40 of the Fair Trading Act 1986 to supply, or offer to supply, or advertise to supply, goods in
respect of which a product safety standard has been prescribed unless
the standard is complied with.
Section 32 of that Act empowers
the Minister of Consumer Affairs, in the case of goods that do not
comply with a product safety standard, to require the supplier—
to recall the goods
to disclose to the public information relating to the goods
to repair, replace, or refund the price of the goods.
In addition, the Act provides
for the granting of injunctions and other remedies that may be obtained
against persons who contravene Part 3 of the Act.